Reckless Driving Penalty??
07-22-2010, 05:40 PM
#22
Registered User
Thread Starter
iTrader: (7)
Join Date: Mar 2008
Location: New Britain, CT
Posts: 348
Likes: 0
Received 0 Likes
on
0 Posts
I absolutely think the judge is going to care about that! He has to it's his job! You are 100% innocent until proven guilty just like Cerberus said and this is required information to obtain an accurate conviction! You don't get some arbitrary free pass with the court to have all of your claims immediately upheld and backed just because you have a badge, you have to prove these things. And I'm not coming out of left field here, I did not even have to SPEAK at my trial and the judge dismissed my case for exactly those aforementioned reasons you don't think he would care about: I hadn't done it, there was no tire marks whether observed, measured or documented, despite the officers testimony. No proof! I am not sure what state you enforce in, things may be different, and I am not sure how many times you have had to testify against someone you ticketed, but at least in CT when you do you better have your evidence against the defendant documented and proven or they're gonna walk.
I'm 100% with you up until this point, I know in CT they use various methods of speed estimation and they will hold up in court, provided they have an absolutely clear view and from a certain viewpoint. Even simple trig will show you that not only a visual estimation but for radar/lidar equipment as well angles and distance have everything to do with a correct reading. If the officer was too far to one side coupled with a drastic angle, his angle of reference will cause him to estimate a different speed than the actual one traveled because the actual distance to the target vehicle is longer than it would be if he was in a correct position to measure his speed (one that is directly along the line of travel).
I'm not trying to be difficult or argumentative, I just completely disagree with the fact that you don't believe evidence is required. Verbal testimony is nothing without a witness or proof, my testimony could be exactly opposite and that officer's word is no better than mine.
I'm 100% with you up until this point, I know in CT they use various methods of speed estimation and they will hold up in court, provided they have an absolutely clear view and from a certain viewpoint. Even simple trig will show you that not only a visual estimation but for radar/lidar equipment as well angles and distance have everything to do with a correct reading. If the officer was too far to one side coupled with a drastic angle, his angle of reference will cause him to estimate a different speed than the actual one traveled because the actual distance to the target vehicle is longer than it would be if he was in a correct position to measure his speed (one that is directly along the line of travel).
I'm not trying to be difficult or argumentative, I just completely disagree with the fact that you don't believe evidence is required. Verbal testimony is nothing without a witness or proof, my testimony could be exactly opposite and that officer's word is no better than mine.
Larry i drove out to orange with Ralph 2 weeks ago but u werent there, just my luck all the big turnouts happen when i have to work.
07-22-2010, 07:13 PM
#23
Man I haven't been out ONCE yet this year, I refuse until she's in proper shape lol
I hope all this stuff works out for you man, those two will be better sources of info than any of us could be. I'll see you soon I should definitely be out a few times before the end of the season. Keep us posted bro!
I hope all this stuff works out for you man, those two will be better sources of info than any of us could be. I'll see you soon I should definitely be out a few times before the end of the season. Keep us posted bro!
07-22-2010, 07:30 PM
#24
Registered User
iTrader: (9)
Join Date: Jun 2007
Location: CT/MA
Posts: 2,449
Likes: 0
Received 0 Likes
on
0 Posts
Oh and on a side note, Ive been ghost at the weekly meets. Work is hectic and I have had a lot of out of state travel... Ill shoot for next thursday.
07-25-2010, 07:37 AM
#26
Registered User
Thread Starter
iTrader: (7)
Join Date: Mar 2008
Location: New Britain, CT
Posts: 348
Likes: 0
Received 0 Likes
on
0 Posts
didnt get a chance to speak with the judge but the ex cop told me to first get a copy of the police report to see exactly what i'm up against, I'll be taking care of that tomorrow. He also said the cop knows its hard to prove reckless driving without a clocked speed so he might show up on the court date to explain to the prosecutor why he felt my driving was reckless. Last he said get a lawyer if you have any previous speeding tickets, which i do, because its hard to disprove a cops word if you have priors with a similar offense. He set me up with his personal lawyer, i'll b speaking with him tomorrow...If he's not too pricey i'm going to hire him.
07-28-2010, 03:15 PM
#29
Registered User
Thread Starter
iTrader: (7)
Join Date: Mar 2008
Location: New Britain, CT
Posts: 348
Likes: 0
Received 0 Likes
on
0 Posts
Posting from my blkberry at work so I'll make this brief:
The police report was complete bullsh*t. In all honesty it was 80% false. He described my exhaust as "sound of loud chainsaw from a long distance" but yet he was "right" behind me bc he witnessed a high rate of speed. Said i cut off a car when I ran stop sign at a high rate of speed but yet there was no one on the road and I applied the brake an down shifted into first. He also said I continued to drive when he flagged me down to stop but yet he pulled me over in my driveway...which he failed to put in his report. And that's only half of it.
Met with the lawyer today and he seems to be very confident that he can drop RD an loud muffler if I plead guilty to the stop sign. I printed a google map image of the entire block and the cops story doesn't make ANY sense.
I also have my wife as a witness to all this if need be.I never exceeded 4000rpm in 3rd gear but was at a high rate of speed??? I did not see cop flash lights untill I hit the indicator to pull into my driveway but I continued to drive away from cop??
I'll post more later...gotta go work to pay this lawyer lol.
The police report was complete bullsh*t. In all honesty it was 80% false. He described my exhaust as "sound of loud chainsaw from a long distance" but yet he was "right" behind me bc he witnessed a high rate of speed. Said i cut off a car when I ran stop sign at a high rate of speed but yet there was no one on the road and I applied the brake an down shifted into first. He also said I continued to drive when he flagged me down to stop but yet he pulled me over in my driveway...which he failed to put in his report. And that's only half of it.
Met with the lawyer today and he seems to be very confident that he can drop RD an loud muffler if I plead guilty to the stop sign. I printed a google map image of the entire block and the cops story doesn't make ANY sense.
I also have my wife as a witness to all this if need be.I never exceeded 4000rpm in 3rd gear but was at a high rate of speed??? I did not see cop flash lights untill I hit the indicator to pull into my driveway but I continued to drive away from cop??
I'll post more later...gotta go work to pay this lawyer lol.
07-28-2010, 03:20 PM
#30
Registered User
Thread Starter
iTrader: (7)
Join Date: Mar 2008
Location: New Britain, CT
Posts: 348
Likes: 0
Received 0 Likes
on
0 Posts
Posting from my blkberry at work so I'll make this brief:
The police report was complete bullsh*t. In all honesty it was 80% false. He described my exhaust as "sound of loud chainsaw from a long distance" but yet he was "right" behind me bc he witnessed a high rate of speed. Said i cut off a car when I ran stop sign at a high rate of speed but yet there was no one on the road and I applied the brake an down shifted into first. He also said I continued to drive when he flagged me down to stop but yet he pulled me over in my driveway...which he failed to put in his report. And that's only half of it.
Met with the lawyer today and he seems to be very confident that he can drop RD an loud muffler if I plead guilty to the stop sign. I printed a google map image of the entire block and the cops story doesn't make ANY sense.
I also have my wife as a witness to all this if need be.I never exceeded 4000rpm in 3rd gear but was at a high rate of speed??? I did not see cop flash lights untill I hit the indicator to pull into my driveway but I continued to drive away from cop??
I'll post more later...gotta go work to pay this lawyer lol.
The police report was complete bullsh*t. In all honesty it was 80% false. He described my exhaust as "sound of loud chainsaw from a long distance" but yet he was "right" behind me bc he witnessed a high rate of speed. Said i cut off a car when I ran stop sign at a high rate of speed but yet there was no one on the road and I applied the brake an down shifted into first. He also said I continued to drive when he flagged me down to stop but yet he pulled me over in my driveway...which he failed to put in his report. And that's only half of it.
Met with the lawyer today and he seems to be very confident that he can drop RD an loud muffler if I plead guilty to the stop sign. I printed a google map image of the entire block and the cops story doesn't make ANY sense.
I also have my wife as a witness to all this if need be.I never exceeded 4000rpm in 3rd gear but was at a high rate of speed??? I did not see cop flash lights untill I hit the indicator to pull into my driveway but I continued to drive away from cop??
I'll post more later...gotta go work to pay this lawyer lol.
07-29-2010, 07:56 PM
#34
Registered User
iTrader: (5)
Join Date: Dec 2007
Location: somewhere
Posts: 6,048
Likes: 0
Received 0 Likes
on
0 Posts
post the report if you have it.
its not normal for police to make chit up.
either your not telling everything that happened or the officer saw it different than you describe it.
its not normal for police to make chit up.
either your not telling everything that happened or the officer saw it different than you describe it.
07-30-2010, 06:55 PM
#35
Registered User
Thread Starter
iTrader: (7)
Join Date: Mar 2008
Location: New Britain, CT
Posts: 348
Likes: 0
Received 0 Likes
on
0 Posts
^ you honestly think im going to this extent to lie my way out of a RD...
First thank you all for your concern about my case. Things went pretty well today i'll try to make a long story short,
My lawyer did a great job gathering all the facts and logically disproving what was in the police report. He basically spoke to the prosecutor about these points:
1. How can you prove RD without any clocked speed?
2. The driveway I pulled into when I "evaded" the motor vehicle stop was to my house which was not in the PR and it was exactly 245ft from when the officer conducted stop.
3. Passenger was my wife (newly wed) so how much danger would i really put her in?
4. How could you blow through a stop sign at a high rate of speed if you applied the brake (all brake lights work) and shifted into first.
The plan was to intially plead guilty to stop sign charge if the prosecutor would drop RD and loud muffler. However, after going through the police report so much info is false that my lawyer is now going to attempt to drop all charges. Since he only had 1 day to review the report we appealed to the 27th, in the meantime the prosector is going to pull my DMV file. Once they see I have no priors to conclude i am a reckless driver combined with PR drama and evidence as well as a witness to the truth i feel somewhat confident this will get thrown out, but anything can happen. Hopefully all goes well in a month.
First thank you all for your concern about my case. Things went pretty well today i'll try to make a long story short,
My lawyer did a great job gathering all the facts and logically disproving what was in the police report. He basically spoke to the prosecutor about these points:
1. How can you prove RD without any clocked speed?
2. The driveway I pulled into when I "evaded" the motor vehicle stop was to my house which was not in the PR and it was exactly 245ft from when the officer conducted stop.
3. Passenger was my wife (newly wed) so how much danger would i really put her in?
4. How could you blow through a stop sign at a high rate of speed if you applied the brake (all brake lights work) and shifted into first.
The plan was to intially plead guilty to stop sign charge if the prosecutor would drop RD and loud muffler. However, after going through the police report so much info is false that my lawyer is now going to attempt to drop all charges. Since he only had 1 day to review the report we appealed to the 27th, in the meantime the prosector is going to pull my DMV file. Once they see I have no priors to conclude i am a reckless driver combined with PR drama and evidence as well as a witness to the truth i feel somewhat confident this will get thrown out, but anything can happen. Hopefully all goes well in a month.
07-31-2010, 04:01 AM
#36
Registered User
iTrader: (5)
Join Date: Dec 2007
Location: somewhere
Posts: 6,048
Likes: 0
Received 0 Likes
on
0 Posts
Yes I honestly believe a person will create a complete fabrication to get out of anything - especially a ticket. Sit in traffic court for a few cases heard by a judge and ask the def. afterward if what they said was the truth in a non-police capacity, you would be AMAZED what they say.
All this your doing is absolutely hilarious. How much are you paying this lawyer? How much is the ticket?
Those 4 points you brought up can easily be articulated around. You will end up just paying the fines and no points - this is usually what happens anyway unless the officer wants to press the matter.
You could have done this yourself without hiring a lawyer and probably saved the cost of the tickets+lawyer altogether.
All this your doing is absolutely hilarious. How much are you paying this lawyer? How much is the ticket?
Those 4 points you brought up can easily be articulated around. You will end up just paying the fines and no points - this is usually what happens anyway unless the officer wants to press the matter.
You could have done this yourself without hiring a lawyer and probably saved the cost of the tickets+lawyer altogether.
07-31-2010, 07:27 AM
#37
Registered User
iTrader: (3)
Join Date: Sep 2004
Location: marlboro new jersey
Posts: 138
Likes: 0
Received 0 Likes
on
0 Posts
Venom, I was in a similar situation, RD and loud muffler in Eatontown NJ last year. Cop saw me from a distance with no "clock in" on my speed. After 4 months of appeals, $1250 to my lawyer, reports from an inspection officer to claim that my car was "street legal", meaning I had cats and not test pipes, all charges were dropped. So pay up and goodluck
07-31-2010, 07:35 AM
#38
Registered User
iTrader: (5)
Join Date: Dec 2007
Location: somewhere
Posts: 6,048
Likes: 0
Received 0 Likes
on
0 Posts
Venom, I was in a similar situation, RD and loud muffler in Eatontown NJ last year. Cop saw me from a distance with no "clock in" on my speed. After 4 months of appeals, $1250 to my lawyer, reports from an inspection officer to claim that my car was "street legal", meaning I had cats and not test pipes, all charges were dropped. So pay up and goodluck
might as well of went without a lawyer said "i'll pay whatever fines but no points on my license plz."
they usually work with you.
07-31-2010, 07:51 AM
#39
Registered User
iTrader: (3)
Join Date: Sep 2004
Location: marlboro new jersey
Posts: 138
Likes: 0
Received 0 Likes
on
0 Posts
^without a lawyer,ha. Been there, done that. Have you ever been to the Eatontown court and met their prosecutor? He will eat you alive without a lawyer especially if you already have points on your license. Take it from a court veteran (not too pleased about it), but getting a reckless ticket dropped without a lawyer is like running through a burning house without any clothes on.
07-31-2010, 08:11 AM
#40
Registered User
iTrader: (5)
Join Date: Dec 2007
Location: somewhere
Posts: 6,048
Likes: 0
Received 0 Likes
on
0 Posts
^without a lawyer,ha. Been there, done that. Have you ever been to the Eatontown court and met their prosecutor? He will eat you alive without a lawyer especially if you already have points on your license. Take it from a court veteran (not too pleased about it), but getting a reckless ticket dropped without a lawyer is like running through a burning house without any clothes on.