Me: From the very beginning of the tape (when the officer
first pulls up)it appears his daughter is in the driver's
seat.
You: From Mr. Hiibel's brief it is stated that she was on
the passenger's side.
No, it is not. Go here:
http://washingtonpost.findlaw.com/supreme_court/briefs/03-5554/03-5554.mer.pet.rep.pdf I would have cut and paste the pertinent section, but
it's a darn pdf file. Top of page five is where to look.
The gist is Hiibel states she was driving and the jury,
arresting trooper and JP never found otherwise. I have read
where his daughter also claims she was drivng, but sorry, I
don't have a link for that.
And if you take a close, unbiased look at the large version
of the tape, paying particular attention to the drivers area
when the trooper first pulls up - there is movement in the
cab there.