Question about a big ticket

Status
Not open for further replies.

getdrunk2day

left nut < cobra
Established Member
Joined
Dec 12, 2004
Messages
56
Location
MD
a couple months ago i was picking my friend up from school, and on the way home i decided to be a dumbass and pass three cars on the shoulder at like 80 mph... No officer was to be seen, but 15 minutes later i hear a knock at my door. An officer who i had never seen before that claimed to be from the school said that my tags were reported by the people i had passed for what i had done. To make this story short, i was charged with almost $700 in fines and i think 6 points. He even charged me with not wearing a seatbelt, along with reckless endangerment and passing a vehicle while not driving on the road. I have already been to court for this but no witnesses showed up, and the officer told the judge to reschedule it. What can i do about this? And by the way, he told me that because I was coming from a school activity he can charge me with whatever he wanted without seeing it. I want to know if this is a load of crap or what. Thanks in advance.
 

Beetle6986

Member
Established Member
Joined
May 29, 2004
Messages
616
Location
PA
What you did wasn't too smart. :bash: However, that ticket shouldnt hold its own in court. Otherwise, Anybody you pizz off on the road could call the police and make up whatever story they want. They were probably mad because you kicked up stones from the shoulder all over their cars. Not too considerate!
 
Last edited:

KENS03SVT

Member
Established Member
Joined
Feb 28, 2005
Messages
48
Location
New Jersey
I agree, not smart. However, I would plea not guilty, the only way the tickets will fly is if the whitnesses show up and chances are they wont and the cop that wrote them will be forced to drop them. You may also get the opportunity to plea to a lesser charge or to plea guilty to one and merge the rest of the summon's into it so you don't get all the points but I dont recommend the last two options unless the whitness show up.
 

KENS03SVT

Member
Established Member
Joined
Feb 28, 2005
Messages
48
Location
New Jersey
Just to add one comment. If you admitted to the cop that you did in fact pass those vehicles on the right and speeding, then forget option #1 of pleading not guilty and go directly to option two and three.
 

wals9331

Stupid Kid w/Fast Car
Established Member
Joined
Jun 22, 2001
Messages
10,308
Location
Hartland, MI
A cop did that to me also...and i told them that the biatch that reported me was nuts (and she was)....he said, "have a good day", and left :shrug:
 

96SVT_2_NV

New Member
Established Member
Joined
Apr 7, 2004
Messages
595
Location
US
for your sake i hopeyou didnt tell the cop you did do it, if you didnt then do what was said and plead not guilty, it's your word versus hers, most likely you will be offered a really good plea bargain, something along the lines of no seatbelt and maybe unsafe driving(no points), just talk to the prosecutor, if you have a good driving record you should get off easy :beer:
 

LeadPipe

New Member
Established Member
Joined
Jan 17, 2005
Messages
50
Location
MD
Isn't this a case of heresay and it can't be held up in court?
 

cenwesi

New Member
Established Member
Joined
Apr 7, 2003
Messages
276
Location
MD
Ok i am no lawyer and there is no way this can hold up in court. Only way it will hold up in court is if the accuser can produce refuteble proof that YOU did this crime. I mean there are so many ways to win this case i am sure.
 

Russyo

New Member
Established Member
Joined
May 27, 2004
Messages
212
Location
Allen, Texas (N. of Dallas)
bunch of bull, even if the witnesses show up, its not completely against the law to pass on the shoulder. The witnesses are not professionals in that field, and it will be your word against theirs. The officer is worthless in this case, he didnt see, or hear anything. Deny deny deny. But dont do it again!! You should have closed the door in his face, he doesnt stop you in your car, then stay in the house! My thoughts, may not be totally true, have worked for me and people i know though!
Russyo
 
Last edited:

foofinator

Engineer/Lawyer
Established Member
Joined
Nov 4, 2003
Messages
2,837
Location
Austin TX
Woah if a cop knocked at my door I would freak out. But yeah, just hope you didn't admit it to him. You could always say you loaned your car to somebody that day. You're not responsible for them nor do you have to give their name.
 

Russyo

New Member
Established Member
Joined
May 27, 2004
Messages
212
Location
Allen, Texas (N. of Dallas)
actually you are responsible for anything that happens with your car. Dont ever let someone borrow a car that you dont completely trust with your life. They hit someone and run, and your going down unless you can prove otherwise. Beware!
Russyo
 

tistan

Well-Known Member
Established Member
Joined
Feb 20, 2005
Messages
6,010
Location
savannah
next time a cop shows up at the door after you have done something wreckless just don't answere it. If you do answere it then shut the door and make him go get a warrant. He will have one hell of a time getting a warrant without actually being witness to the crime and without any evidence to give him probable cause.
 

EvergreenSVT

New Member
Established Member
Joined
Oct 22, 2004
Messages
975
Location
WA
Russyo said:
actually you are responsible for anything that happens with your car. Dont ever let someone borrow a car that you dont completely trust with your life. They hit someone and run, and your going down unless you can prove otherwise. Beware!
Russyo

Civilly responsible yes, but can you be held criminally responsible if it cannot be proven that you were driving?

Next time, don't answer the door. Or order the cop to leave, which he must do if he has not witnessed a crime, pursued you onto your land, or if he does not have a warrant. And some other circumstances I can't remember.
 

EvergreenSVT

New Member
Established Member
Joined
Oct 22, 2004
Messages
975
Location
WA
getdrunk2day said:
a couple months ago i was picking my friend up from school, and on the way home i decided to be a dumbass and pass three cars on the shoulder at like 80 mph... No officer was to be seen, but 15 minutes later i hear a knock at my door. An officer who i had never seen before that claimed to be from the school said that my tags were reported by the people i had passed for what i had done. To make this story short, i was charged with almost $700 in fines and i think 6 points. He even charged me with not wearing a seatbelt, along with reckless endangerment and passing a vehicle while not driving on the road. I have already been to court for this but no witnesses showed up, and the officer told the judge to reschedule it. What can i do about this? And by the way, he told me that because I was coming from a school activity he can charge me with whatever he wanted without seeing it. I want to know if this is a load of crap or what. Thanks in advance.

Call a lawyer and get a free consultation. Your case probably should have been dismissed when no witnesses showed up. If they were subpoened they should be in jail for failing to appear.

How would your having been at school have a damn thing to do with this?
 

mswaim

Dark Side Poster
Established Member
Joined
Dec 4, 2000
Messages
3,026
Location
Central Valley, CA
EvergreenSVT said:
Civilly responsible yes, but can you be held criminally responsible if it cannot be proven that you were driving?

Next time, don't answer the door. Or order the cop to leave, which he must do if he has not witnessed a crime, pursued you onto your land, or if he does not have a warrant. And some other circumstances I can't remember.

Yea, order the cop off your property.........don't even try and be civil. That way he can park down the street and wait until you leave with your family in the car so he can now control the surroundings.

Just accept the citation and take it to court, that's where these things are won or lost. Ordering people off your property makes you King for a moment, and a fool for a much longer period of time.
 

EvergreenSVT

New Member
Established Member
Joined
Oct 22, 2004
Messages
975
Location
WA
mswaim said:
Yea, order the cop off your property.........don't even try and be civil. That way he can park down the street and wait until you leave with your family in the car so he can now control the surroundings.

Just accept the citation and take it to court, that's where these things are won or lost. Ordering people off your property makes you King for a moment, and a fool for a much longer period of time.

Relax, by order I meant to make the distinction between allowing him to hang out and question you and having him leave. Like I've said before, sometimes I'm tired and use the wrong words. I meant order in a legal sense, not that he should be rude.

Is "Reckless Endangerment" a misdemeanor? IIRC in most states an officer cannot arrest/cite for a misdemeanor they have not witnessed, unless another officer witnessed it or they have a warrant. Makes me wonder if the poster ratted on himself.
 
Status
Not open for further replies.

Users who are viewing this thread



Top