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General => Lounge => Topic started by: daboss351 on April 26, 2008, 01:46:35 PM

Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 01:46:35 PM
I did a stupid thing last night, spun tires in a movie theater parking lot, and some kid had done a donut about a min before and the cop from inside was outside, and heard me take a corner to fast and the tire spin, and gave me a citation because he assumed that I was trying to copy the other kid and show off.... I got it for driving to endanger, and excessive noise....

I dont think I'm going to fight it. I dont know if I should or not, cause I just might make it worse, although the cop could not at ALL see me do it, all he did was hear it. I didnt realize I could get excessive noise without them having a decibel reading saying that I went over the allowed limit.....
Theres also another thing, I'm not insured on my moms car, which is what I was driving, they dont know that yet, but I think I might get by if I just say I did it and get my punishment, and if I fight I think they might figure it out. I have no idea, but I learned the hard way that I cant get away with speeding....(made a U turn in the parking lot to fast and thats why it spun).

Paul whats your opinion on this, what do you think the punishment might be? And anyone else that might have an idea.
Title: Need some info/advice about a Citation...
Post by: dw43935 on April 26, 2008, 02:11:00 PM
AS long as you show proof of insurance For the vehicle, you should be OK. I doubt if the court will check to make sure you as an individual are covered. ( I may also be wrong )As for the cop not actually seeing you do it, make sure there are no security cameras that may have caught it before you decide to fight it. And yes, I have heard of people being ticketed for excessive display of performance because of exhaust noise. Good luck dude! As you probably read, I'm fighting my own battle with traffic court. IT SUCKS!! $$$:burnout:
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 02:47:02 PM
Quote from: dw43935;215833
AS long as you show proof of insurance For the vehicle, you should be OK. I doubt if the court will check to make sure you as an individual are covered. ( I may also be wrong )As for the cop not actually seeing you do it, make sure there are no security cameras that may have caught it before you decide to fight it. And yes, I have heard of people being ticketed for excessive display of performance because of exhaust noise. Good luck dude! As you probably read, I'm fighting my own battle with traffic court. IT SUCKS!! $$$:burnout:


its a toyota matrix, its not the motor he ticket me for, it was excessive noise- for the tires spinning. theres not cameras in the back lot
Title: Need some info/advice about a Citation...
Post by: xjeffs on April 26, 2008, 04:17:54 PM
I thought you were considering buying a Cheby Citation.  I was going to say avoid it.

Good luck with the ticket.  What I've done is read the actual statute that he sited you for.  Then you'll know if you violated it and what proof he needs to say you did it.
Title: Need some info/advice about a Citation...
Post by: t3skidoo on April 26, 2008, 04:48:25 PM
Before you roll over without a fight and pay the ticket, call your insurance company and ask what's going to happen to your rates for the next decade.

If you didn't get cited for something (eg insurance) then don't worry about that, but definitely get a lawyer and fight the ticket.

If you're feeling guilty about doing something stupid, go to confession or do a good deed (eg feed a homeless person) until you feel better, but don't ever let that ticket get on your record.
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 05:09:13 PM
theres nothing to pay right now
thats gonna be determined in court. **** I really dont want to do this shiznit, I really ****ing dont.
I dont have insurance my mom is the only one with it. My cars not insured cause I cant drive it yet. I didnt realize this shiznit was gonna be such a pain in my ass.
Title: Need some info/advice about a Citation...
Post by: V8Demon on April 26, 2008, 06:01:44 PM
People borrow vehicles all the time.  Insurance is on the VEHICLE not the driver.  As far as traffic court is concerned this is a non-issue.  As far as the insurance company is concerned.......they're all different so who knows...
Title: Need some info/advice about a Citation...
Post by: HAVI on April 26, 2008, 06:43:48 PM
IMO, here in MN endangerment is a fairly serious offense.  The public defendant might get them to lower it to a wreckless or careless driving offense.  But where you live, they may have different laws.  Like xjeffs said, learn exactly what offense they are charging you with and what penalties are given from it.  Hopefully they drop the first charge, and only stick you with the excessive noise.
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 07:20:28 PM
On the FvC forum they are saying I should get a lawyer, and ask what they have to say about it.  I hope they drop the driving to endanger since the cop I dont think could have seen me do it, he was busy with the other truck that had whiped the donut, plus I had pulled out of my spot next to my buddys truck, once I got by the nose is when I turned the wheel tight and pushed on the gas a little more, once i realized I was spinning I let off, maybe 3-4 seconds. O man this is gonna suck....
Title: Need some info/advice about a Citation...
Post by: xjeffs on April 26, 2008, 07:38:25 PM
Can't you plead no contest and take traffic school?
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 07:42:01 PM
I have no clue
this is my first time ever in trouble with the cops
Title: Need some info/advice about a Citation...
Post by: V8Demon on April 26, 2008, 07:51:47 PM
What exactly were the laws violated as per the traffic summonses?  Please list the sections if you would.
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 07:54:35 PM
Once my mother gets me the paper, I will gladly post them.
Title: Need some info/advice about a Citation...
Post by: Haystack on April 26, 2008, 08:01:02 PM
unless you get out of it your license is gone. I got a wreckless driving ticket and they suspended my license.

I've been doing some googling, and driving to endanger is about the same as vehicular homicide... there's a bunch of news stories, including rhode islands 10 most wanted, which mentions driving to endanger charges as a result of death in a car accident.

There must either be alittle more to this story, or the cop really wanted to put you in your place...
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 08:04:38 PM
I swear thats all there is, and **** i hope not.
I swear if I lose my license im gonna flip the hell out, since MY car is actually almost done...
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 08:13:01 PM
Fing mass laws....
From Mass RMV:
"For many motor vehicle violations, the
penalties may be more severe if you hold a Junior Operator’s License, if you are under 21"
Im both......
Its not a civil violation its a criminal, I remember criminal being checked on the citation.
"Criminal motor vehicle violations are serious offenses. If you commit a criminal motor vehicle
violation, you may be arrested immediately, your vehicle may be towed, your license may be
taken away, and you may be placed in jail until a court hearing can be arranged. If you are
convicted of a criminal motor vehicle offense, the court will set any fine or prison term."

O god ....
"Note: In addition to any other penalty required by law, Massachusetts General Laws chapter 90, section
24p requires that any Junior Operator who is convicted of Operating Under the Influence (OUI), Operating
to Endanger, Leaving the Scene of an Accident, Drinking from an Open Alcohol Container, OUI with
Serious Bodily Injury, Unauthorized Use of a Motor Vehicle, Reckless/Negligent Operation, Loaning/
Allowing Another to Use Your License or Learner’s Permit, or Motor Vehicle Homicide will face a 180 day
suspension (in addition to any other suspension required by law) for a first offense, or a one year suspension
for any subsequent offense."

This sucks I dont want to lose my license for 6 months
Title: Need some info/advice about a Citation...
Post by: V8Demon on April 26, 2008, 08:13:28 PM
Like I said, post up the law sections....It will be easier to understand as there is a bit of guesswork involved at this particular time due to differing state laws.
Title: Need some info/advice about a Citation...
Post by: Haystack on April 26, 2008, 08:18:16 PM
check this link out.
http://www.rilin.state.ri.us/Statutes/TITLE31/31-27/INDEX.HTM
    *    § 31-27-1  Driving so as to endanger, resulting in death.
    *    § 31-27-1.1  Driving so as to endanger, resulting in personal injury.
    *    § 31-27-1.2  Driving so as to endanger, resulting in physical injury.

In there there is nothing that they can even tack you with. I couldn't find anything else that has "driving to endanger" associated with it.

Also, for exesive noise they have to prove that you were over 86 db in a 35 mph or slower speed limit. Most parking lots have no speed limits...
Title: Need some info/advice about a Citation...
Post by: Haystack on April 26, 2008, 08:19:46 PM
this was in rhode island right? judging by your signature...
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 08:37:10 PM
Nope mass, I was at the movies about 10 mins from my house....
Title: Need some info/advice about a Citation...
Post by: Haystack on April 26, 2008, 08:39:03 PM
it says right here http://www.masscriminaldefense.com/negligent.htm
A guilty verdict on the Massachusetts criminal charge of Negligent Operation of a motor vehicle, Operating to Endanger, or Driving to Endanger carries with it potentially serious penalties, including a criminal record that will follow you for the rest of your life.

All for what you probably thought was a simple traffic ticket. But don't give up, we can fight the charge, and win.

I've successfully defended many criminal motor vehicle offense, and I can often get a dismissal or the charges voided entirely, especially in cases where there is no damage or injury. There are a number of different defenses for a Operating to Endanger or Negligent Operation charges. To prove you guilty of these charges, the Commonwealth must prove that you were 1) Operating the Vehicle, 2) On a public way, and 3) Did so negligently, or so as to endanger.

So right there, you weren't trying to endanger anyone, and you weren't on a public road. So you should be pretty much in the clear.
Title: Need some info/advice about a Citation...
Post by: Haystack on April 26, 2008, 08:45:09 PM
To establish guilt for driving to endanger under G. L. c. 90, § 24(2)(a), the Commonwealth must prove that the defendant operated a motor vehicle negligently (or recklessly(3)) so as to endanger the lives or safety of the public "upon any way or in any place to which the public has a right of access . . . as invitees or licensees." Ibid. The defendant challenges the sufficiency of the evidence with respect to the element of negligent operation so as to endanger the lives and safety of the public.
Title: Need some info/advice about a Citation...
Post by: Haystack on April 26, 2008, 08:45:46 PM
all you have to do is prove that no one was in danger of dying....
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 26, 2008, 08:47:02 PM
awesome site!! Thanks a bunch! Hell might call the guy and talk with him and see what he says.
There was absoultly NO ONE in that lot I was in other then my buddy's in there truck, and they were not in any risk, because i didnt spin tires till past his truck!
Title: Need some info/advice about a Citation...
Post by: HAVI on April 26, 2008, 11:06:31 PM
typically a public defendant will plea the offense down to a lesser offense....in your case, dropping the endangerment, and accepting the excessive noise....seems like a decent plea.  The cop may have charged you with it all, but unless he's there to adamantly show the offense will stick, then I say you have a chance.  According to what you have typed, I'd say you have no choice but to fight it all the way.
Title: Need some info/advice about a Citation...
Post by: Carpimp1987 on April 27, 2008, 02:00:09 AM
i would not fight it to much unless you got a game plan for the court room or a lawyer on your side. 6 months is a super long time but you could save up a lot of money for car parts in that time.

Sorry to hear about the whole thing i hope it works out for you and if they try and punish you i hope its minor.
Title: Need some info/advice about a Citation...
Post by: 1WLD BRD on April 27, 2008, 07:56:36 AM
Quote from: Carpimp1987;215936
i would not fight it to much unless you got a game plan for the court room or a lawyer on your side. 6 months is a super long time but you could save up a lot of money for car parts in that time.

Sorry to hear about the whole thing i hope it works out for you and if they try and punish you i hope its minor.


how the Farck do you think he will be able to afford the insurance after the conviction of this offense if he just rolls over and takes it?

this is a CRIMINAL charge, not a HTA ticket....
Title: Need some info/advice about a Citation...
Post by: GrannysBird on April 27, 2008, 09:10:43 AM
Do yourself a favor and get a lawyer because you really really need one.
Title: Need some info/advice about a Citation...
Post by: jcassity on April 27, 2008, 10:04:14 AM
daboss
the reason why you are here is your fault.

the magnitude of your charge is over inflated imho.  You were jerking off in a public area like many people do.  You were excited and having fun thus you got carried away.  We all do it once in a while, male instinct i guess but still. 

Its a world of "eat them before they eat you" and since your new to the masses that go out and drive, they are trying to take you out right off the bat. 

Your best bet is to negotiate and accept "some" responsiblity but not to the the degree i can see this going in.

I suppose the officer is responsible for making an accurate assesment of the situation and charging people accordingly.  Suppose the officer was out of control with his/her charges like in your case.  Would not the officer be "LIBEL" and "LIABLE"????

If you can prove his Libelous statements are wreckless, he as a state representative can be held Liable.

This to me sounds very wreckless on both your parts so just tell the judge,, "lets call it even",,lol,, jk.

Gain access to the exact charges, research thier meaning and then roll with it from there.

There is no law preventing you from pressing charges against the officer/state for Libel today!  When you recipricate in this manner, it is viewed as going straight for the throat and will not be taken lightly,,, you will be taken serously.  Based on what you have provided, this appears to qualify as a decent libel case which could put you through college,,,lol
Title: Need some info/advice about a Citation...
Post by: Dansbirds on April 27, 2008, 10:44:45 AM
Went thru a similar thing once when I was younger, recieved a ticket I didnt feel I deserved and went to the traffic school deal and paid the fine but in the class the instructor was a police officer, he asked every person what they had done and there thoughts on it. Well my turn came and I told him what happened and how I felt it wasnt enough to warrant a ticket. He asked me had I ever done anything that should have gotten me a ticket but I got away with and of course the honest answer was yes. He then said we should call it even and after thinking about it paid my fine took my class and learned to be a tad more careful. It has been probably 15 years now since that happened and I have been stopped for minor things that only involved warnings( window tint) so I guess I learned
Title: Need some info/advice about a Citation...
Post by: LittleAngel1198 on April 27, 2008, 11:27:47 AM
WOW! I had no idea Haystack was an attorney and that he could practice in all states. good to know.... next time we get a traffic violation, he can defend us!

WOO HOO!
Title: Need some info/advice about a Citation...
Post by: Jim_Miller on April 27, 2008, 11:30:30 AM
Well I don’t know about all that “Libel, Liable” stuff but what I do know is if you were in Washington state (all states are different but the basic’s are the same)

No insurance: They did not cite you for this, so it’s no concern, very unlikely it will show up or even be brought up. As for the Vehicle being insured and not the driver, not necessarily. There are different types of insurance coverage. My Insurance covers my wife and myself, or the car if it is stolen. It will not cover somebody I let borrow my car. (I got a good discount to go this route) There is also a broad form insurance that I used to have, did not cover any particular car just covered ME in any car I drove. So that all depends on what insurance your mother has on the car. Bottom line though is you were not cited for insurance so don’t sweat it.

Excessive Noise: is not a moving violation, will not affect your insurance, and will be like a simple $35.00-$50. (could have gone up.. was like $35 in 1978-79)  fine or even less if you show you have corrected the problem (a receipt for new lers) if you don’t want new lers, then you simply eat the fine and be on your merry way. I’ve had 3-4 of these in my day.

Driving to Endanger: now THIS is a whole different ball game, as has been pointed out this is a criminal charge, (thus the no fine on the citation, It is mandatory appearance), can include JAIL TIME and loss of license, and a HUGE blow to your insurance. You are already a high risk as you know being a male under the age of 25. THIS is the one you need to worry about. And as was pointed out by GrannysBird you need a Lawyer and you need one ASAP. I have had 3-4 similar charges in my day, with mine they were called “Negligent Driving” ( I loved to spin those tires, and sliding sideways, what a rush)

It is my assumption based on the info you have given, that the cop put that one on there to get your attention, He wants’ to scare you and he wants’ it to cost you (lawyer fees) and he wants you to see what court is like now, to hopefully get your attention before you hurt somebody. He does not expect to make it stick (he didn’t actually see you, you say). As jcassity put it “the reason why you are here is your fault.  The magnitude of your charge is over inflated” . A lot of this depends what you said to the cop as he was citing you. If you kept it polite and offered no incriminating testimony (yes he wrote down anything such as
Officer: “You know why I pulled you over?”
You: “Yes for spinning my tires over there.”
Busted! That would be an admission of guilt (proper answer to that question would be “no sir”)

Get you a Lawyer and with any luck the “Driving to Endanger” will be dropped AT LEAST to a lesser non Criminal charge. And possibly you will just get the “Excessive Noise” and if you do then feel really, really blessed and watch yourself next time.

My expertise in this area is shall we say, from the inside out, I’m no Lawyer but having had all the citations (and many, many more) I list above in my first year of driving (21 total in the first year) and followed that with 15 years of a suspended license I have learned the hard way the difference between Moving, non moving, and Criminal offences.

Driving to Endanger, fight it with all you can, guilty or not!
Title: Need some info/advice about a Citation...
Post by: Haystack on April 27, 2008, 04:06:47 PM
Quote from: LittleAngel1198;215967
WOW! I had no idea Haystack was an attorney and that he could practice in all states. good to know.... next time we get a traffic violation, he can defend us!

WOO HOO!



I'm no lawyer. I just did a google and took a couple of quotes and interpreted them the way I read them. I wouldn't use a lawyer personally, but in this case it might be the best way to go...

A lesser charge would be wreckless driving, which I would guess would be a mandatory license suspension. I would fight it any way I could think of. Unless you get them to dismiss the charge, the judge is probably going to go pretty hard on you. a 16 year old kid is going to get harassed more then anyone else, because they want you to learn from it. I used to get pulled over all the time for doing similar things, and I just barely got my license back. I guess it was suspended since the day I turned 16 and got my first ticket for wreckless driving and 25 over in a 25 in a school zone.

I was a stupid kid that didn't pay any attention to the laws and I have paid for it. I have had my license suspended for no insurance at least 5 times, a couple of times for driving on a suspended license and one speeding ticket. Its taken me 5 years and nearly $5000 to get it back. The funny thing is, I got a dmv report on my driving record when I started the job I have now a little over one year ago and it said I had a clean driving record with no tickets and no arrests.

Just calm down alittle bit and try to learn from some of our mistakes. I'm lucky I didn't go to jail, and even luckier that I am able to drive at all. Its easy to say you learned from it, but just don't take it to the extreme I did. And just so everyone knows, I have only been pulled over twice, and only one time was I ever doing anything wrong. I'm not the best driver, but I don't speed hardly at all anymore and haven't been pulled over since I was 17. I learned from it.
Title: Need some info/advice about a Citation...
Post by: Jim_Miller on April 27, 2008, 04:49:06 PM
Quote from: Haystack;215993
I'm no lawyer.

Yea, yea, yea!
 
I wouldn't admit it either if I was one of those shifty no good....
 
:nannerbang:
 
(Ok, ok.. so I actually DO still have one resentment left from the Divorce)
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 27, 2008, 05:24:00 PM
Yea im ****ed.
we are locating a lawyer, talking to some police that we know and they said get a lawyer....
Offense 1
driving to endanger, number 90-24
offense 2
excessive objective noise- tires, number 90-16
Title: Need some info/advice about a Citation...
Post by: V8Demon on April 27, 2008, 05:38:47 PM
I'm gonna go on a limb and state that this is the part of 90-24 in question:  THe bulk of the section delt with DWI/DWUI

Quote
(2) (a) Whoever upon any way or in any place to which the public has a right of access, or any place to which members of the public have access as invitees or licensees, operates a motor vehicle recklessly, or operates such a vehicle negligently so that the lives or safety of the public might be endangered, or upon a bet or wager or in a race, or whoever operates a motor vehicle for the purpose of making a record and thereby violates any provision of section seventeen or any regulation under section eighteen, or whoever without stopping and making known his name, residence and the register number of his motor vehicle goes away after knowingly colliding with or otherwise causing injury to any other vehicle or property, or whoever loans or knowingly permits his license or learner’s permit to operate motor vehicles to be used by any person, or whoever makes false statements in an application for such a license or learner’s permit, or whoever knowingly makes any false statement in an application for registration of a motor vehicle, shall be punished by a fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both; and whoever uses a motor vehicle without authority knowing that such use is unauthorized shall, for the first offense be punished by a fine of not less than fifty dollars nor more than five hundred dollars or by imprisonment for not less than thirty days nor more than two years, or both, and for a second offense by imprisonment in the state prison for not more than five years or in a house of correction for not less than thirty days nor more than two and one half years, or by a fine of not more than one thousand dollars, or by both such fine and imprisonment; and whoever is found guilty of a third or subsequent offense of such use without authority committed within five years of the earliest of his two most recent prior offenses shall be punished by a fine of not less than two hundred dollars nor more than one thousand dollars or by imprisonment for not less than six months nor more than two and one half years in a house of correction or for not less than two and one half years nor more than five years in the state prison or by both fine and imprisonment. A summons may be issued instead of a warrant for arrest upon a complaint for a violation of any provision of this paragraph if in the judgment of the court or justice receiving the complaint there is reason to believe that the defendant will appear upon a summons.

There shall be an assessment of $250 against a person who, by a court of the commonwealth, is convicted of, is placed on probation for or is granted a continuance without a finding for or otherwise pleads guilty to or admits to a finding of sufficient facts of operating a motor vehicle negligently so that the lives or safety of the public might be endangered under this section; but $125 of the $250 collected under this assessment shall be deposited by the court with the state treasurer into the Head Injury Treatment Services Trust Fund and the remaining amount of said assessment shall be credited to the General Fund. At the discretion of the court, an assessment under this paragraph may be reduced or waived only upon a written finding of fact that such payment would cause the person against whom the assessment is imposed severe financial hardship. Such a finding shall be made independently of a finding of indigence for purposes of appointing counsel. If the person is sentenced to a correctional facility in the commonwealth and the assessment has not been paid, the court shall note the assessment on the mittimus.
Title: Need some info/advice about a Citation...
Post by: V8Demon on April 27, 2008, 05:40:49 PM
And the 90-16


Quote
Chapter 90: Section 16. Offensive or illegal operation of motor vehicles


Section 16. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in or over any way, public or private, whether laid out under authority of law or otherwise, which motor vehicles are prohibited from using, provided notice of such prohibition is conspicuously posted at the entrance to such way. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated upon any way, except fire department and fire patrol apparatus, unless such motor vehicle is equipped with a ler to prevent excessive or unnecessary noise, which ler is in good working order and in constant operation, and complies with such minimum standards for construction and performance as the registrar may prescribe. No person shall use a ler cut-out or by-pass. No person shall operate a motor vehicle on any way which motor vehicle is equipped (1) with a ler from which the baffle plates, screens or other original internal parts have been removed and not replaced; or (2) with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust. No person operating a motor vehicle shall sound a bell, horn or other device, nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise, nor permit to escape from such vehicle smoke or pollutants in such amounts or at such levels as may violate motor vehicle air pollution control regulations adopted under the provisions of chapter one hundred and eleven. No siren shall be mounted upon any motor vehicle except fire apparatus, ambulances, vehicles used in official line of duty by any member of the police or fire fighting forces of the commonwealth or any agency or political subdivision thereof, and vehicles owned by call fire fighters or by persons with police powers and operated in official line of duty, unless authorized by the registrar. No person shall use on or in connection with any motor vehicle a spot light, so called, the rays from which shine more than two feet above the road at a distance of thirty feet from the vehicle, except that such a spot light may be used for the purpose of reading signs, and as an auxiliary light in cases of necessity when the other lights required by law fail to operate.

No person, except a duly authorized person driving an emergency fire vehicle, shall operate a motor vehicle equipped with metal studded tires upon a public way between May the first and November the first; provided, however, the registrar may authorize the use of such tires before November the first, if weather conditions require the use thereof. Whoever violates the provisions of this paragraph shall be punished by a fine of not more than fifty dollars.
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 27, 2008, 05:50:03 PM
yea we talked to a ex cheif, said I need a lawyer and most likely will be charged as an adult. ****ing ah man, I dont think im gonna be able to do this.... I dont do well in high stress situations....
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 27, 2008, 05:58:26 PM
Prob gonna put the mark up for sale(not that im gonna get what I want for it, and I REFUSE to part it), and ill be lucky if my father doesnt sell the stang on me....
I give up...
Title: Need some info/advice about a Citation...
Post by: LittleAngel1198 on April 27, 2008, 06:17:55 PM
Quote from: Haystack;215993
I'm no lawyer.

WHAT???? I am in shock! After all,  it sounded like that was what you were saying in this statement....

Quote
I've successfully defended many criminal motor vehicle offense, and I can often get a dismissal or the charges voided entirely, especially in cases where there is no damage or injury.



Sounds like you were indicating that you have defended many of these kinds of cases.... like a real lawyer. Maybe you should state that from now on when you are trying to give law advice. I mean, you could set someone up for a big fall just because you "looked it up on google" and that's ''what you interpreted the law to say".

I would suggest that DaBoss get a real lawyer rather than someone who tries to sound like one online. ;)
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 27, 2008, 06:18:49 PM
Quote from: LittleAngel1198;216020
WHAT???? I am in shock! After all,  it sounded like that was what you were saying in this statement....





Sounds like you were indicating that you have defended many of these kinds of cases.... like a real lawyer. Maybe you should state that from now on when you are trying to give law advice. I mean, you could set someone up for a big fall just because you "looked it up on google." and "that's how you interpreted the law to say".

I would suggest that DaBoss get a real lawyer rather than someone who tries to sound like one online. ;)

He copied that off the website wrote by a lawyer..... I knew that when I read it
Title: Need some info/advice about a Citation...
Post by: LittleAngel1198 on April 27, 2008, 06:24:11 PM
Good to know that you understood that. However, there are some 'kids' who might come here and take what he says about it as coming from him. His statement that he has defended many criminal motor vehicle offenses, and  often gotten a dismissal or the charges voided entirely,  indicates that he is a lawyer.
This can be misleading to people and if someone were to take it as coming from him, thinking he's a lawyer and has actually been to court to defend these types of things, they could go to court using the information from him and get their azzes handed to them on a plate.

like I said, it's just better to not try to sound like something you aren't so others don't get hurt from it.
Title: Need some info/advice about a Citation...
Post by: daboss351 on April 27, 2008, 06:27:28 PM
understood.
I dont know what we doing about a lawyer... I should have not left the little lot I should have parked the car....

You dont even know how hard it was not to BOLT from that lot, his radio didnt work, and he had no cruiser, I was SO tempted to bolt, but all I knew at the point when I saw him is i couldnt outrun a radio..... So logic took over and I got what was coming....
Title: Need some info/advice about a Citation...
Post by: Haystack on April 27, 2008, 11:28:01 PM
running is never a good idea... I posted right above that, check out this link, I didn't even read all of it, I just meant to copy and paste the part about getting off if it wasn't on a public road, and when there was no injury...

any traffic ticket given to a 16 year old is being tried as an adult. Or so I would assume. Don't spend alot on a lawyer. I would try to get it reduced to something lesser, such as wreckless driving. If they tried to charge you with the full charges, then I would apeal it and then get a lawyer. Or you could always throw yourself on the mercy of the court and say it was an accident you didn't mean for that to happen.
 But honestly, if the officer wasn't on duty, I don't see why he would give you a ticket. Also, if you really want to piss off the officer, when he comes in to testify on the courts behalf, ask him if he is on the clock. If he is, its illegal to be paid for a testimony and make him  come in on his day off. I saw someone do that once.
Title: Need some info/advice about a Citation...
Post by: jcassity on April 28, 2008, 12:14:06 AM
Quote from: LittleAngel1198;216022
Good to know that you understood that. However, there are some 'kids' who might come here and take what he says about it as coming from him. His statement that he has defended many criminal motor vehicle offenses, and  often gotten a dismissal or the charges voided entirely,  indicates that he is a lawyer.
This can be misleading to people and if someone were to take it as coming from him, thinking he's a lawyer and has actually been to court to defend these types of things, they could go to court using the information from him and get their azzes handed to them on a plate.

like I said, it's just better to not try to sound like something you aren't so others don't get hurt from it.


looks like your the only one who misunderstood so its safe to say the people who count understood.
Title: Need some info/advice about a Citation...
Post by: V8Demon on April 28, 2008, 05:03:18 AM
Scott, 
  She never said she misunderstood....She stated someone else MIGHT Who said she didn't count?

Daboss....I would suggest not going into detail concerning the stop.  Saying you were stopped and receiveing the summonses for X and Y are one thing.....  No more specifics.  You seem to have an idea what you want to do.  Go with it if you and your family and counsel feel it is correct. 

Good Luck!
Title: Need some info/advice about a Citation...
Post by: LittleAngel1198 on April 28, 2008, 02:33:19 PM
Thanks V8, at least you and DaBoss understood where I was coming from.
As for Scott's comment about me and not counting.... it's his opinion, and you know what they say about opinions. ;)

I would also say that it's not a good idea to post all the details of what happened online.  Chances of the court/officer finding what you've said here are probably pretty slim. However, there is an off chance that someone of significance could see it and use it against you.
I have a friend who is going through a worker's comp issue right now and her lawyer told her not to say anything online about the details till after the case is over, for that reason.
It just covers your azz.
Title: Need some info/advice about a Citation...
Post by: HAVI on April 28, 2008, 08:43:04 PM
I've said it all along, public defender.  Don't ask me how I know, lol.
Title: Need some info/advice about a Citation...
Post by: LittleAngel1198 on April 29, 2008, 06:56:50 AM
How do you know??? :D
Title: Need some info/advice about a Citation...
Post by: jcassity on April 29, 2008, 09:16:03 AM
Quote from: LittleAngel1198;216154

As for Scott's comment about me and not counting.... it's his opinion, and you know what they say about opinions. ;)


Yes i do and apparently my first point has been proven above.  You took the conversation to a new level  by calling me a what?  that just isnt right.  I dont know you nor have you ever pm'd me or had any disucssion with me, but you call me an a-hole. 

My point was that everything was fine up to post 31 and you made an observation and decide to be sarcastic and build up haystack to the level you know full well he is not.  He isnt  lawyer, i know that,you know that but for some odd reason, you think a "kid" might come to a "car" site to get legal help.

If a kid comes to a car site to get legal help, shame on him.  To get advise, yes and understandable but not real help.


Pressing forward , i noticed after haystack replied then you grounded him or put him in his place.  He replied, he elaborated, he explained himself, that should have been the end of it.  Nope, you had to shame him.

Perhaps you did not notice that the level of detail and effort haystack put in was genuine and thoughtful.  Everyone here knew haystack was pulling good info from resources, and everyone here knows haystack is not a lawyer,, being sarcastic about him being one only to cut him down was not right.
I was actully impressed cause i dont see that too often out of him but that again is just my opinion.

My wording could have been better but i meant no harm,, I should have said something along the lines of "the two of them (haystack et daboss) know what the scoop is.

my comments were just comments but did contribute to the thread athough the really do not add to the conversation between daboss or haystack , therefore they dont really count for much.  Your comments distracted the thread topic but you did have a point to make.  I suppose its the way you make your point that matters.

you do matter, but your comments and the subtance of your reasoning really did not make much sense.  Anybody with sense woudl not come to a car site for "legal" help, advise yes but not genuine legal help.

This was up to post 31 , an informative thread most of which haystacks labor was helpful.  Tearing down his good feeling of helping someone becaue he did not follow your standard operating procedure isnt right.

I know all this typing did no good, sorry for the rant.  I dont know haystack from the next guy, i do know that hes been around a long time and with experience, i can say nearly half the time he types something, people shut him down.  there is a time and a place for everyting , this wasnt the time to distract a good thread in need of help with minor bs we all understood as a given., ie- haystack isnt a lawyer nor am i an Asshole.
Title: Need some info/advice about a Citation...
Post by: V8Demon on April 29, 2008, 11:31:21 AM
For the record the expression is:  Opinions are like *****, everyone has one.


Taking that into account, I fail to see how anyone was called a name.


Daboss, again Good Luck!

IBTL
Title: Need some info/advice about a Citation...
Post by: LittleAngel1198 on April 29, 2008, 12:58:54 PM
Quote from: jcassity;216292
Yes i do and apparently my first point has been proven above.  You took the conversation to a new level  by calling me a what?  that just isnt right.  I dont know you nor have you ever pm'd me or had any disucssion with me, but you call me an a-hole. 

My point was that everything was fine up to post 31 and you made an observation and decide to be sarcastic and build up haystack to the level you know full well he is not.  He isnt  lawyer, i know that,you know that but for some odd reason, you think a "kid" might come to a "car" site to get legal help.

If a kid comes to a car site to get legal help, shame on him.  To get advise, yes and understandable but not real help.


Pressing forward , i noticed after haystack replied then you grounded him or put him in his place.  He replied, he elaborated, he explained himself, that should have been the end of it.  Nope, you had to shame him.

Perhaps you did not notice that the level of detail and effort haystack put in was genuine and thoughtful.  Everyone here knew haystack was pulling good info from resources, and everyone here knows haystack is not a lawyer,, being sarcastic about him being one only to cut him down was not right.
I was actully impressed cause i dont see that too often out of him but that again is just my opinion.

My wording could have been better but i meant no harm,, I should have said something along the lines of "the two of them (haystack et daboss) know what the scoop is.

my comments were just comments but did contribute to the thread athough the really do not add to the conversation between daboss or haystack , therefore they dont really count for much.  Your comments distracted the thread topic but you did have a point to make.  I suppose its the way you make your point that matters.

you do matter, but your comments and the subtance of your reasoning really did not make much sense.  Anybody with sense woudl not come to a car site for "legal" help, advise yes but not genuine legal help.

This was up to post 31 , an informative thread most of which haystacks labor was helpful.  Tearing down his good feeling of helping someone becaue he did not follow your standard operating procedure isnt right.

I know all this typing did no good, sorry for the rant.  I dont know haystack from the next guy, i do know that hes been around a long time and with experience, i can say nearly half the time he types something, people shut him down.  there is a time and a place for everyting , this wasnt the time to distract a good thread in need of help with minor bs we all understood as a given., ie- haystack isnt a lawyer nor am i an Asshole.

WOW! Ok, first of all, no where did I call you an a-hole. I don't know you from a hole in the ground so I don't know what your problem is, but build a bridge and get over it.

Second, I believe I explained myself. I wasn't putting Haystack down in any way. I did not know Haystack wasn't a lawyer ( I don't know Haystack)....I posted the reason I thought he was, I gave an example. Did I get sarcastic? Maybe, but it was to get a point across.



So, Scott, to help you out...

(http://img.photobucket.com/albums/v452/LittleAngel1198/carbon_river_wooden_bridge.jpg)
There ya go, find your own way across. (Yes, sarcasm was intended)
Title: Need some info/advice about a Citation...
Post by: Cougar5.0 on April 29, 2008, 02:17:16 PM
Children, stop fighting!

DaBoss,

I grew up in Mass and had a few run-ins with the law myself ;)

In this case, the lawyer is a good idea - I had one for the more serious stuff - they can chum around with a person or two and likely get this downgraded so long as you just stay quiet with your tail between your legs - wearing your best clothes of course :D

I went so far as to file a case in Superior Court against the officer who had violated my rights (I studied the law in the library and learned how to file a case on my own without a lawyer in this case). I then got a lawyer and the DA practically begged me to drop the case so long as I would agree to a minor infraction. That worked out well. Stay calm, do your homework and remind yourself that you were not intending to do any harm (it helps to feel that you have the moral high-ground). I wouldn't say all this if I thought you were a guilty ass-hole :D
Title: Need some info/advice about a Citation...
Post by: jcassity on April 30, 2008, 09:25:02 AM
Quote from: LittleAngel1198;216154
it's his opinion, and you know what they say about opinions. ;)

with the wink at the end knowing full well what the next line is,, "they are like assholes"
you did leave that rather open to interpertation.


Quote from: LittleAngel1198;216325

Did I get sarcastic? Maybe, but it was to get a point across.

you did not know he was a lawyer but you predetermined you had a point to make.

Quote from: LittleAngel1198;216154

As for Scott's comment .

you dont find it rude to be calling me scott?  Ive introduced myself to a few here and thats kinda like one of those lines you dont cross until you feel comfortable doing so.  I happen across you name once in a while but i dont really think its polite to address you until i think im allowed.

daboss
I would have never thought to keep the details out off the web so of all the advise here, i rate that advice top shelf.  Man, i hope you can work through this as major of a deal as this minor situation has become.  One thing life has taught me,, Its not who is right or wrong but, who can debate the best.  When you debate the situation your in, honest and truthful ovservations will show that the hammer ishiznitting you rather hard.  I read those MA laws relating to young drivers and they are very strict to say the least.
Title: Need some info/advice about a Citation...
Post by: stuntmannick on April 30, 2008, 09:52:13 AM
I just skimmed over your post, by the sounds of it, the cop didn't see shiznit.  Now depending on how you handled your encounter with the cop, he can't prove that.  Now as far as the noise ticket is concerned, I'm not sure.  There's a saying: if the tree's poisoned, so is the fruit.  Your lawyer should help a lot.