A&Q about Lotus
Q:
I'm leaving the parking lot at a local mall and hit the cam in first gear. I pop it into 2nd and ease off the throttle and slow down at the exit stop sign. Well at this point a cop is behind my arse......I slowly put the seat belt on and pray he isn't going to follow me with the party lights. Well, my prayers didn't work and wo0t w0ot the party begins.
Cop: "Are you aware you almost ran over somebody back there?!"
Me: "Uhhhhh, no?"
Cop: "You were driving like an idiot!? License and registration!"
I didn't have my licence because I am 2 miles from the gym and my lacrosse shorts dont have pockets.
Me: "I don't have my licence sir, I just changed and went to the gym in these (pointing to the shorts). My registration is in the trunk, you want me to get it?"
Cop: "Turn the vehicle off, you'll be here a while."
So I give him my registration and he goes into his partol car and starts writing away for like 15 minutes.
Cop: "You know the govenor of the state says I could do to you right now?"
Me: (randomly said whatever the worst case scenerio would be) "Uhhhhhh.....take my car away and take me to jail?"
Cop: "Bingo. But since you have no priors you get 3 citations."
Ticket 1) Reckless driving $580 fine
Ticket 2) Negligent Driving $280 fine
Ticket 3) Driving at an unsafe speed $75.00 fine
Total of 8 possible points.
So after that I started to ask him a bunch of questions as to the most painless way to go about this situation.
I have 3 options.
I can stand trial
I can pay the fines and eat 8 friggin' points. (I have a clear record)
I can request a waiver hearing: guilty with an explanation.
The cop wouldn't tell me what he would do if the situation was reversed, but basically if I contested the citing officer would be there to testify that I almost ran over someone, in which case the judge could get really mad and throw the book at me.
Or request a waiver hearing and plead guilty, in which case the judge could still make the fines/points lower. Also, the citing offiver wouldn't be there.
I am thinking about going the 2nd route but I got some questions. Would the judge know the extent of the citations? The citing officer wouldn't be there but I'm sure he would do a write-up of what happened right? And, is it possible to have the judge lower the fines/points if I request a waiver hearing?
This is my first ticket since I was 20. My only defence to hitting someone would be that it was dark and my HID's have a very low cutoff point (which I demonstrated to the cop as well).
I dunno what to do, I'm frankly angry I almost hit someone. Please I need some advice.
Regards,
John
A:
First: Are you sure that you almost hit someone or are you just taking the cops word for it?
Second: Get a lawyer
A:
Originally Posted by nugg_dawg
So after that I started to ask him a bunch of questions as to the most painless way to go about this situation.
john, at this point i figure he went back to his car for a jar of vaseline.........................
A:
that sucks dude.
but unless you live in VA, your innocent until proven guilty. so if he said you almost ran someone over, he has to prove it. you really need a lawyer, the 5k you spend on it may save to 100k or more
A:
Get a lawyer, much cheaper than the insurance hit. Those are pretty serious tickets.
A:
get a lawyer.
WOw, sounds like this cop is a real a-hole. This story totally negates the one from this morning about the cops letting the guy peel out after getting pulled over and let off.
A:
Lawyer.
A:
If those are civil charges, which most traffic violatioons are, guilty or not guilty is based on preponderance of the evidence, in which case it is very easy for the judge to find you guilty.
A:
You were speeding in a shopping mall parking lot? If that's the case, you got it coming, unless it was 3AM.Hell, I've done that, testing the spin factor.
Aloha,
Thomas Praetzel
A:
Originally Posted by Thomas Praetzel
You were speeding in a shopping mall parking lot? If that's the case, you got it coming, unless it was 3AM.Hell, I've done that, testing the spin factor.
Aloha,
Thomas Praetzel
I was kind of wondering the same thing. I just don't see any reason to be in the cam in a parking lot. But off my soap box, I would definitely get a lawyer for this one. I am curious as to what he is talking about when he says you almost hit someone.
A:
Originally Posted by Thomas Praetzel
You were speeding in a shopping mall parking lot? If that's the case, you got it coming, unless it was 3AM.
+1 All other things being equal, yeah 2nd gear in a parking lot sounds reckless. Whenver I explain the Elise specs to people, I find myself in the next breath explaining the difference between what the car CAN do and what it's SAFE to do. They assume anyone who has this car speeds in parking lots
A:
I got on the cam in first gear and just stuck it in 2nd to not over rev the engine. I figure I was doing maybe 45. Not in a actual parking lot where cars park, but a curbed lane between a grassy median where traffic goes in/out of the mall parking area.
John
edit: the cop says he had no idea how fast I was going, he just observed me going fast. Which in the Elise means loud but not necessarily fast.
A:
I'll talk to the family laywer and see what he says. I really don't think it's that serious of a problem ('cept for the 8 possible points) but we'll see what the suit says tomorrow. I'll keep you guys posted to what happens.
Suffice to say, THIS SUCKS!
John
A:
Get a lawyer. It sounds like he gave you three tickets for the exact same thing. While this isn't a criminal matter, I don't think our justice system normally allows you to face charges more than once per crime.
A:
please don't put this behind u and get a lawyer!
A:
Do talk to your lawer. The insurance hit for those tickets will be huge and long-lasting. Those tickets all sound redundant to me, especially the first two. Also, any chance that the mall has security cameras that could show what actually happened?
A:
Don't get a lawyer. Not a $60 traffic lawyer, anyway. Get a GOOD lawyer who will fight the reckless driving charge and win. You want that charge eliminated. Iirc, it's a criminal charge, and very serious. Where's the phantom pedestrian you almost ran over? Why didn't the cop get a written affadavit from him?
A:
Don't know your location but those are all VERY serious open ended violations. The citing officer may have ball parked the $$$$ amount but when you get to court the judge will run down a speal of what he (she) can and cannot do. The range is let you walk to having you bend over while he (she) takes your wallet, license, reistration and right to drive for an extended period of time. Anyway, that's what I've experienced in at least three states.
45 mph in a parking lot that is in use is just nuts (not trying to be judgemental, really). Again, I do not know the laws where you are but once in Georgia I got sideswipped by a Caddy. He hooked my wheelwell with his bumper, pulled me 50 yards and accross aparking lot finally stopped when he pulled me into another car. Cops came, said "that sucks" but parking a lot is private property and not our jurisdiction.. May come down to who owns the land you were on and what the arraignements with the city/county are.
Check it out .. Get an attorney!!!!!
Your only other hope is that the cop doesn't show up in court at your hearing to bear wittness against you (you know, your rights--must be able to face your accuser and all??) If he is a no show, plead not guilty and walk out and think about your religious commitnents In this case I would not bet the farm on that happening.
Good luck.
A:
Originally Posted by 67veloce
Your only other hope is that the cop doesn't show up in court at your hearing to bear wittness against you (you know, your rights--must be able to face your accuser and all??) If he is a no show, plead not guilty and walk out and think about your religious commitnents In this case I would not bet the farm on that happening.
Good luck.
A trick my lawyer suggested is for me to show up in court alone on the assigned day, and simply request a continuance right away (before anyone says anything about what happened and why you're here), and cite the reason for the continuance as "I want to consult with an attorney". The original date on your tickets are always scheduled for the day THAT cop will be in court (all of his cases are handled that day), but a continuance can be on the "next available" date, and likely NOT on the day the cop is scheduled for. At that point he actually has to make an effort to show up, and usually he does not. This is when you get your charges dismissed, b/c of "no complaining witness".
Worked for me in Illinois... still, I'd get a lawyer and run the plan by him.
Luke
A:
Also, remember that if you are on private property (didn't say if you were in the parking lot or not) that the traffic laws are nice suggestions but generally don't apply. Get a lawyer.