Crazy Reckless Driving Ticket

[BreakingBad]

Originally Posted by SSCamaroKyle

Well I'm not sure where this rant came from. And yes I do still live at home. And yes i am still in college. And i did pay for my car by myself. So the whole mommy and daddy thing does not apply here. And at that point it was either hit her or pass her and my girlfriend in the seat next to me would agree. And in hindsight i guess i could have taken the chance an nailed my brakes and hoped to not hit her. However in ragards to the other points that were made.......I have tomake a court date because it was a misdemeanor. So that means manditory court date. But thanks for the concerns about who payed for my car

First...like I said first if you are telling 100% truth, then it sounds like some dbag cops out to pull a fast one on a young kid. Go to court with or without a lawyer and explain no marked police vehicles stopped you to indicate a traffic offense, but they followed you to your home and verbally harassed you and your family in public miles away from the 'scene'. T


read: http://www.wisegeek.com/does-an-off-...-authority.htm

i'd use the off duty thing against the cop. at no point did the off duty cop identify himself during the offense, only minutes or hours later did the cop show up and CLAIM you did something somewhere else in the city at a different time and his wife apparently witnessed it, not the cop himself.

talk with an attorney who gives free legal advice, or go to one of those free law centers that will help. hell, get a public defender. there is so much lack of evidence here that i'm almost positive a public defender could probably weasel you out of the ticket.

lastly...i really don't care who paid for your Camaro, I was proving a point that most young kids in nice cars have those nice cars due to the assistance from mom and dad. you live at home, and i will bet a good bit of money they pay for your college too. this is where the term 'silver spoon' comes into play. you may be a nice person and nobody is downing you, but you did not obtain your possessions entirely on your own which will determine the amount of respect you receive from others, especially when said possessions cost upwards of thirty thousand dollars.

/endrant

[2001ragtop]

This sounds like a situation where, EVEN if you say the white Arcadia pulled out in front of you, the only proof you have is your own statements, and your passenger.

No matter what you say, the court will likely "side" with the off-duty cop.

My advice is simple. I would try to get the ticket reduced. You might be able to get deferred adjudication where you sign a form and you don't get any tickets for 90 or 120 days...and then the ticket is completely dismissed.

Always drive slower when you approach intersections or areas where someone "might" pull out in front of you.

You have to drive defensively at all times. From what you described, it sounded like you almost wrecked your car. If you slowed down to 40-45, you may have had extra time. Also, you were on a 2-lane road. That kind of road by itself can be dangerous. It looks like animals could wander onto the highway, things like that.

Just slow down and don't be in any kind of hurry and always ASSUME that all the cars around you are being driven by idiots. If you do this, you likely won't ever get a ticket again.

If the white Arcadia DID INDEED pull out in front of you (as if she did not see you coming), you should just be happy you are alive right now. You might tell this to the judge and offer to take a lie detector test.

[SSCamaroKyle]

Well Breakingbad i can see your point. But actually I pay for my own school as well. But if they did pay for my school you can bet i would be done by now. I just got my associates and landed a decent paying job and thought i would treat myself to a nice car because i could now afford it. And now because this guy is seeing me as a stereotype i could potentially loose it.

[SSCamaroKyle]

Thanks to everyone who is giveing great info to help me get out of this weird situation.

[BreakingBad]

Originally Posted by SSCamaroKyle

Well Breakingbad i can see your point. But actually I pay for my own school as well. But if they did pay for my school you can bet i would be done by now. I just got my associates and landed a decent paying job and thought i would treat myself to a nice car because i could now afford it. And now because this guy is seeing me as a stereotype i could potentially loose it.

this country is in a very sad state of affairs. everything is monitored now, watched, analyzed, and there are laws for everything. MOST traffic laws are common sense laws, but now a days a lot of these laws are simply 'Revenue Generating Laws' and cops are 'Revenue Agents', just like the IRS. reckless driving is a blanket-effect law like disorderly conduct, just about anything could be considered disorderly conduct or reckless driving IF the cop wants to screw you.

i fortunately am very good at manipulating people and changing their minds. cops are no different, out of the 5 or 6 times i've been pulled over in the last 10 years, only once did i actually pay a fine. went to traffic court every single time, defended myself.

listen, like i said go get the free legal advice or call one of those free law centers. call up a public defender, get an idea if you have a decent case. get a copy of the police report*, if possible. be prepared, the court my just F you like they do everyone else and side with the cop regardless, and if you truly think they're out to get you and if you are going to get points or something, then lawyer up.

[Scalded Dog]

Some may not understand spending $1500 on a lawyer, but "Reckless Driving" is not a $100 fine, traffic school, and forget about it. In CA, reckless carries the same weight as drunk driving to the Department of Motor Vehicles, and to the insurance company. Stays on your record for seven years (as opposed to three for less severe convictions). Seven years is a long time to pay astronomical insurance rates, and to worry that the next time a cop says you rolled a stop sign or exceeded the speed limit by 5 MPH might mean the end of your license. ----Paragraph----You seem to have a pretty strong case: However, investing $1500 now is still absolutely critical here. ----Paragraph----Find a lawyer that will finance, take payments, or borrow the money. $1500 for a 98% chance of a clean record, vs. an almost certain conviction that will cost you WAY more than that over time? No contest.

[BreakingBad]

Originally Posted by Scalded Dog

Some may not understand spending $1500 on a lawyer, but "Reckless Driving" is not a $100 fine, traffic school, and forget about it. In CA, reckless carries the same weight as drunk driving to the Department of Motor Vehicles, and to the insurance company. Stays on your record for seven years (as opposed to three for less severe convictions). Seven years is a long time to pay astronomical insurance rates, and to worry that the next time a cop says you rolled a stop sign or exceeded the speed limit by 5 MPH might mean the end of your license. ----Paragraph----You seem to have a pretty strong case: However, investing $1500 now is still absolutely critical here. ----Paragraph----Find a lawyer that will finance, take payments, or borrow the money. $1500 for a 98% chance of a clean record, vs. an almost certain conviction that will cost you WAY more than that over time? No contest.

I don't know jack sh*t about Cali laws...except their Pot laws

Get a lawyer dude.

[joey0480]

Call an attorney and see what they recommend....you will get straight answers there and know where you stand.

[Quackersacker]

Originally Posted by BowtieBelle

Take. This. To. Court.

I work for an attorney. $1500 is WORTH it.

The end.

The one you work for has to charge more cause your always on Camaro5. J/K

[otter]

Go to the police station where this officer works and file a complaint against him. Don't fill out the form and leave. That just gets tossed in the trash.

Demand to talk to a supervisor or even better, ask for the internal affairs officer.

Police department polices are very clear about what actions an officer can take off duty. If it turns out this officer got involved only because a family member called him, he very likely violated department policy.

In CA reckless driving is a misdmeanor so you maybe able to ask for a public defender. If your in college and don't have much money a public defender is a very good choice.

Good luck,

[Butcher]

Originally Posted by Scalded Dog

Some may not understand spending $1500 on a lawyer, but "Reckless Driving" is not a $100 fine, traffic school, and forget about it. In CA, reckless carries the same weight as drunk driving to the Department of Motor Vehicles, and to the insurance company. Stays on your record for seven years (as opposed to three for less severe convictions). Seven years is a long time to pay astronomical insurance rates, and to worry that the next time a cop says you rolled a stop sign or exceeded the speed limit by 5 MPH might mean the end of your license. ----Paragraph----You seem to have a pretty strong case: However, investing $1500 now is still absolutely critical here. ----Paragraph----Find a lawyer that will finance, take payments, or borrow the money. $1500 for a 98% chance of a clean record, vs. an almost certain conviction that will cost you WAY more than that over time? No contest.

This is true. You won't be going to "traffic court", you will be going to "criminal court". Here is another thing you might want to consider. When it comes to driving offenses, you are NOT innocent until proven guilty. Driving is a privilege, not a right. The burden of proof is on you. If you can't prove you didn't do what you're accused of, you will likely be convicted. I would strongly recommend that you get an attorney. There will probably be several court dates. The $1500.00 will be money well spent. Good luck.

[DarkneSS]

Originally Posted by Butcher

This is true. You won't be going to "traffic court", you will be going to "criminal court". Here is another thing you might want to consider. When it comes to driving offenses, you are NOT innocent until proven guilty. Driving is a privilege, not a right. The burden of proof is on you. If you can't prove you didn't do what you're accused of, you will likely be convicted. I would strongly recommend that you get an attorney. There will probably be several court dates. The $1500.00 will be money well spent. Good luck.

Indeed, also you are initially at a disadvantage argument wise. It is in your best interest to lie about a traffic infraction. The officer is assumed to not know you at the time of pull over and thus does not stand to benefit from lying. That is what you are going against in traffic court.

This is a terrible situation imo. That lady is a huge bitch for taking a near accident so seriously when it sounds like it was her fault. She is not a trained officer so she has no qualifications to decide you did anything wrong. And I mean, who really cares? Like if I was her I would have shrugged it off and driven home. People have no life...

[brantley847]

Originally Posted by DarkneSS

Indeed, also you are initially at a disadvantage argument wise. It is in your best interest to lie about a traffic infraction. The officer is assumed to not know you at the time of pull over and thus does not stand to benefit from lying. That is what you are going against in traffic court.

This is a terrible situation imo. That lady is a huge bitch for taking a near accident so seriously when it sounds like it was her fault. She is not a trained officer so she has no qualifications to decide you did anything wrong. And I mean, who really cares? Like if I was her I would have shrugged it off and driven home. People have no life...

Did you really just tell OP to lie under oath? I certainly hope that is sarcasm...don't care if a cop lies or not ... At least he can have some integrity if you clearly don't.

The reason judges don't listen or honor civilian's statements in court is because they have this same approach and/or are caught in the lie on video.

Also, complaining gets you nothing OP. An off duty officer can respond to a stop or scene to provide his witness testimony... If he had stopped you himself in a person vehicle then he may be written up for a safety violation.... Was he a jerk? Maybe.... But nothing he did violated your constitutional rights or ethics violation when he had a uniformed officer present with him.... Did he not? Or are you saying he was the only officer present.

[Angrybird 12]

I always thought to get a ticket issued a officer has to witness the infraction in person or in places where there are traffic cameras an officer still has to review the tape. Unless there is more evidence than just someone claiming to have been cut off in traffic it's a he said she said and should be no basis for a ticket. I think this would get dismissed.