Danno

I fight each and every single ticket I get. Sometimes with, sometimes without an attorney. Traffic tickets are a revenue machine anyway and time is more important. So, if they're going to mess with me, I'm going to waste as much of their time as possible. I've had my attorney make 5-7 appearances for a single ticket one time. Made the copper schedule an appearance, then we'd delay it for two weeks, then put it off again. Then the final delay put the court-date right on his vacation week, HAH!!! If it was possible, I'd even want jury trials for parking tickets !!! <img src="graemlins/jumper.gif" border="0" alt="[jumper]" /> <img src="graemlins/jumper.gif" border="0" alt="[jumper]" /> <img src="graemlins/jumper.gif" border="0" alt="[jumper]" />

JLeake

Thanks for all of the advice...keep it coming. Don't know if it matters, but the cop wrote the court date as Thursday, Nov 6. Nov 6 is a Wednesday. I intend to research his training/speedo calibration/jurisdiction, etc. as suggested. Once I have a decent case I'll talk to a lawyer and the DA. I did have a friend in the car, who did look at my speedometer (although I'd prefer he keep his mouth shut on that) and obviously witnessed the whole event. What is the best way to record his account of the events such that it is admissible in court? He lives 4 hours away so I don't want to ask him to come to court. Could his account help me in anyway?

bpp944

I agree with Toolmaster, do your research.

I'm not sure what the NC laws are, but in Michigan if the cop doesn't show up for the court appearance, the case is dismissed because the ticket is uncontested by the ticketing officer.

<a href="http://www.jus.state.nc.us/NCJA/cjlinks.htm" target="_blank">http://www.jus.state.nc.us/NCJA/cjlinks.htm</a>

JLeake

Thanks. I was actually researching the law on reckless driving earlier today. Anyone have an idea of verbiage to search for regarding the cop not showing up? I'm no lawyer, but can search the laws if I know remotely what I'm looking for. Thanks!

keith

remember that this is NC, where cops can take a test to become certified to make a legal visual assessment of speed.

Sounds crazy, huh? Well, keep in mind that the majority of this state thought it best to keep Jessee Helms in office as long as possible...

Better get a lawyer. Common sense and circumstantial evidence may not come to your aid here.

and BTW, I think ABC has state constabulary (is that spelled correctly?) jurisdiction - at least, I believe that was the case in SC when I worked with those guys...

jason952

I once got reckless (total BS) in SC and I was able to plead "careless operation" or some such and I got the points dropped and the fine increase from 250 to 350, much cheaper than insurance changes. The only caveat is that this was an ordinance in the city that you could do this and you could only plead this once per year. (They have since changed it to once per lifetime, so I am SOL). You may want to see if chlt has this option. good luck,

Jason

BartW

In High School I took a introduction to law class, the reason I took this class is because I had piled up many tickets and wanted to get better at fighting them and did. First of all I am not licensed to provide legal advice but I will just give a few of my observations. #1. Reckless driving is considered a misdemeanor in most states which is why you have to go to court. #2. In Michigan if the officer can not show up for your hearing due to other engagements the case is automatically dismissed. #3. The fact that you were in a Porsche does not sound good in front of the judge #4. Define wreckless driving. The definition of it in your state is important because in order to be cited with it you have to violate certain criteria. Verify that your actions violated the required criteria or else the case can be dismissed based on that you were cited with the wrong offense. #5. Someone already mentioned that perhaps this is not within the ABCs power. #6. Check the ticket very carefully, I got a drag racing ticket at night before and it was dismissed when I saw that the officer mistakenly wrote that my blue Mustang was black on the ticket, I contested that he observed the wrong car. #7. Make a diagram of the ramp and freeway lanes and map out your entrance followed by the lane changes and approximate speeds at each interval. #8. Argue that accelarating on the ramp to match highway speeds is taught in all driver's ed classes and your car is just capable of matching speed in a much faster but safe and controllable manner than most other cars, the cars in front of you were not following this safe procedure which prompted you to change lanes to make sure that you merge safely. If you want, argue that pushing the accelarator all the way causes the rear of the vehicle to get loose and you would have lost control instead of making a smooth and controlled merger. #9. Argue that the "A75" is not an accurate assesment of your speed, the officer would have a very difficult time in estimating considering he himself must have been accelarating and merging making it very difficult to observe you, the traffic, and his own speedometer as a reference to his speed which was increasing as well. #10. Most officers write, on their copy of the ticket, a very brief description of the incident so that they may remember it when they come to court after countless other incidents, see if you can get a copy of "the case against you" #11. If you go to court with your maps ask the officer to show exactly his location at each interval, chances are he can not remember exactly and you can argue that his view of your actions may have been obscured by other vehicles.
I can probably think of a few more but see what you can do with this and keep us updated. I hate to see you get a ticket you didn't deserve, I had plenty of those in my life.

Billy W

Jleake, I have not forgot about the phone number, my friend went out of town to LA to help his parents with hurricane damage. I am still looking for the guys number and will let you know when I find it.

Billy

POORSCHA

Well since I am not in NC either nor am I a lawyer, I may have some advice for your problem. Since I have experience inthis area,don;t ask how please, I think you have an excellant shot at being victorious if the guy is a "alcohol agent" versus a patrol officer. Radar nor laser is needed for speeding but a "pacing" with a calibrated speedometer could suvice. Yet simply exceeding the posted speed limit sign is a clear violation of the speeding statue. I do agree that reckless driving is wrong. Reckless is the "clear wanton and disregard for public" (basically) and it sounds if you did not display recklessness. I also don't think you need to spend the money on an attorney. Do your research and takeit to court. Either the cop doesnt show, they reduce the ticket to simply speeding or throw it out all together. The cop must PROVE you were reckless ! But I would bring my witness because chances are the cop won't remember you had a witness and that can only stengthen your case. Also bring a copy of the speeding statue, the reckless driving statue and careless driving statue. One last thing to remember, you were merging onto an interstate and had to accelerate to safely merge with the other traffic. good luck

JLeake

Thanks all for the advice above. Just to clarify, I did not need to speed up to merge with traffic as there was not traffic to merge with (just two cars in front of me, which I passed with the quickness, albeit in a safe manner and two lanes to their left). I am meeting with a lawyer tomorrow and have made a list of all of your suggestions. I think after talking to a few lawyers I'll have a better idea of whether or not I should represent myself. I'll of course post my results so others can learn at my expense.

Mike S.

[quote]Originally posted by jleake:
<strong>The freaking Cobra was an undercover ABC agent (alcohol beverage commission). He flies by me, hangs out for about two seconds, then moves back behind

He mentioned that he had wrecked a car in the same area going 105 responding to a call...</strong><hr></blockquote>

An ABC agent? <img src="graemlins/roflmao.gif" border="0" alt="[hiha]" /> And I thought NY had every regulatory commission on earth. Whomever thought of that acronym should be embarassed.

IMHO and with ignorance to the charter of the ABC, a 105 mph response is generally reserved for life and death, serious injury, and serious felony crime. 105 mph as an ABC agent. Hmmmm? Sounds like you've run into a cowboy with a hot car. His charge seems heavy handed to me. I'd fight it.

Mike

Stefan

[quote]Originally posted by 86951:
<strong>And yes anything over 15 miles above the speed limit and you have to show up in court. With reckless driving in NC you can loose your licsence for up to a year if the judge wants.</strong><hr></blockquote>

WOW! I thought it was bad here! <img src="graemlins/jumper.gif" border="0" alt="[jumper]" />

chouwalker

You should be glad your driving was "wreckless", as opposed to the ABC officer's driving, which even he admitted was "wreckfull".

(sorry, I couldn't resist...)

MichelleJD

I am a lawyer and a public defender. Unless the charged offense is a misdemeanor or felony, you won't be entitled to a PD. In most states we are only appointed if there is a chance you could do jail time. Otherwise, you have to get an attorney.

Do NOT assume that an ABC agent is not authorized to write tickets. I do not know NC law, but most state law enforcement officers have jurisdiction to issue citations. This is the reason you need to consult a lawyer. Talk to one. She may be able to give you legal advice, but not show up for you in court. This could save you $$ by arming you with the knowledge you need, but not paying to have her there. It's worth a consultation fee.

Assuming you know the law before appearing in court is suicide. If it's no big deal if you lose, then don't worry about it. But if losing is an issue, get some piece of mind. There's a reason why law school is 3 years long!

Just my 2 cents worth. It's worth what ya paid!

Michelle

Mark-87-951

My 951 will hit 100 in 3rd. I have a court appearance in Illinois this month. The ticket says 94 in a 55. Good thing because 40 and above is mandatory jail time. I spoke to a friend who has plenty of experience and he thought it was best to plead guilty and ask for court supervision. The officer paced me and said if I plead not guilty he will have to say he saw me pull away from him when he was doing 100mph. Ouch