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Fighting a careless driving ticket

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Old 01-10-2011, 11:16 PM
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Fighting a careless driving ticket

Here's the situation: I was pulled over a month or so ago for careless driving. The cop claims I was doing 80 down this main drag of town, ran from him down side streets doing 80, ran stop signs, and basically ran from him. He never clocked me, and was never behind me until I was at a red light. He said I "must have been doing 80". I asked him if he clocked me, he said no, and I said I was doing the speed limit the whole time. He also put his lights on behind another car about a half mile behind me, which was another silver G, just like mine (that's the truth, lol). I go to court tomorrow to plead not guilty, then I get another court date or whatever for an actual hearing. Do I have a good chance, given the circumstance, of getting the reduced to a speeding ticket? I will cop for that, but not 80 in a 35. I'll admit to 50 in a 35, and see if they'll work with me. Thoughts?
 
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Old 01-10-2011, 11:33 PM
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Im not sure about the speeding ticket, I mean if he had no radar and he didnt tail gate to get your speed, then yea mabey your could get away with it. About the rest depending on your driving record they may tell you to do school to take off points but your going to end up paying fines. Dont know the laws in NV.
 
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Old 01-10-2011, 11:41 PM
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I'm not trying to get off scotch free. But im not trying to get a careless driving ticket, either. Speeding tickets don't show up on your record here, or at least mine lol. My record is clean, I check it once a month. He was never close enough until I stopped to clock me either. So he has proof of nothing. Nor do the police out here take speed judgement classes. So I think I can get it down to just a speeding ticket.
 
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Old 01-11-2011, 12:07 AM
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you have no idea what you fighting against until you do it right.

You need to obtain all of the documents that court has against you (discovery). Get a lawyer and get coached.

If it is what you say it is...........you got a winning case.
 
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Old 01-11-2011, 12:26 AM
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How do I go about obtaining these documents?
 
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Old 01-11-2011, 12:35 AM
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Something doesnt add up though. You wouldnt get a careless for 80 in a 35 it would be an automatic reckless and you would have went to jail. Without knowing the officers line of sight on the ticket you will never know how to fight it. In my opinion i would goto court on merit that the officer has nothing to back his case on. I know you say you may have been speeding, but admitting going 50 in a 35 is not your best defense and will show you probably were guilty of what the officer was implying. Your best bet is to claim not guilty and try to prove it was a different G as you were saying and let judge interrogate the cop to find out what his side of the story is. Dont try and tell the judge what you want rather let him decide and give you what he deserves. The worst that can happen is you pay the court fee and are found guilty atleast you tried.
 
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Old 01-11-2011, 12:43 AM
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Regardless if I was speeding or not, he was out of his car when he saw me. He was at a gas station. He then had to get in his car and "chase" me, then assume everything. I am definitely gonna get a lawyer. My job is a driver and if I get a careless, I may lose my job. Otherwise I would have payed it, lol.
 
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Old 01-11-2011, 12:46 AM
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Admitting you were speeding makes you look guilty though. Its like saying to a cop hey i was going with the flow of traffic, but doing 80 in a 60. Your still doing 20mph over. See the logic. Thats your best bet to get a lawyer though.
 
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Old 01-11-2011, 12:48 AM
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Originally Posted by NachoCheese
How do I go about obtaining these documents?
every state is different, I don't know how it's done in your state. Get an attorney.
 
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Old 01-11-2011, 10:53 AM
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Nacho, admit nothing you never saw his red lights and you were not exceeding the speed limit. This office must be a new, you couldn't possibly been guilty of any of these charges and there was another G35 involved with the exact same color. What the....?
Gary
 
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Old 01-11-2011, 11:07 AM
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Definitely get a lawyer...cause you have to look at it like this...if he was out the car and broke line of sight...then you have a case...but they are gunna ask where did the other G go? if its your word against his..you'll lose every time unless you have proof. and my thinking..if you were indeed running from him..like the cop said...why would you stop at a light? my 2 cents
 
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Old 01-11-2011, 11:35 AM
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I'd hope that the cop doesn't have a onboard camera. If he does you're pretty much screwed because even without clocking you it'll be obvious that you were going more then the posted 35.

The real question is though... if you're a driver and dependent on having a license why the hell would you risk it and go 15-45 mph over the limit? Seems you screwed yourself on this one.
 
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Old 01-11-2011, 11:43 AM
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In my experience, at the pretrial you will have a chance to talk to the prosecutor. He couldn't care less and will not want to hear your story (save that for the trial). If he gives you the option of defensive driving or deferred disposition (also called deferred adjudication), take it. He is the prosecutor so don't admit guilt, but don't lie. Better not to give any facts at all about your case. If you don't get the option of defensive driving, or deferred, and he won't even lower the charge, then plead not guilty and get a lawyer.

Deferred, if that is an option in your state, usually means you have to pay a fine, take def driving, and not get another ticket for a period of time (3-6mo in my experience). If you make it through that period, the ticket is dropped.

Let us know how the pretrial goes. Good luck.
 
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Old 01-11-2011, 12:07 PM
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Originally Posted by gary c
Nacho, admit nothing you never saw his red lights and you were not exceeding the speed limit. This office must be a new, you couldn't possibly been guilty of any of these charges and there was another G35 involved with the exact same color. What the....?
Gary
Its hard to sense your sarcasm sometimes so I don't know how to take this, lol. But there was another G. He's a members here and I've hung out with him before. I will not toss him to save myself, but he was in fact there. I just stepped out of the courtroom with a not guilty plea. I'll let you guys know how the rest of this goes when I'm done.
 
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Old 01-11-2011, 12:09 PM
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And Brandon, you're right. I will get to see a prosecutor to try and resolve this before trial. But if it's like you explain, i'll likely go to trial anyways.
 


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