Build a defense in two days.
03-31-07, 12:33 AM
#1
Right near Malloy
Thread Starter
iTrader: (28)
Join Date: Dec 1999
Location: Behind a workbench, repairing FC Electronics.
Posts: 7,845
Received 512 Likes
on
347 Posts
Build a defense in two days.
So January 5th, I got pulled over on the Capitol Beltway, near the Branch Ave. exit.
I got a stack of tickets; 85 in a 55, improper lane change, following too closely, and neglegent driving. Total is over $500
Calling the court all through February and on the first week in March resulted in a response of "This ticket has not been filed" from both the automated system and live clerks.
March 26th, I called one last time. I found that I have a court date on April 2nd. One week's time.
March 27th, I went to the PG county district court in Upper Marlboro to file for a continuance, stating that I had no notice of the court appearance and that I needed more time to prepare defense.
March 30th (A Friday, mind you.) I got a voicemail saying that because I could not identify why I can't go to trial, my Motion for a Continuance has been denied.
I now have two days in which to figure out how to disproove my guilt. Suggestions?
I was not doing 85.
I did not change lanes improperly.
Following too closely and neglegent driving are subjective and there was no resultant collision that would proove otherwise.
I am not guilty on any counts.
I got a stack of tickets; 85 in a 55, improper lane change, following too closely, and neglegent driving. Total is over $500
Calling the court all through February and on the first week in March resulted in a response of "This ticket has not been filed" from both the automated system and live clerks.
March 26th, I called one last time. I found that I have a court date on April 2nd. One week's time.
March 27th, I went to the PG county district court in Upper Marlboro to file for a continuance, stating that I had no notice of the court appearance and that I needed more time to prepare defense.
March 30th (A Friday, mind you.) I got a voicemail saying that because I could not identify why I can't go to trial, my Motion for a Continuance has been denied.
I now have two days in which to figure out how to disproove my guilt. Suggestions?
I was not doing 85.
I did not change lanes improperly.
Following too closely and neglegent driving are subjective and there was no resultant collision that would proove otherwise.
I am not guilty on any counts.
03-31-07, 02:41 AM
#2
Stop Driving like an ******* 
For real though. I would be looking for a lawyer today.
It will probably cost you 1k at least in a lawyer. But they
should be able to get you out of most of it, if not all of it.
I would not walk in the court room by yourself looking to
challenge everything. Cause more than likely they'll hand it
to you. Of course this is just a friendly suggestion. Good luck
to you.
For real though. I would be looking for a lawyer today.
It will probably cost you 1k at least in a lawyer. But they
should be able to get you out of most of it, if not all of it.
I would not walk in the court room by yourself looking to
challenge everything. Cause more than likely they'll hand it
to you. Of course this is just a friendly suggestion. Good luck
to you.
03-31-07, 07:02 AM
#3
Nope, no lawyer, no luck. At least in Fairfax County. (The difference in 'justice' between people with and without lawyers reeks of corruption). I have a story of a friend who was driving his bike with a buddy, and both got speeding tickets for doing 75 in a 55 with the reckless driving that goes with it. My friend appeared and argued for himself. His friend got a lawyer who made the exact same arguments immediately afterward. Same judge, same cop, same everything. The lawyer got his friend off scott free (for a price) and my friend spent the night in jail and paid a big fine.
Dunno which county you were in, but I would assume the other counties are not a whole lot different.
Some points though:
- you can't be doing 85 and following too closely unless all traffic was going 85.
- the negligent driving, improper lane change, and following too closely are perfectly subjective. To beat those you need the judge to like you, and that is done with a lawyer.
Dave
Dunno which county you were in, but I would assume the other counties are not a whole lot different.
Some points though:
- you can't be doing 85 and following too closely unless all traffic was going 85.
- the negligent driving, improper lane change, and following too closely are perfectly subjective. To beat those you need the judge to like you, and that is done with a lawyer.
Dave
03-31-07, 07:42 AM
#4
03-31-07, 05:39 PM
#6
Yeah 500's not a lot to rack up in tickets, My record is 1445 in 4 tickets. (89 in a 35, Wreckless, negligent, and no front tag) All found not guilty (long story). Anyway, I hired a lawyer for that, friend of the family for 250. It was a worthwhile peace of mind however, not necessary.
I would suggest that you go to court, explain your side of the situation if you feel you are not guilty. Don't ever accuse an officer of lying. Ever. If you think the cop is full of ****, offer reasoning to the judge that the officer made a mistake, and while he thinks he may be justified in his judgment of the situation, you offer your aspect of the facts.
Dress up, shave, haircut. Look as innocent as possible, also your past driving record will come in to play of course, so hopefully it's clean. The judge will rule much more favorably if you've got a clean record.
I would suggest that you go to court, explain your side of the situation if you feel you are not guilty. Don't ever accuse an officer of lying. Ever. If you think the cop is full of ****, offer reasoning to the judge that the officer made a mistake, and while he thinks he may be justified in his judgment of the situation, you offer your aspect of the facts.
Dress up, shave, haircut. Look as innocent as possible, also your past driving record will come in to play of course, so hopefully it's clean. The judge will rule much more favorably if you've got a clean record.
Trending Topics
03-31-07, 07:23 PM
#8
penurious
Join Date: Nov 2005
Location: College Park, Maryland
Posts: 578
Likes: 0
Received 0 Likes
on
0 Posts
you should be fine.
write a letter to the court requesting a postponement and hand delver it to the clerks office. its too close for the duty judge to rule on it so it will most likely be in the hands of the judge on the day of your court date.
he can still either grant or deny it, but if he denys it, you can do something called "posting fine." which means you give them your 500$ to hold on to, and they garuntee you another trial. they hold onto your money until theres a ruling and the case is closed.
they cant close the case without a ruling, and if you just dont show up, you have 10 days after the date to turn the letter in.
hope this helps. call the clerks office and they should be able to help you out as well.
heres a little trick ive pulled. turn your letter in as soon as you can, and go to court anyway. look for your cop. if hes there, just stay seated when they call your name, and let the judge rule on your letter (but DONT stand up halfway through and decide you want to go through with it). if the cop ISNT there, stand up when they call your name and say that you were able to fix the circumstances you stated in the letter, blah blah blah.
its risky, but it can work.
write a letter to the court requesting a postponement and hand delver it to the clerks office. its too close for the duty judge to rule on it so it will most likely be in the hands of the judge on the day of your court date.
he can still either grant or deny it, but if he denys it, you can do something called "posting fine." which means you give them your 500$ to hold on to, and they garuntee you another trial. they hold onto your money until theres a ruling and the case is closed.
they cant close the case without a ruling, and if you just dont show up, you have 10 days after the date to turn the letter in.
hope this helps. call the clerks office and they should be able to help you out as well.
heres a little trick ive pulled. turn your letter in as soon as you can, and go to court anyway. look for your cop. if hes there, just stay seated when they call your name, and let the judge rule on your letter (but DONT stand up halfway through and decide you want to go through with it). if the cop ISNT there, stand up when they call your name and say that you were able to fix the circumstances you stated in the letter, blah blah blah.
its risky, but it can work.
Last edited by drivelikejehu; 03-31-07 at 07:29 PM.
03-31-07, 07:25 PM
#9
MegaSquirt Mod
if you get the tickets, your insurance is going to go up, a lot.... the $500 in tickets isn't going to be the only problem... IF you can still get insurance, it's going to probably double in price for that stack of tickets.
Get a lawyer...
Ken
Get a lawyer...
Ken
03-31-07, 07:51 PM
#10
penurious
Join Date: Nov 2005
Location: College Park, Maryland
Posts: 578
Likes: 0
Received 0 Likes
on
0 Posts
just general FYI for everyone here:
*WARNING, check with the clerks office before you do anything. dont blame me if your courts are different or if i mis-typed something*
you can postpone a case as many times as they grant. im on a ticket with 7 postponements so far. WRITE A FORMAL LETTER WHEN REQUESTING A POSTPONEMENT, they havent denied me yet, and the ticket is 520$
if they finally deny your postponement, you can do something called "posting fine." THIS GARUNTEES YOU A SECOND TRIAL, NO MATTER WHAT.
if you miss your court date, you have 10 days put your letter in requesting a second trial. if they grant it, they will still most likely require you to "post fine." if they deny it, you can still "post fine" to get another trial.
if you go to court, and are found guilty, you still have 30 (it may be 60 actually) to file for an appeal. if you go there to just argue your same case again, 99% of the time they are going to find you guilty again. If you file an appeal, you NEED to go with a lawyer.
theres many many many ways to keep a case open. only when they rule on you can they close the case and take it to the next step. you can keep postponing and appealing as much as they will allow you. once a case is closed, i think it stays in the courts hands for about 90 days, then it moves on.
this is for general traffic violations. if you have a DUI, you absolutely need a lawyer no matter what. your not getting off. even with a lawyer your most likely going to get shafted, especially with the fine. rule of thumb, dont drive drunk.
also, you can get any of this information from the courts clerks office (thats where i got it)
Maryland: http://www.courts.state.md.us/distri.../courtmap.html
Virginia: http://www.courts.state.va.us/courts/gd.html
*WARNING, check with the clerks office before you do anything. dont blame me if your courts are different or if i mis-typed something*
you can postpone a case as many times as they grant. im on a ticket with 7 postponements so far. WRITE A FORMAL LETTER WHEN REQUESTING A POSTPONEMENT, they havent denied me yet, and the ticket is 520$
if they finally deny your postponement, you can do something called "posting fine." THIS GARUNTEES YOU A SECOND TRIAL, NO MATTER WHAT.
if you miss your court date, you have 10 days put your letter in requesting a second trial. if they grant it, they will still most likely require you to "post fine." if they deny it, you can still "post fine" to get another trial.
if you go to court, and are found guilty, you still have 30 (it may be 60 actually) to file for an appeal. if you go there to just argue your same case again, 99% of the time they are going to find you guilty again. If you file an appeal, you NEED to go with a lawyer.
theres many many many ways to keep a case open. only when they rule on you can they close the case and take it to the next step. you can keep postponing and appealing as much as they will allow you. once a case is closed, i think it stays in the courts hands for about 90 days, then it moves on.
this is for general traffic violations. if you have a DUI, you absolutely need a lawyer no matter what. your not getting off. even with a lawyer your most likely going to get shafted, especially with the fine. rule of thumb, dont drive drunk.
also, you can get any of this information from the courts clerks office (thats where i got it)
Maryland: http://www.courts.state.md.us/distri.../courtmap.html
Virginia: http://www.courts.state.va.us/courts/gd.html
04-01-07, 09:54 AM
#11
FYI, anything subjective (following too closely, neglegent driving, improper lane change, etc) literally means it's the cop's discretion, NOT yours. So disproving something like that is *extremely* difficult, since your testimony is "ok," and the cop's is "expert testimony." For something like that, you prob need to rebut the cop's testimony w/ other "expert testimony," namely a lawyer's. That's what I'd do, as RARELY will the Judge side with the defendant against the Officer. Don't forget the Officer generates the Judge's income... 
04-01-07, 10:38 AM
#12
Right near Malloy
Thread Starter
iTrader: (28)
Join Date: Dec 1999
Location: Behind a workbench, repairing FC Electronics.
Posts: 7,845
Received 512 Likes
on
347 Posts
Originally Posted by drivelikejehu
you should be fine.
write a letter to the court requesting a postponement and hand delver it to the clerks office. its too close for the duty judge to rule on it so it will most likely be in the hands of the judge on the day of your court date.
he can still either grant or deny it, but if he denys it, you can do something called "posting fine." which means you give them your 500$ to hold on to, and they garuntee you another trial. they hold onto your money until theres a ruling and the case is closed.
they cant close the case without a ruling, and if you just dont show up, you have 10 days after the date to turn the letter in.
hope this helps. call the clerks office and they should be able to help you out as well.
write a letter to the court requesting a postponement and hand delver it to the clerks office. its too close for the duty judge to rule on it so it will most likely be in the hands of the judge on the day of your court date.
he can still either grant or deny it, but if he denys it, you can do something called "posting fine." which means you give them your 500$ to hold on to, and they garuntee you another trial. they hold onto your money until theres a ruling and the case is closed.
they cant close the case without a ruling, and if you just dont show up, you have 10 days after the date to turn the letter in.
hope this helps. call the clerks office and they should be able to help you out as well.
I thought I already did that on court forms requesting a "Motion for Continuance"...
I'll do it again on the day I have court (Tomorrow) and deliver it when I show up there.
heres a little trick ive pulled. turn your letter in as soon as you can, and go to court anyway. look for your cop. if hes there, just stay seated when they call your name, and let the judge rule on your letter (but DONT stand up halfway through and decide you want to go through with it). if the cop ISNT there, stand up when they call your name and say that you were able to fix the circumstances you stated in the letter, blah blah blah.
its risky, but it can work.
its risky, but it can work.
What if the judge enters Failure to Appear?
I don't need a warrant for my arrest.
04-01-07, 11:03 AM
#13
Warrants for arrest are only issued when a court appearance is MANDATORY. If yours is optional, then you'll simply be tried in your absence. No warrants necessary (unless of course the punishment carries w/ it a jail sentence...but in most cases, those cases to begin w/ REQUIRE a court apperance b/c of that).
04-01-07, 12:51 PM
#14
Originally Posted by FDNewbie
FYI, anything subjective (following too closely, neglegent driving, improper lane change, etc) literally means it's the cop's discretion, NOT yours. So disproving something like that is *extremely* difficult, since your testimony is "ok," and the cop's is "expert testimony." For something like that, you prob need to rebut the cop's testimony w/ other "expert testimony," namely a lawyer's. That's what I'd do, as RARELY will the Judge side with the defendant against the Officer. Don't forget the Officer generates the Judge's income...
Funny story about "expert testimony" and how thats a bunch of crap. I was driving on 795 towards Owings Mills, and I see a MD state trooper on my tail, following closely. I changed lanes to try and let him pass as his lights were not on. He sticks to me when I change lanes, then I hear his siren. So I pull over. He comes up to the window like a smartass asking why I wasn't pulling over for him. All I said was "Look at the front of your car." He looked, paused, and then I **** you not he looked me dead in the face and said "It's a loaner car, I'm not used to the controls".
Funny since he claims he figured out how to work the radar gun in an expert enough fashion to testify to my speed in a court of law. He wrote the ticket anyway, I wasn't a dick or smart ***, thats really all I said to him during the entire encounter. You'd think he would try to save some face and just let me go, nope.
04-01-07, 12:55 PM
#15
Originally Posted by drivelikejehu
you can postpone a case as many times as they grant. im on a ticket with 7 postponements so far. WRITE A FORMAL LETTER WHEN REQUESTING A POSTPONEMENT, they havent denied me yet, and the ticket is 520$
I only got 1 postponement, on the second letter they requested I post the fine. I was in New Orleans on a contract for 6 months. That wasn't acceptable to them. Luckily it was only an 80 dollar fine, my insurance went up 2% (about 5 dollars) every 6 months.
04-02-07, 04:50 PM
#16
Right near Malloy
Thread Starter
iTrader: (28)
Join Date: Dec 1999
Location: Behind a workbench, repairing FC Electronics.
Posts: 7,845
Received 512 Likes
on
347 Posts
Just call me Pele Esquire. P.C. Attourney at Law...
I struck a plea bargain with the officer.
Speeding, 85 in a 55... Original ticket fine amount, $290... Not Guilty.
Negligent Driving... Original ticket fine amount, $40... Not Guilty.
Following too closely... Original ticket fine amount, $110... Actual fine amount, $39.50. Guilty.
Unsafe lane change... Original ticket fine amount, $90... Actual fine amount, $55. Guilty.
Court costs $25.50
Total doughnut fund contribution, $120.
All guilty verdicts were struck down per "PBJ"... Not a sammich, Probation Before Judgement... Nothing goes on my record... Nothing gets communicated to VA... Provided I get no further convictions for the year, which shouldn't be hard. I haven't had a traffic conviction for over 3 years.
Now if you'll excuse me, I'm going to purchase a White Ford Bronco and a pair of tight leather gloves.
I struck a plea bargain with the officer.
Speeding, 85 in a 55... Original ticket fine amount, $290... Not Guilty.
Negligent Driving... Original ticket fine amount, $40... Not Guilty.
Following too closely... Original ticket fine amount, $110... Actual fine amount, $39.50. Guilty.
Unsafe lane change... Original ticket fine amount, $90... Actual fine amount, $55. Guilty.
Court costs $25.50
Total doughnut fund contribution, $120.
All guilty verdicts were struck down per "PBJ"... Not a sammich, Probation Before Judgement... Nothing goes on my record... Nothing gets communicated to VA... Provided I get no further convictions for the year, which shouldn't be hard. I haven't had a traffic conviction for over 3 years.
Now if you'll excuse me, I'm going to purchase a White Ford Bronco and a pair of tight leather gloves.
04-03-07, 07:47 AM
#17
That one is also sexual
Join Date: Jun 2004
Location: Columbia, MD
Posts: 1,671
Likes: 0
Received 0 Likes
on
0 Posts
way to go on the court. for future reference, not showing up for your trial is admission of guilt and they will just rule based on original ticket, but you can put in an appeal.
only time i ever had to goto court, one of the other cops who was there for like 8 cases forgot his ticket book so he was ruled as having no proof. half the court got excused because of that.
my time up, I pleaded guilty to the charges with explanation. after hearing my side the judge found out the cop wasnt there so he "persuaded" me to change my plea to not guilty
only time i ever had to goto court, one of the other cops who was there for like 8 cases forgot his ticket book so he was ruled as having no proof. half the court got excused because of that.
my time up, I pleaded guilty to the charges with explanation. after hearing my side the judge found out the cop wasnt there so he "persuaded" me to change my plea to not guilty
04-03-07, 11:09 AM
#18
Right near Malloy
Thread Starter
iTrader: (28)
Join Date: Dec 1999
Location: Behind a workbench, repairing FC Electronics.
Posts: 7,845
Received 512 Likes
on
347 Posts
Half the court got out of wrecks because of lack of evidence. Usually no civillian wittness to the wreck and the officer didn't see the wreck take place... Apparently skid mark measurements aren't evidence enough to convict.
I was thinking damn, I need to wreck a vehicle in Maryland.
I guess it still doesn't cover the Civil lawsuit.
My officer forgot a ticket book too... Sadly it wasn't the one he got mine out of.
There were several people who were adamant about pleading guilty, but the officer wasn't there or they had no evidence. Hence they were asked several times over, "Would you like to plead Not Guilty?" Some people just don't get it.
Then there was the jackass that when asked, "Guilty or not guilty?" responded, "Is the officer here?" That was funny.
I was thinking damn, I need to wreck a vehicle in Maryland.
I guess it still doesn't cover the Civil lawsuit.
My officer forgot a ticket book too... Sadly it wasn't the one he got mine out of.
There were several people who were adamant about pleading guilty, but the officer wasn't there or they had no evidence. Hence they were asked several times over, "Would you like to plead Not Guilty?" Some people just don't get it.
Then there was the jackass that when asked, "Guilty or not guilty?" responded, "Is the officer here?" That was funny.
Thread
Thread Starter
Forum
Replies
Last Post
