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Topic: Need some info/advice about a Citation... (Read 4104 times) previous topic - next topic

Need some info/advice about a Citation...

Reply #30
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!
:cougarsmily:~Karen~

Need some info/advice about a Citation...

Reply #31
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!
:birdsmily:   Objects In Mirror Appear to be Loosing  :birdsmily:

Need some info/advice about a Citation...

Reply #32
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.
Quote from: jcassity
I honestly dont think you could exceed the cost of a new car buy installing new *stock* parts everywhere in your coug our tbird. Its just plain impossible. You could revamp the entire drivetrain/engine/suspenstion and still come out ahead.
Hooligans! 
1988 Crown Vic wagon. 120K California car. Wifes grocery getter. (junked)
1987 Ford Thunderbird LX. 5.0. s.o., sn-95 t-5 and an f-150 clutch. Driven daily and going strong.
1986 cougar.
lilsammywasapunkrocker@yahoo.com

 

Need some info/advice about a Citation...

Reply #33
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)
:birdsmily:   Objects In Mirror Appear to be Loosing  :birdsmily:

Need some info/advice about a Citation...

Reply #34
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
RIP 1988 and 1990 Lincoln Mark VII LSC
I welcomed the dark side and currently am driving a 2000 Dodge Durango SLT plus, with a 5.9, Code named project "Night Runner"
Shes black on black, fully loaded, with headers, 180 tstat, e fan, straight exhaust into a cherry bomb vortex ler, full tune up, ported intake and T/B, MSD coil, and round aircleaner.
Mods to come: Fully rebuilt and heavily modded 46RE, and a richmond rachet locker.
my $300 beater ;)
R.I.P Kayleigh Raposa 12/18/90 - 2/24/07

Need some info/advice about a Citation...

Reply #35
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.
-- 05 Mustang GT-Whipplecharged !!
--87 5.0 Trick Flow Heads & Intake - Custom Cam - Many other goodies...3100Lbs...Low12's!

Need some info/advice about a Citation...

Reply #36
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.
-- 05 Mustang GT-Whipplecharged !!
--87 5.0 Trick Flow Heads & Intake - Custom Cam - Many other goodies...3100Lbs...Low12's!

Need some info/advice about a Citation...

Reply #37
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....
RIP 1988 and 1990 Lincoln Mark VII LSC
I welcomed the dark side and currently am driving a 2000 Dodge Durango SLT plus, with a 5.9, Code named project "Night Runner"
Shes black on black, fully loaded, with headers, 180 tstat, e fan, straight exhaust into a cherry bomb vortex ler, full tune up, ported intake and T/B, MSD coil, and round aircleaner.
Mods to come: Fully rebuilt and heavily modded 46RE, and a richmond rachet locker.
my $300 beater ;)
R.I.P Kayleigh Raposa 12/18/90 - 2/24/07

Need some info/advice about a Citation...

Reply #38
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...
RIP 1988 and 1990 Lincoln Mark VII LSC
I welcomed the dark side and currently am driving a 2000 Dodge Durango SLT plus, with a 5.9, Code named project "Night Runner"
Shes black on black, fully loaded, with headers, 180 tstat, e fan, straight exhaust into a cherry bomb vortex ler, full tune up, ported intake and T/B, MSD coil, and round aircleaner.
Mods to come: Fully rebuilt and heavily modded 46RE, and a richmond rachet locker.
my $300 beater ;)
R.I.P Kayleigh Raposa 12/18/90 - 2/24/07

Need some info/advice about a Citation...

Reply #39
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. ;)
:cougarsmily:~Karen~

Need some info/advice about a Citation...

Reply #40
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
RIP 1988 and 1990 Lincoln Mark VII LSC
I welcomed the dark side and currently am driving a 2000 Dodge Durango SLT plus, with a 5.9, Code named project "Night Runner"
Shes black on black, fully loaded, with headers, 180 tstat, e fan, straight exhaust into a cherry bomb vortex ler, full tune up, ported intake and T/B, MSD coil, and round aircleaner.
Mods to come: Fully rebuilt and heavily modded 46RE, and a richmond rachet locker.
my $300 beater ;)
R.I.P Kayleigh Raposa 12/18/90 - 2/24/07

Need some info/advice about a Citation...

Reply #41
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.
:cougarsmily:~Karen~

Need some info/advice about a Citation...

Reply #42
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....
RIP 1988 and 1990 Lincoln Mark VII LSC
I welcomed the dark side and currently am driving a 2000 Dodge Durango SLT plus, with a 5.9, Code named project "Night Runner"
Shes black on black, fully loaded, with headers, 180 tstat, e fan, straight exhaust into a cherry bomb vortex ler, full tune up, ported intake and T/B, MSD coil, and round aircleaner.
Mods to come: Fully rebuilt and heavily modded 46RE, and a richmond rachet locker.
my $300 beater ;)
R.I.P Kayleigh Raposa 12/18/90 - 2/24/07

Need some info/advice about a Citation...

Reply #43
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.
Quote from: jcassity
I honestly dont think you could exceed the cost of a new car buy installing new *stock* parts everywhere in your coug our tbird. Its just plain impossible. You could revamp the entire drivetrain/engine/suspenstion and still come out ahead.
Hooligans! 
1988 Crown Vic wagon. 120K California car. Wifes grocery getter. (junked)
1987 Ford Thunderbird LX. 5.0. s.o., sn-95 t-5 and an f-150 clutch. Driven daily and going strong.
1986 cougar.
lilsammywasapunkrocker@yahoo.com

Need some info/advice about a Citation...

Reply #44
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.