Judge vs prosecutor | claimed perjury when officer ticked DUI level without breathalyzer! – Everything Law and Order Blog

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A Florida Judge: Hon. Schott laid into prosecutors and cited perjury for officer Wagner of Sanford police for checking a box on a citation that provided a blood alcohol level over 0.08. This created a suspended drivers license. However the officer didn’t have any probable cause to check that box since there was no breathalyzer indicating the BAL. The prosecutor stated it was a mistake.

That’s a very specific box, unless you have a breathalyzer you can not indicate how high or low it may be.

2015 case

https://courtrecords.seminoleclerk.org/criminal/crim_details.aspx?d=5S81tEHtCGz%2bzEqujIFcaA%3d%3d

2014 case

https://courtrecords.seminoleclerk.org/criminal/crim_details.aspx?d=zqkNyfOuhbb%2byqLz8O2pmA%3d%3d

Search more cases in Seminole county https://courtrecords.seminoleclerk.org/criminal/default.aspx

Update 2020: It appears judge Schott is back in criminal court. Here’s his calendar:

https://flcourts18.org/attorney-citizen-resources/calendars-scheduling/frederic-schott-docket-calendars/

Judge quotes:

“He admitted it was a mistake your honor,” said Miers.

“But he lied, he lied on a sworn citation,” said Schott.

“Absolutely not your honor, and that is, that is not true,” said Miers.

“I am dismissing — I am dismissing this charge!” said Schott.

Officer Wagner testified during the DUI trial that a breath test wasn’t available at the jail when he booked Gonzales. But Seminole County Public Defender Blaise Trettis said that’s simply not the case.

“You know what? I’m rescinding the sentence and and granting a JOA,” Schott said.

A JOA is a judgment of acquittal, which overruled the jury’s guilty verdict. Schott then told the prosecutor to appeal his decision.

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38 thoughts on “Judge vs prosecutor | claimed perjury when officer ticked DUI level without breathalyzer!”
  1. Many have asked why would a prosecutor act this way. Simple just like the blue line gang promotes by number of arrests the prosecutor moves up the ranks by conviction rate. Camel Toe harris only showed up on conviction day to gloat when she was US attorney. She moved ahead by suckin willies willy but that's another route to up her game. It's good to see a judge who actually demands justice, DA gets away with behavior that would get anybody else a contempt charge.

  2. Its good to see judges on the peoples side when clearly the cop lied. But then he gets pushed out because he pissed some people off. All the higher ups are corrupt and just trying to make profit. Its absolutely disgusting.

  3. Oh yeah, the judges who'll accept fake fisas from the FBi will crucify a beat cop. Pls. Who protects us from SECRET Judges?

  4. Cop blew the investigation and attempted to lie. The prosecutor then tries to cover for the cop's lie for stating the person was over the limit.

  5. True justice for once. It is a pity that these prosecutors are inflicted with hate to tell the truth.

  6. So another words the judge was scolding her because she would fail with this case and in doing so they would not be able to collect money from this individual to put in both of their retirement funds. Don't kid yourself people they're both in bed together.

  7. Hehehehe…"He lied"…"Yes your honor…No, he didn't lie, he made a 'mistake"…😂😂😂the mistake was going in before this judge with this BS…This doesn't happen nearly enough…

  8. Yes!!! Sadly this only happens once the DAs office has really rubbed a judge wrong but it gladdens my heart to see a judge that wants to see a lying ass cop get charged with perjury. Soo many people get f@cked via procedural negligence.

  9. Prosecutor wanted to have her cake and eat it, judge saw through the whole BS charge and wanted no part of it. I bet that attorney was astonished it went her way. I'd love to see her interview or statement on this. ~trooper

  10. Out of curiosity… was that prosecutors name "Karen" by any chance?
    That woman could talk underwater!!!

  11. More Judges need to hold the system in check. Most go along with screwing the people in these situations.

  12. Uh….didnt this judge have to recuse himself just after this hearing due to an ex parte discussion with defense council? Not that I agree what happened constituted an "ex parte" communication, as the state was present during said communication….but my point is, this defendant ended up convicted, I believe….could be wrong

  13. Finally a video that true law and order is done. Many officers are wrongdoing and they should be punished. The law can be enforce without been overpowered

  14. The judge should have ordered her to be put in jail for showing no respect for talking over the judge in his court.
    Show them how it feels to be in contempt of court

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