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Posted by Arthur P. Bloom on Saturday, January 10, 2009 at 00:52:27 :
In Reply to: The exact wording posted by David Sherman on Friday, January 09, 2009 at 21:09:48 :
I may sound like a jail-house lawyer here, but consider this:
If the Zoning Officer is willing to swear that he observed the car outside the garage EVERY DAY for 30 days, then you are guilty as charged.
If you can challenge his testimony, that is, get him to admit that he DID NOT observe the car outside the garage EVERY day for 30 days, then you have a good chance of getting the case dismissed.
Remember, it is up to THEM to prove that the car was outside for all 30 days in a row. He must swear under oath that he, or a co-worker familiar with the case, made those observations, and recorded them in a logbook. Did he work continuously for 30 days without a day off? Is he ready to swear that he made those observations?
it is not your responsibility to prove that you rolled the car out every morning to work on it, and then rolled it back inside every night for safe-keeping. But you can certainly plant the seeds of uncertainty in the hearing officer's (judge's) mind that your schedule was just that.
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