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Cop pulled me over for careless driving..

Discussion in 'Fred's House of Pancakes' started by traviswaye, Jul 1, 2013.

  1. bwilson4web

    bwilson4web BMW i3 and Model 3

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    Dashcam with GPS and the problem is solved.

    Bob Wilson
     
  2. icarus

    icarus Senior Member

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    Print the details of how a Prius "can't " spin the tires on dry pavement, hand it to the judge and hope for the best!

    Icarus
     
  3. traviswaye

    traviswaye Junior Member

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    She asked me why I was driving like that, I asked like what, she said squealing your tires back there, I told her what car it was and she said it wasn't there. Also I got a ticket for my tints at the same time. Then she pointed at my rain guards and said that I already have the 4 inches or whatever of tints, I didn't get how that even affected what my tints are at all, even though I know she ticketed me for my real window tints I have no Idea why she was pointing at my weather guards.
     
  4. Mike500

    Mike500 Senior Member

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    Plead NOT GUILTY and request a jury trial. You are Constitutionally entitled to a jury trial for any amount of $20 or more. If found guilty, you cannot be made to pay more than the original fine.

    You are in the unique situation of being able to represent yourself. You can cross examine the officer, but you are Constitutionally entitled NOT to testify under the Fifth Amendment

    Prior to the trial date, file a "pretrial motion" for discovery of the officer's full report, her training record, and her "adverse action" file that might reflect that she as a record of writing frivolous summons. Enter into the record, the information that we have discussed in this thread.

    Send a certified letter to the prosecutor requesting a "pretrial" conference to discuss the case, so as to "stipulate" the record in agreement and the record of issues "in contest."

    I did this once on a $600 speeding ticket in a speed trap as an out of state driver.

    When I appeared in court, the prosecutor conveniently lost the case, and the officer failed to appear. The propecutor dismissed the case. That was 2004.
     
  5. JMD

    JMD 2012 Prius 4 Solar Roof

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    I do't believe you can screech the wheels of a Prius. Just not enough power.
     
  6. El Dobro

    El Dobro A Member

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    "Your Honor, my car is a Prius(show picture of car), I rest my case".
     
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  7. Jamesb93612

    Jamesb93612 Member

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    Not true! Back in 2001, I got the same ticket for spinning and squealing my tires from a stop light. I was issued a reckless driving infraction. Btw this was in California.


    iPad ? HD
     
  8. Chuck.

    Chuck. Former Honda Enzyte Driver

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    My tires are too new and my speed too slow for squealing, however I got pulled over recently.

    Late in the dead of night (3 am), I made a turn crossing several lanes. It's great to avoid putting on the brakes and saving fuel, but the patrolman was wondering if I had a drink. I'll just draw less attention next time...
     
  9. The Electric Me

    The Electric Me Go Speed Go!

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    How much is the fine?
    Has the OP ever said how much the fine for reckless driving was going to be?
     
  10. Chuck.

    Chuck. Former Honda Enzyte Driver

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    No ticket
     
  11. traviswaye

    traviswaye Junior Member

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    $200 + 3 Points - Careless
    $120 / Wave-able - Tints
     
  12. hubmacfan

    hubmacfan Junior Member

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    Not true.

    Also, at least in my jurisdiction, if you lose you can be charged with the expense of seating a jury.
     
  13. bedrock8x

    bedrock8x Senior Member

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    Reckless driving is a more serious charge and more points than show of speed and careless driving.
    Likely you are not only spining but also racing.
     
  14. The Electric Me

    The Electric Me Go Speed Go!

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    For that amount of money, I'm sticking by my original advice. Just pay the fine.

    In the courtroom the judge is a god. IMO, hiring expert witnesses and showing up with a Lawyer is about as likely to win you the case, as it is to simply upset the judge who will immediately rule against you.

    Since it doesn't cost you anything but time and effort, I might try an earnest presentation of your perceived reality along with maybe some facts about a Prius but for a less than $350 dollar fine? Anything more is a waste.
     
  15. bedrock8x

    bedrock8x Senior Member

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    I agree. The only chance to go to court is just hope the cop would not show up and then the judge would dismiss the case. The judge always trust the cop for circumstantial evidence. There are only a few cases that the dependent won is when the dependent has scientific evidence that the cop is unable to clock the speed or the radar gun is out of calibration.

     
  16. The Electric Me

    The Electric Me Go Speed Go!

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    Since I believe it all hinges on The Judge and the mood of the judge and since I think the OP wants to fight this, I don't think much is lost by trying a simple self generated defense. I don't see much value in escalating it above that level. Certainly not to the level of discussing "appeals".

    Seriously I got a speeding ticket in my Prius about a month ago. And I think you go through stages of acceptance. Shock, Outrage, Denial, The feeling you want to fight back....

    But that all passes....and once the check clears....you start to realize that the infraction was really nothing more than a bad day.

    It may be entirely unfair..but life is often unfair. You really have to balance cost with reward here.
     
  17. traviswaye

    traviswaye Junior Member

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    I was just hoping to get the points off.
     
  18. The Electric Me

    The Electric Me Go Speed Go!

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    Like I said, I think I'd give a self generated defense a try. It's not hopeless.

    Then even if it is unfair, how would you feel about taking a defensive driving class? Sometimes penalties can be removed if a person agrees to some post infraction "learnin"?

    I didn't think my speeding ticket was fair. And now I'm driving with that blemish on my record.

    Oh well, I'm driving a Prius....a car that urges you to drive like the stitches to a recent bowel surgery are still healing. What are the chances I get another speeding ticket his year?
     
  19. hubmacfan

    hubmacfan Junior Member

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    If that's what's really important to you, call the court clerk. Ask if there is a way to go to traffic school to avoid the points. You'll still have to pay the court costs and the fine, but you'll avoid the points.
     
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  20. dorunron

    dorunron Senior Member

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    Yup, this would be the best avenue for Travis at this point. Most court's will allow you to take a defensive driving course. Most of the time permission must be granted before the defensive driving course can be taken. They can be taken online and are simple to pass if you take your time and pay attention to the material being presented. Like I said earlier, no matter what direction is taken from here there is no doubt that it will cost you money and time. If Travis is sincerely interested in getting the charges and points removed from his record, then it would be of his best interest to pursue this avenue. There is no guarantee once you get to court as it all depends on the judge. As pointed out earlier, the judge will tend to side with the law (listen to the officer, not the defendant). However, if the court allows the defensive driving course in the end the only loss will be money and time. There will be no marks or records of the infraction once the course is passed and the certificate of completion of the course is presented to the county clerk.

    Ron