Need A Traffic Attorney for ticket I got
#31
02-06-2009, 07:01 PM
Registered User
+1BILLION... AND I have a degree in criminal justice, a graduate of the federal police academy, and was in law enforcement for 5 years...
We have "rights"... Some here and elsewhere have fought and protected them for us. Some have given their lives for our freedom to "fight" tickets.
Several things I can tell you NOT to do, when pulled over...
IF an officer EVER asks you if they may search your vehicle, politley decline without a warrant. If you have nothing to hide, DO NOT give up your rights. Everytime some cop asks to "search your vehicle" for their own safety, they are looking for something to hang you with. Every cop I know and have ever dealt with has the mentality that "You are guilty and I just need to find the evidence".
If a cop pulls you over and asks how fast you were going, Politely decline to answer for fear of incrimination.
If an officer wants to "chat" with you, they are FISHING. The more compliant and "helpful" you are, the more information they are getting to use against you. SHUT UP and receive the citation or be let go. But SHUT UP.
Many times, I've had officers want to lecture me on the side of the road. I have stopped them mid-sentance and asked them to do one of three things:
Write me a ticket
OR
arrest me
OR
let me go.
It's that simply. I'm a grown man, with many years driving under my belt, and I have zero patience for stupidity on the side of the road. See you in court.
I've received 14 reckless driving citations over the 26 years I've been driving and have NEVER been convicted of ANY of them.
Mike
We have "rights"... Some here and elsewhere have fought and protected them for us. Some have given their lives for our freedom to "fight" tickets.
Several things I can tell you NOT to do, when pulled over...
IF an officer EVER asks you if they may search your vehicle, politley decline without a warrant. If you have nothing to hide, DO NOT give up your rights. Everytime some cop asks to "search your vehicle" for their own safety, they are looking for something to hang you with. Every cop I know and have ever dealt with has the mentality that "You are guilty and I just need to find the evidence".
If a cop pulls you over and asks how fast you were going, Politely decline to answer for fear of incrimination.
If an officer wants to "chat" with you, they are FISHING. The more compliant and "helpful" you are, the more information they are getting to use against you. SHUT UP and receive the citation or be let go. But SHUT UP.
Many times, I've had officers want to lecture me on the side of the road. I have stopped them mid-sentance and asked them to do one of three things:
Write me a ticket
OR
arrest me
OR
let me go.
It's that simply. I'm a grown man, with many years driving under my belt, and I have zero patience for stupidity on the side of the road. See you in court.
I've received 14 reckless driving citations over the 26 years I've been driving and have NEVER been convicted of ANY of them.
Mike
Last edited by Mikelly; 02-06-2009 at 07:08 PM.
#32
02-06-2009, 07:38 PM
I've received 14 reckless driving citations over the 26 years I've been driving and have NEVER been convicted of ANY of them.
ok..that's cool..but just for grins..how many times did they arrest you?
ok..that's cool..but just for grins..how many times did they arrest you?
#33
02-06-2009, 07:40 PM
Registered User
It was in 1984... About 10 days before I was going to turn 18... got popped doing 110 in a 40... Let's just say I have a "colorful" past... My dad still doesn't let me live that one down...
Mike
#35
02-06-2009, 08:32 PM
Registered User
Oh, and once in 2004 I was put in handcuffs for "speeding" on my motorcycle. They let me go after they confirmed that none of the officers involved in the pursuit (covering 3 counties) could positively ID me, and did not get me on camera. They were apparently "chasing" me. I was "riding" and never saw them until I popped around a corner at the Spotsylvania County line and saw 3 cops sitting at a church parking lot. I pulled over as soon as I saw the ligth bars go hot! I had no clue, and all they had was "calls from residents" who claimed they saw a guy in black leathers on a green sportbike "flying"...
Mike
Last edited by Mikelly; 02-06-2009 at 08:37 PM.
#36
02-06-2009, 10:32 PM
Join Date: Aug 2005
Location: Monterey County
Posts: 623
Rep Power: 54 
$150. Cheap, I think. I was away from home when I got the ticket and it would've been a hassle to fight it personally. Also, when they take your money, the girl asked if I wanted traffic school to erase the points if I was convicted as she said they can get it for me even if I had been already w/in the last 18 months.
Last edited by dtmarsh; 02-06-2009 at 10:34 PM. Reason: addition
#37
02-06-2009, 10:57 PM
Join Date: Aug 2005
Location: Monterey County
Posts: 623
Rep Power: 54
Hey guys, thanks for the responses. Now that you got my blood flowing, I'll tell you that I recently also fought a failure to stop at a stop sign ticket. CHP got me. Bail was $143 and I almost just paid it, but after thinking about it I decided to go to mat on this one, have fun with it and learn all I could.
I first wrote a declaration supporting my innocense, as is my right in CA, and sent it to court by registered mail. I lost, which I expected. But writing a declaration in CA does NOT mean you cannot also have a trial. They say you have a 50/50 chance of the cop not even showing up. Even so, I got all my evidence together including topigraphical Google maps and pictures I took. I went to court and, after all these months, the cop shows up for my trial. As you may know, at traffic court you get to question the officer. I did and after he lied on several key factors I submitted my documented facts to the judge proving it. The judge reviewed the documents while the cop and I were still on the stand and then looked at the cop and said he'd heard enough and would "take the case for review", which the court secretray said is code for "I don't want to embarass the cop any further especially since other officers are watching from the back of the court room."
2 days later I got the letter saying the ticket was dismissed. And I just realized as I'm writing this, those bastards never refunded my bail!!!
I first wrote a declaration supporting my innocense, as is my right in CA, and sent it to court by registered mail. I lost, which I expected. But writing a declaration in CA does NOT mean you cannot also have a trial. They say you have a 50/50 chance of the cop not even showing up. Even so, I got all my evidence together including topigraphical Google maps and pictures I took. I went to court and, after all these months, the cop shows up for my trial. As you may know, at traffic court you get to question the officer. I did and after he lied on several key factors I submitted my documented facts to the judge proving it. The judge reviewed the documents while the cop and I were still on the stand and then looked at the cop and said he'd heard enough and would "take the case for review", which the court secretray said is code for "I don't want to embarass the cop any further especially since other officers are watching from the back of the court room."
2 days later I got the letter saying the ticket was dismissed. And I just realized as I'm writing this, those bastards never refunded my bail!!!
#39
02-07-2009, 01:49 PM
Kudos to you dtmarsh...
You did well! Congratulations on getting your tickets dismissed.
A few years back I was cited for reckless driving, with the cop saying that he paced me going in excess of 100 mph - no video, no radar, just pacing me. I disagreed, since once I realized I was going pretty fast (when at the fastest on this occasion), I looked at my speedometer and it read 84 mph. Of course, he still probably still could have given me a reckless at that speed, though I think it would have been unlikely for 24 mph over the speed limit.
Like your case, they delayed mine, with the whole thing being wrapped up after 18 months - I pled guilty, on the advice of my lawyer, to a reduced charge of negligent driving 2nd class. I think you're right that they delay things deliberately although I suppose they may just be overloaded. However, it was ironic that during my court appearance, they made it a point of asking people in the courtroom to verbally confirm their understanding of their rights when they spoke to the judge - one specifically mentioned over and over was the right to a speedy trial... Also, during court they read out the particulars of each person's case when they appear before the judge, and a number of people were in court for cases that occurred well after mine.
In retrospect, I feel now that I should have opted to go for a trial on the reckless charge. But, c'est la vie...
Congratulations again.
A few years back I was cited for reckless driving, with the cop saying that he paced me going in excess of 100 mph - no video, no radar, just pacing me. I disagreed, since once I realized I was going pretty fast (when at the fastest on this occasion), I looked at my speedometer and it read 84 mph. Of course, he still probably still could have given me a reckless at that speed, though I think it would have been unlikely for 24 mph over the speed limit.
Like your case, they delayed mine, with the whole thing being wrapped up after 18 months - I pled guilty, on the advice of my lawyer, to a reduced charge of negligent driving 2nd class. I think you're right that they delay things deliberately although I suppose they may just be overloaded. However, it was ironic that during my court appearance, they made it a point of asking people in the courtroom to verbally confirm their understanding of their rights when they spoke to the judge - one specifically mentioned over and over was the right to a speedy trial... Also, during court they read out the particulars of each person's case when they appear before the judge, and a number of people were in court for cases that occurred well after mine.
In retrospect, I feel now that I should have opted to go for a trial on the reckless charge. But, c'est la vie...
Congratulations again.
#40
02-07-2009, 02:51 PM
Registered User
In Virginia, Reckless is a VERY big deal... That's why I will not go down without a fight.
Couple years back I got popped for letting the rear of my vette step out making a corner at an intersection... I rolled deep into second before I reeled it in, and the cop just happened to pull onto the street and witness it from about 1/4 mile back as I was making the corner.
I went to court that April (it was in January when I got the ticket) and plead not guilty to reckless driving. The judge asked me what I would call it, and I said I was never out of control of the car. Improper? Sure. Reckless? I then explained that the code defenition for reckless was extremely broad and should be narrowed in scope. The judge agreed and I was fined for improper driving instead (3 point minor conviction vs. the more significant 6 points and suspended license of the reckless charge). Outside in the lobby the cop, a local deputy for the Spotsylvania County Sherrif's department told me to always check my mirrors because he'd be back there... I told him that he'd get further chasing real criminals!
Mike
Couple years back I got popped for letting the rear of my vette step out making a corner at an intersection... I rolled deep into second before I reeled it in, and the cop just happened to pull onto the street and witness it from about 1/4 mile back as I was making the corner.
I went to court that April (it was in January when I got the ticket) and plead not guilty to reckless driving. The judge asked me what I would call it, and I said I was never out of control of the car. Improper? Sure. Reckless? I then explained that the code defenition for reckless was extremely broad and should be narrowed in scope. The judge agreed and I was fined for improper driving instead (3 point minor conviction vs. the more significant 6 points and suspended license of the reckless charge). Outside in the lobby the cop, a local deputy for the Spotsylvania County Sherrif's department told me to always check my mirrors because he'd be back there... I told him that he'd get further chasing real criminals!
Mike
#41
02-07-2009, 03:24 PM
I agree, Reckless is a big deal and you should fight...
...if only just to get the full details out during the proceedings, even if it doesn't go to trial.
In Washington (and probably in most states though I'm not completely sure about it), Reckless Driving is a criminal offense (a misdemeanor) and not a traffic offense. Hence, the penalties for it are much more severe - possible license suspension, up to 1 year in jail, up to $5,000 fine, plus (mandatory) three years of high risk insurance coverage. However, because it is a criminal proceeding, at a trial they need to prove beyond a reasonable doubt that you committed the offense.
The Negligent Driving 2nd Class that I pled guilty to was, according to my lawyer and another one I spoke with, a good deal in that it knocked things back to the level of a traffic offense. I paid a $250 fine and was required to take an online defensive driving class ($50), in addition to the $2,000 fee for my lawyer.
Hence, I agree that one should always fight a Reckless ticket. The cost may be high (and for me was), but it typically will be higher if you are convicted of it (or plead guilty).
Good job on your case with your Corvette Mikelly. That's definitely good to hear about. I guess the cops can be sore losers. I assume you've not bumped into him again since. The one that pulled me over was not too bad, but I had the impression, based on the weakness of some points he made to me, that there was more to his attitude than just busting a lawbreaker. I got pulled over on January 1, 2006, on a Sunday afternoon when the Seattle Seahawks were playing their last game of their season (they lost 23-17 to Green Bay). It was the most successful year in their history - they finished 13-3 and went all the way to the Super Bowl. Perhaps the cop, being a Seahawks fan, was pissed off having to work on a Sunday when he could have been home watching football. Conjecture on my part, but who knows?
In Washington (and probably in most states though I'm not completely sure about it), Reckless Driving is a criminal offense (a misdemeanor) and not a traffic offense. Hence, the penalties for it are much more severe - possible license suspension, up to 1 year in jail, up to $5,000 fine, plus (mandatory) three years of high risk insurance coverage. However, because it is a criminal proceeding, at a trial they need to prove beyond a reasonable doubt that you committed the offense.
The Negligent Driving 2nd Class that I pled guilty to was, according to my lawyer and another one I spoke with, a good deal in that it knocked things back to the level of a traffic offense. I paid a $250 fine and was required to take an online defensive driving class ($50), in addition to the $2,000 fee for my lawyer.
Hence, I agree that one should always fight a Reckless ticket. The cost may be high (and for me was), but it typically will be higher if you are convicted of it (or plead guilty).
Good job on your case with your Corvette Mikelly. That's definitely good to hear about. I guess the cops can be sore losers.
I assume you've not bumped into him again since. The one that pulled me over was not too bad, but I had the impression, based on the weakness of some points he made to me, that there was more to his attitude than just busting a lawbreaker. I got pulled over on January 1, 2006, on a Sunday afternoon when the Seattle Seahawks were playing their last game of their season (they lost 23-17 to Green Bay). It was the most successful year in their history - they finished 13-3 and went all the way to the Super Bowl. Perhaps the cop, being a Seahawks fan, was pissed off having to work on a Sunday when he could have been home watching football. Conjecture on my part, but who knows?
#43
02-07-2009, 04:55 PM
I am fighting a 83mph in a 55mph, I had the first court date adjourned, and waiting for the next one. My radar picked him up well in advance and had the car at 55mph, he drove up behind me at 100mph+, broke hard, and pulled me over. His measurement was pacing. So, I am ready with a whole list of questions for the judge. First would be, why didn't you use your radar?
#44
02-07-2009, 06:45 PM
Hey guys, thanks for the responses. Now that you got my blood flowing, I'll tell you that I recently also fought a failure to stop at a stop sign ticket. CHP got me. Bail was $143 and I almost just paid it, but after thinking about it I decided to go to mat on this one, have fun with it and learn all I could.
I first wrote a declaration supporting my innocense, as is my right in CA, and sent it to court by registered mail. I lost, which I expected. But writing a declaration in CA does NOT mean you cannot also have a trial. They say you have a 50/50 chance of the cop not even showing up. Even so, I got all my evidence together including topigraphical Google maps and pictures I took. I went to court and, after all these months, the cop shows up for my trial. As you may know, at traffic court you get to question the officer. I did and after he lied on several key factors I submitted my documented facts to the judge proving it. The judge reviewed the documents while the cop and I were still on the stand and then looked at the cop and said he'd heard enough and would "take the case for review", which the court secretray said is code for "I don't want to embarass the cop any further especially since other officers are watching from the back of the court room."
2 days later I got the letter saying the ticket was dismissed. And I just realized as I'm writing this, those bastards never refunded my bail!!!
I first wrote a declaration supporting my innocense, as is my right in CA, and sent it to court by registered mail. I lost, which I expected. But writing a declaration in CA does NOT mean you cannot also have a trial. They say you have a 50/50 chance of the cop not even showing up. Even so, I got all my evidence together including topigraphical Google maps and pictures I took. I went to court and, after all these months, the cop shows up for my trial. As you may know, at traffic court you get to question the officer. I did and after he lied on several key factors I submitted my documented facts to the judge proving it. The judge reviewed the documents while the cop and I were still on the stand and then looked at the cop and said he'd heard enough and would "take the case for review", which the court secretray said is code for "I don't want to embarass the cop any further especially since other officers are watching from the back of the court room."
2 days later I got the letter saying the ticket was dismissed. And I just realized as I'm writing this, those bastards never refunded my bail!!!
#45
02-07-2009, 07:25 PM
Join Date: Aug 2005
Location: Monterey County
Posts: 623
Rep Power: 54 In Virginia, Reckless is a VERY big deal... That's why I will not go down without a fight.
Couple years back I got popped for letting the rear of my vette step out making a corner at an intersection... I rolled deep into second before I reeled it in, and the cop just happened to pull onto the street and witness it from about 1/4 mile back as I was making the corner.
I went to court that April (it was in January when I got the ticket) and plead not guilty to reckless driving. The judge asked me what I would call it, and I said I was never out of control of the car. Improper? Sure. Reckless? I then explained that the code defenition for reckless was extremely broad and should be narrowed in scope. The judge agreed and I was fined for improper driving instead (3 point minor conviction vs. the more significant 6 points and suspended license of the reckless charge). Outside in the lobby the cop, a local deputy for the Spotsylvania County Sherrif's department told me to always check my mirrors because he'd be back there... I told him that he'd get further chasing real criminals!
Mike
Couple years back I got popped for letting the rear of my vette step out making a corner at an intersection... I rolled deep into second before I reeled it in, and the cop just happened to pull onto the street and witness it from about 1/4 mile back as I was making the corner.
I went to court that April (it was in January when I got the ticket) and plead not guilty to reckless driving. The judge asked me what I would call it, and I said I was never out of control of the car. Improper? Sure. Reckless? I then explained that the code defenition for reckless was extremely broad and should be narrowed in scope. The judge agreed and I was fined for improper driving instead (3 point minor conviction vs. the more significant 6 points and suspended license of the reckless charge). Outside in the lobby the cop, a local deputy for the Spotsylvania County Sherrif's department told me to always check my mirrors because he'd be back there... I told him that he'd get further chasing real criminals!
Mike
It never affected my CA license record.