had a horrible night last night in the Z with the cops
03-25-2005, 08:44 AM
#62
alright well I emailed a lawyer and wrote - kinda a rehash of my first post
officer pulled me over for speeding at what he claims was 93mph. I was in left hand lane in a cluster of traffic. It was on the I-10 highway and traffic was moving around 80mph. It was 8pm at night.
The traffic was making me claustrophobic because cars were tailgating me, almost changing lanes into me and one guy even threw a lit cigarette butt out his window at my car. When I finally had an opening to pass and get into the open area up ahead, I did.
2 cops pulled me over. The main one who pulled me over claimed to flash his "lights" at me as a warning. I'm not sure if he meant headlights or police lights. He also said he made a siren sound. I did not hear it and did not have my radio on.
The officer said I was criminal speeding and "what the hell was I doing" When asked why I sped up, I said I didn't know, I just did. He said he was following me and that I for sure knew he was there because he "warned me" I said I did not know he was there.
He handcuffed me and said I will be going to jail that night and my car would be impounded. He searched me for weapons, then searched my car for weapons and drugs - none of which he found.
I'm 25 years old. I drive a sports car. I did not know how fast I was going because I was looking at the road. I know I was in 5th gear though which is not really much of an accelleration gear. I sped up for about 2-3 sec to get to the open area because I think clusters of traffic going 80mph is unsafe. I was going to slow back down to the flow of traffic when I had a little distance between me and the other cars.
The officer marked down "other" as his method of judging my speed.
In the eyes of the law, I suppose I was technically speeding because the posted speed limit is 65mph. If everyone is going 80mph, how can someone pass another vehicle and not be pulled over for "criminal speeding"
I believe the officer used excessive force. The only thing I've ever had on my record was a speeding ticket from 7 months ago. I've had no prior criminal convictions. I'm a professional that works at a hospital. When the officer searched my car I'm sure he noticed my packet of taxes which were recently prepared. He did not even seem to thorougly search my car. He did not open the rear hatch to search the trunk area.
I was cooperative, calm, and agreeable.
The officer claimed it looked like I was trying to speed away from him in a hot pursuit chase because he was following me. At night I can't tell if there's a cop car behind me. I'm not sure about this, but if he did in fact flash some sort of light at me, I think he was too close to my car for me to notice - especially since my sports car is low to the ground, has a narrow rear window, and has a slight blind spot on the rear quarter panel area.
He did read me my rights and arrest me.
At the end, he decided not to take me to jail or impound my car, but wrote me up for criminal speeding because "anything over 20mph over the speedlimit is criminal speeding"
The officer was very serious and I believe he made the assumption I was running from him, I had known he was following me, I had weapons or drugs on me, or that I was driving a stollen car. I think it's possible he intentially singled me out because of the car I drive - a nissan 350Z
My gut feeling tells me the officer was disapointed he was wrong about me and that I was just speeding. Towards the end the other officer asked how old I was and if I was married. When I said I was 25, the main officer made a small smirk.
I used to pay $40 to some police charity thing for their retirement
thanks
officer pulled me over for speeding at what he claims was 93mph. I was in left hand lane in a cluster of traffic. It was on the I-10 highway and traffic was moving around 80mph. It was 8pm at night.
The traffic was making me claustrophobic because cars were tailgating me, almost changing lanes into me and one guy even threw a lit cigarette butt out his window at my car. When I finally had an opening to pass and get into the open area up ahead, I did.
2 cops pulled me over. The main one who pulled me over claimed to flash his "lights" at me as a warning. I'm not sure if he meant headlights or police lights. He also said he made a siren sound. I did not hear it and did not have my radio on.
The officer said I was criminal speeding and "what the hell was I doing" When asked why I sped up, I said I didn't know, I just did. He said he was following me and that I for sure knew he was there because he "warned me" I said I did not know he was there.
He handcuffed me and said I will be going to jail that night and my car would be impounded. He searched me for weapons, then searched my car for weapons and drugs - none of which he found.
I'm 25 years old. I drive a sports car. I did not know how fast I was going because I was looking at the road. I know I was in 5th gear though which is not really much of an accelleration gear. I sped up for about 2-3 sec to get to the open area because I think clusters of traffic going 80mph is unsafe. I was going to slow back down to the flow of traffic when I had a little distance between me and the other cars.
The officer marked down "other" as his method of judging my speed.
In the eyes of the law, I suppose I was technically speeding because the posted speed limit is 65mph. If everyone is going 80mph, how can someone pass another vehicle and not be pulled over for "criminal speeding"
I believe the officer used excessive force. The only thing I've ever had on my record was a speeding ticket from 7 months ago. I've had no prior criminal convictions. I'm a professional that works at a hospital. When the officer searched my car I'm sure he noticed my packet of taxes which were recently prepared. He did not even seem to thorougly search my car. He did not open the rear hatch to search the trunk area.
I was cooperative, calm, and agreeable.
The officer claimed it looked like I was trying to speed away from him in a hot pursuit chase because he was following me. At night I can't tell if there's a cop car behind me. I'm not sure about this, but if he did in fact flash some sort of light at me, I think he was too close to my car for me to notice - especially since my sports car is low to the ground, has a narrow rear window, and has a slight blind spot on the rear quarter panel area.
He did read me my rights and arrest me.
At the end, he decided not to take me to jail or impound my car, but wrote me up for criminal speeding because "anything over 20mph over the speedlimit is criminal speeding"
The officer was very serious and I believe he made the assumption I was running from him, I had known he was following me, I had weapons or drugs on me, or that I was driving a stollen car. I think it's possible he intentially singled me out because of the car I drive - a nissan 350Z
My gut feeling tells me the officer was disapointed he was wrong about me and that I was just speeding. Towards the end the other officer asked how old I was and if I was married. When I said I was 25, the main officer made a small smirk.
I used to pay $40 to some police charity thing for their retirement
thanks
Last edited by sentry65; 03-25-2005 at 08:52 AM.
03-25-2005, 09:25 AM
#63
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Hey man, good luck, I think you will find the attorney easier to deal with than you first imagined.
They probably wont go into any of the "harrassment" type stuff. Most likely they will just try to get you some sort of Defensive Driving and probation with a fine. Remember, the cop may have been a *****, but really all the court wants is your money!
They probably wont go into any of the "harrassment" type stuff. Most likely they will just try to get you some sort of Defensive Driving and probation with a fine. Remember, the cop may have been a *****, but really all the court wants is your money!
03-25-2005, 10:48 AM
#64
k just talked with a lawyer and he's saying it's really going to depend on how new/experience and aggressive the prosecution is, but best case scenerio is they get my ticket reduced to civil speeding.
His standard fee is $900
He said they'd have the officer define "other" as his method of determining my speed and then try to find ways to prove how accurate his method is. Based on that, they'll try to get the court to lower the speed.
it really didn't sound like a foolproof thing - still a lot of variables and risks involved
His standard fee is $900
He said they'd have the officer define "other" as his method of determining my speed and then try to find ways to prove how accurate his method is. Based on that, they'll try to get the court to lower the speed.
it really didn't sound like a foolproof thing - still a lot of variables and risks involved
03-25-2005, 11:00 AM
#65
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Originally Posted by sentry65
k just talked with a lawyer and he's saying it's really going to depend on how new/experience and aggressive the prosecution is, but best case scenerio is they get my ticket reduced to civil speeding.
His standard fee is $900
He said they'd have the officer define "other" as his method of determining my speed and then try to find ways to prove how accurate his method is. Based on that, they'll try to get the court to lower the speed.
it really didn't sound like a foolproof thing - still a lot of variables and risks involved
His standard fee is $900
He said they'd have the officer define "other" as his method of determining my speed and then try to find ways to prove how accurate his method is. Based on that, they'll try to get the court to lower the speed.
it really didn't sound like a foolproof thing - still a lot of variables and risks involved
It is never a sure thing and they will never commit to it otherwise, but 900 sounds way too steep, unless AZ is much different than FL, around here we pay around 75-85 bucks for a ticket defense and sometimes get it thrown out becuase the cop doesn't show up or they at least get it "no contest" and just court costs which end up around what the fine would be but no points.
Did you look for a lawyer on the link I provided above? For this kind of thing you need a ticket lawyer that that is all he does, they know the system and the players and can get things done.
03-25-2005, 11:03 AM
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Look into it, I had my horrible night as well, pulled over with 3 tickets, careless driving, improper lane change and speeding 75 in a 45, the cop was an a$$, after 5 months it finally went to court and the cop was a no show, but during the stop he threatened me with taking me in, recommending to the judge that they suspend my license...... These guys are usually on a power trip and really make it sound worse than it is.
03-25-2005, 11:37 AM
#69
oh yay, that guy charges $1500
k just talked with him, and he suggests that I go at it alone and just talk with the prosecutor and try to work something out. If they try to give me some treatment that isn't fair, to call him back up.
k just talked with him, and he suggests that I go at it alone and just talk with the prosecutor and try to work something out. If they try to give me some treatment that isn't fair, to call him back up.
Last edited by sentry65; 03-25-2005 at 11:47 AM.
03-25-2005, 01:12 PM
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Originally Posted by sentry65
oh yay, that guy charges $1500
k just talked with him, and he suggests that I go at it alone and just talk with the prosecutor and try to work something out. If they try to give me some treatment that isn't fair, to call him back up.
k just talked with him, and he suggests that I go at it alone and just talk with the prosecutor and try to work something out. If they try to give me some treatment that isn't fair, to call him back up.
03-25-2005, 02:24 PM
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If the cop was tailgating you without his lights or sirens on then I believe that is also an infraction. He should also recieve a ticket for reckless driving.
I see cops pull all sorts of BS in traffic. Once I was turning left on a 2 lane road and had to wait for a car to go by. The cop behind me decided he didn't want to wait so he went around me on the right in grass and almost hit a car turning left. I took his car number down and went to the courthouse. Get this, they sent a letter saying that he had been let go due to numerous complaints against him and his driving.
I see cops pull all sorts of BS in traffic. Once I was turning left on a 2 lane road and had to wait for a car to go by. The cop behind me decided he didn't want to wait so he went around me on the right in grass and almost hit a car turning left. I took his car number down and went to the courthouse. Get this, they sent a letter saying that he had been let go due to numerous complaints against him and his driving.
03-25-2005, 02:48 PM
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Originally Posted by sentry65
oh yay, that guy charges $1500
k just talked with him, and he suggests that I go at it alone and just talk with the prosecutor and try to work something out. If they try to give me some treatment that isn't fair, to call him back up.
k just talked with him, and he suggests that I go at it alone and just talk with the prosecutor and try to work something out. If they try to give me some treatment that isn't fair, to call him back up.
You might want to wait a week or so, we usually have 30 days here in FL to make a decision, and within a week or so you get a ton of mailings from traffic lawyers offering their services.
03-25-2005, 03:12 PM
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My friend got busted for speeding and racing in Houston and hired a lawyer. The lawyer charged like $300 and the cop didn't show up to court so his case was dropped. On the way out the door he saw the cop that pulled him over standing outside the court house but somehow didn't make it to the court room on time. Not sure what went down with that but sounds pretty shaddy to me. Even though if I ever get a ticket again I am going to get a lawyer and see if that kind of magic can happen here in North Texas.
03-25-2005, 03:19 PM
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Originally Posted by sentry65
yeah i have until the 26th
i don't get how a all out lawyer can charge 75-85 to work on your case - it's probably about 3-5 hours of his time so that's like $17-25 an hour for him?
i don't get how a all out lawyer can charge 75-85 to work on your case - it's probably about 3-5 hours of his time so that's like $17-25 an hour for him?
03-25-2005, 03:27 PM
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Originally Posted by sentry65
yeah i have until the 26th
i don't get how a all out lawyer can charge 75-85 to work on your case - it's probably about 3-5 hours of his time so that's like $17-25 an hour for him?
i don't get how a all out lawyer can charge 75-85 to work on your case - it's probably about 3-5 hours of his time so that's like $17-25 an hour for him?
Besides it is pretty simple, there is a traffic law, you are accussed of braking it and there are probably a couple of ways to argue it, it is not a murder case with tons of circumstancial evidence, it pretty basic and it usually entails prolonging the process to increase the chances of the cop not showing up.
So simply put you are not hiring a lawyer to defend your case just to handle your ticket so if they spend an hour on yours is a lot so they are getting 75-85 bucks an hour at least, probably more if he manages his cases right and disposes of them in short visits.
