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Cited for reckless driving, need advice.

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Old 10-12-2002, 02:56 AM
  #31  
Mark-87-951
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I'm wondering if anyone in Illinois or who has some knowledge on the issue thinks the advice my friend gave me was good or not. I have a clean record but have no money whatsoever for an attorney since Im unemployed at the moment.

Thanks,

Mark
Old 10-12-2002, 07:24 PM
  #32  
MichelleJD
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I'm licensed in IL - email me.

MichelleJD@yahoo.com
Old 10-13-2002, 11:37 PM
  #33  
XLR8N944
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First see if the DA could offer assistance and drop the charges. You should personally deliver a formal letter to him explaining the rather unique incident you experienced. It's worth a shot anyway. It sounds like you're going to have to fork out some bucks no matter which route you go if the DA can't help you. If you choose not to get a lawyer, then you will probably still have to pay court costs. Remember that if you do get an attorney, that there is still no guarantee that you will win the case. Then you'll have really paid a hefty price for this whole ordeal. Personally , I think you should prepare with every piece of advice that could possibly get this thing overturned and show up in court prepared to defend yourself. Good luck
Old 10-13-2002, 11:52 PM
  #34  
jordanolder
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Love it...

[quote]Originally posted by Danno:
<strong>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]" /> </strong><hr></blockquote>
Old 10-14-2002, 06:32 AM
  #35  
*Rothmans*
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No offence, but an "ABC" agent in a Mustang? So he enforces liquor related stuff from the sounds of it.

What a joke. What you should do is familiarize yourself with the charge.

It sounds like at best there is a speeding charge, and WITHOUT a speed measuring device (ie. doppler radar or laser) he cannot even lay a speeding charge unless he paced you at a constant speed and later had an officer verify his speedometer with radar/laser AND HAVE HIM COME TO COURT TO VERIFY THAT EVIDENCE.

I think by not contesting the charge he would let you plead to a lesser and included offence.

Regardless if you feel you did not commit the offence, plead NOT GUILTY.

Just DO NOT go on the stand and incriminate yourself like so many people do. I think that this guy couldn't give enough evidence to convict you based on his evidence anyway.

Get full disclosure of the officers notes in relation to the charge, then decide if you want to dispute it. It sounds like you should.

No beverage officer is qualified to give traffic evidence. LOL.

Good luck ! <img src="graemlins/beerchug.gif" border="0" alt="[cheers]" />
Old 10-14-2002, 11:30 AM
  #36  
PrerYDoG
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[quote] 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. <hr></blockquote>

That is extortion, tampering with and threatening the witness, denying you your legal right to a defense. Not only would I mount a good defense, I'd counter prosecute to have that ****er removed from his job.

I don't mind cops doing their job, but I do mind cops who are dirty, and that **** is dirty.
Old 10-14-2002, 04:59 PM
  #37  
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Well a cop does NOT have to have another cop use radar or laser to verify that the speedometer is calibrated in a law enforcement vehicle, first of all. If the officer can simply show that the speedometer was calibrated, as you would have your speedometer in the 951 calibrated in a speed shop, then a "pacing" citaton "will hold water." Yet how much knowledge and "tricks of the trade" do you really think a liquor cop has in court dealing with a traffic ticket ???? ummm food for thot. 1 mo thing, laser has to be stationary not moving. <img src="graemlins/jumper.gif" border="0" alt="[jumper]" /> <img src="graemlins/a_smil17.gif" border="0" alt="[blabla]" />
Old 10-14-2002, 06:24 PM
  #38  
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UPDATE: I talked to a lawyer, and he had actually run into the cop in court before. Said he was real power hungry and a total dick. He thinks he used to be a State trooper, and thought he had been fired from that position. That would explain his willingness to pull me over for a traffic violation. In NC there is no magic speed over the limit which results in an automatic reckless driving charge, however excessive speed for given conditions can be considered reckless. But a sunny day w/ almost no traffic on a 4 lane freeway? I should have been charged with speeding, but I wasn't. I am leaning toward reperesenting myself (which is of course NOT what the attorney recommended), but will do more research on the law to determine the strength of my case before making the final decision. $500 is hard to part with...and even with a lawyer there's no guarantee I'll get off. If I am found guilty I will appeal to a jury trial. I cannot imagine a jury voting me guilty (unanimous decision at least)...however a jury trial will really be stretching me self-representation capabilities. Hope it doesn't come to that.
Old 10-15-2002, 02:02 AM
  #39  
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[quote]Originally posted by POORSCHA:
<strong>Well a cop does NOT have to have another cop use radar or laser to verify that the speedometer is calibrated in a law enforcement vehicle, first of all. If the officer can simply show that the speedometer was calibrated, as you would have your speedometer in the 951 calibrated in a speed shop, then a "pacing" citaton "will hold water." Yet how much knowledge and "tricks of the trade" do you really think a liquor cop has in court dealing with a traffic ticket ???? ummm food for thot. 1 mo thing, laser has to be stationary not moving. <img src="graemlins/jumper.gif" border="0" alt="[jumper]" /> <img src="graemlins/a_smil17.gif" border="0" alt="[blabla]" /> </strong><hr></blockquote>

Oh yeah? I could tell you that any manufacturer of tire has 10% in spec tire size to play with for any given size of tire. (height and width) So are you telling me that I couldn't raise a reasonable doubt and say someone's speedo was out due to tire circumference, wear, etc....
And my reference to laser was to use it to verify the accuracy of a speedometer, it has nothing to do with this guys situation other than the ABC guy verifying his (assumed) "pace".
Please read posts more carefully.....
Like I said, the speeding charge barely stands never mind reckless. Just run a proper defence, hire a lawyer if need be AND DON'T GET ON THE STAND AN LEAVE YOURSELF OPEN FOR CROSS EXAMINATION AND INCRIMINATE YOURSELF.

ENUFF SAID




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