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Joined: Jul 2001
Posts: 79
CEG\'er
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OP
CEG\'er
Joined: Jul 2001
Posts: 79 |
Ok here is the story. Myself and two friends are driving down the street at 130 AM on July 27th. We arent driving very fast (50 in a 45) and we drive about 3-4 miles down a main road (warwick) in the city which I live (Newport News VA). We get to a stop light and a cop pulls in front of us and tells us to turn our cars off, then he gets all of our licenses and registrations while telling us that we were racing. I can honestly say that we werent even close to racing, we werent even in a hurry, ok we were speeding a little bit but thats not what he wrote us a ticket for. He wrote us a ticket for reckless driving "racing" (46.2-865). He didnt even bother to talk to us before he wrote us tickets. I have a court date the 6th of August to defend myself. And my friends have other court dates. I have been driving for 2 years and 2 months with a PERFECT driving record. And my other friends have similar records. He didnt even get our speed on radar. My question is first, should we get a lawyer? Second, do I have a chance to defend myself against this accusation. And third, I have USAA insurance and if I get probation or get to take a driving class will that make my insurance go up? Any comments or suggestions will be great!
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Joined: Feb 2003
Posts: 846
Veteran CEG\'er
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Veteran CEG\'er
Joined: Feb 2003
Posts: 846 |
It is the officers word against yours. Get the lawyer.
Yes, if you are "convicted" of racing (6pts) your insurance WILL go up a pretty hefty amount. Six points off your license is half of what you have in the first place. Wreckless driving doesn't make it look any better. Expect a substantial increase per month on your premium. It will not take effect immediately, but when you renew, it will show up then. Sorry to break the news.
Yes, you do have a slight chance to defend yourself. Depends on the judge and the defense you have to put up. Good luck, and make sure you have that lawyer. If not, you'd better be a good talker and have good points to make before the judge.
-Bishop
*Invisible Hero*
1999 SVT Contour/Amazon Green
Keep It Real.
Beware the fury of the silent man.
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Joined: Apr 2002
Posts: 6,198
Hard-core CEG'er
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Hard-core CEG'er
Joined: Apr 2002
Posts: 6,198 |
I'd say grab your friends and a lawyer when you go to court. If everything you're saying is true, then you caught a raw deal. But 5-0 always gets the trusted word in this stuff.
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Joined: Jan 2003
Posts: 233
CEG\'er
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CEG\'er
Joined: Jan 2003
Posts: 233 |
Definitely get a lawyer, and ask ALL your friends to chip in. Once ONE of the cases has been dismissed the rest should go pretty easily.
Bring pictures of your car (I hope it has NOT been rice'ed up much), blown up to poster-sized, to show it's a "daily beater" type car, NOT for racing. (I sure hope not!)
Hire a PI if you have to. Document exact route you did, take lots of photos. Bring a map, poster-board size, graphic illustrations.
Come CLEAN-CUT, in a suit if possible. Create impression that you're a "good kid", and would not be doing something like this.
Most traffic courts are pretty short, both sides state their case, and judge/referee makes a ruling. Let the cop/prosecution go first, note EVERY SINGLE ONE of his mistakes, but say nothing yet.
When asked to tell your side of the story, tell it straight. NEVER lie or fudge. if you don't remember the exact detail, say you don't remember. You're just driving (wherever you're going) with a few friends. You're roughly within the speed limit (what you thought the speed limit was at least), and was not swerving or passing (I sure hope you're not). You had no drinks nor any intention of drinking, blah blah blah.
One POSSIBLE strategy is plead guilty to speeding, and see if the judge will let you do that and avoid the "racing" charge. For speeding, you can go to traffic school.
Just a plain jane '96 LX V-6 here...
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Joined: Feb 2003
Posts: 1,079
Hard-core CEG\'er
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Hard-core CEG\'er
Joined: Feb 2003
Posts: 1,079 |
sounds like everyone is having an issue with gay cops. had an episode down in north carolina with dinky currituck county sheriffs had court wednesday and didn't go (14 people got citations 6 went) long story they messed up told us the charges would get dropped the 6 that went had to pay 300$ for some odd fees and what not and yea...that sucks
Official CEG troll.
'04 Mazda 3
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Joined: Jun 2000
Posts: 1,905
Master P
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Master P
Joined: Jun 2000
Posts: 1,905 |
http://www.traffic-ticket.com/Run by a (former? Haven't seen him in a while) CEGer. Free traffic lawyer referral service.
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Joined: Feb 2001
Posts: 750
Veteran CEG\'er
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Veteran CEG\'er
Joined: Feb 2001
Posts: 750 |
You definitely have chances at the court. I visited this honorable institution only once (as a witness only luckily) but I had to sit there all day and watch all the other cases.
There was this kid, pretty nasty case, the cops pulled him over for speeding (at least that was what the officer said) and found a lots of weed and a loaded handgun in the car, so he was heading for jail for sure, but his (state appointed!) lawyer managed to confuse the cop testifying against him, prove that some things the cop was saying about the circumstances of the arrest were obviously not true, so they dropped the traffic-related charges against him (speeding, recless) He still went to jail though for the rest.
A lot depends on the lawyer.
T.
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