Had a big "fail" in the STR yesterday...boned bad on this one
#21
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^ That is something i am interested in...can you send me more details on it?
charges are reckless driving, speeding class D felony reckless endangerment, racing on highway. I was not a dick to the cops, in fact i didnt say a word when they cuffed me. They also wrote down that i didnt stop for almost a mile and that they decided not to charge fleeing and eluding. I saw the lights and jammed the brakes so im not sure who they are kidding. Needless to say im pissed, but i've got my attorney hired already and he is one of the best in the area. Not cheap either. I bet this is going to cost me $5000 all said and done.
charges are reckless driving, speeding class D felony reckless endangerment, racing on highway. I was not a dick to the cops, in fact i didnt say a word when they cuffed me. They also wrote down that i didnt stop for almost a mile and that they decided not to charge fleeing and eluding. I saw the lights and jammed the brakes so im not sure who they are kidding. Needless to say im pissed, but i've got my attorney hired already and he is one of the best in the area. Not cheap either. I bet this is going to cost me $5000 all said and done.
#22
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damn, my biggest ticket was 68 in a 35 (it was 55 down the road but turns into a "residential" bc of the kmart and walmart) and yes, this state sucks, if you pay the price, i think its like $200 and something for every 2 points. then you dont get points on your license. like it was stated above, legal bribery. This is why my 'speed car' is a 78 camaro, tops out at 120, but gets there damn quick haha
#23
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They can always lie about everything once you're in court and the sympathy level is going to be very low given the speed involved.
Do judges ever take the defendants word over that of the officer in these sort of cases?
I've watched 75 or so of these cases while waiting to get my traffic violation reduced to zero points via legal bribery. Yes, bribery is legal here in NJ. You look surprised?
My observation, Christians 0 Lions 75.
Do judges ever take the defendants word over that of the officer in these sort of cases?
I've watched 75 or so of these cases while waiting to get my traffic violation reduced to zero points via legal bribery. Yes, bribery is legal here in NJ. You look surprised?
My observation, Christians 0 Lions 75.
eg: Lidar speeding. Two year delay. Requested the Lidar gun, documentation and the officers written certifications. First question of the Judge "has the Court taken Judicial Notice" of the Lidar technology. Answer "No". Show request/cause for above. Ask officer for the Lidar gun. Ask officer for Lidar documentation and written certifications. Answer "didn't bring them". Ask officer if his marked pursuit vehicle is parked directly in front of the Court House in the No Parking Zone to the left of the front entrance. After an evasive back in forth he finally admitted "Yes". Ask officer if the Lidar gun was sitting on the passenger seat. After an evasive back and forth he finally admitted "Yes". Ask Judge for a short recess so that the officer can retrieve the Lidar gun, documentation and his written certifications. Caught in the first lie and it was downhill from then on. Court resumes. Ask the officer that I heard him state in his opening remarks three times that "the Lidar gun was deadly accurate". I ask the officer what he meant by that to which he testified that it was deadly accurate at measuring speed. I submit written documentation from the manufacturer that the Lidar gun didn't measure speed it measured light. This went on for over a hour. You get the picture. Having made three trips to this Judge's courtroom before trial I noticed twice that when a defendant made a compelling argument the Judge would ask "Is it possible you were doing even 1mi over the speed limit". One answered yes - guilty. One answered no - dismissed. When the Judge asked me the same question guess what my answer and outcome was.
eg. Instant On Radar. Same copper got "she who must be obeyed" and me in the same month. One year delay. Both trials set for the same day. For the uninitiated Courts bundle violations written by the same copper for a morning or afternoon - it's efficient. The copper was a motorcycle operator with a reputation for chasing anyone. Well a couple of weeks before trial I read in the newspaper he had pushed his luck chasing a corvette and lost his life. Day of court I'm up first. Judge informs me that the officer is deceased and how would I like to proceed. I answer dismissed with prejudice. The judge informs me that he could stay the proceedings. The judge did this to bounce the ball back to the prosecutor. I point out to the Judge that the rules of evidence do not allow for a substitute witness, I will not plead down and the Judge has the power to dismiss with prejudice. Judge - dismissed. With the courts indulgence Your Honour I am representing my wife on a Traffic Violation written by the same office which is on your docket for today. With the courts indulgence could we deal with this matter now. Judge - "are you making the same pleadings and relying on the same arguments". Yes. Judge - "dismissed you are luck man today". My condolences to the family of the officer.
I got more but these were the last three I took to trial pro se.
Delay - delay - delay and do your homework. That and sometimes a little luck doesn't hurt.
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#24
#26
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^ That is something i am interested in...can you send me more details on it?
charges are reckless driving, speeding class D felony reckless endangerment, racing on highway. I was not a dick to the cops, in fact i didnt say a word when they cuffed me. They also wrote down that i didnt stop for almost a mile and that they decided not to charge fleeing and eluding. I saw the lights and jammed the brakes so im not sure who they are kidding. Needless to say im pissed, but i've got my attorney hired already and he is one of the best in the area. Not cheap either. I bet this is going to cost me $5000 all said and done.
charges are reckless driving, speeding class D felony reckless endangerment, racing on highway. I was not a dick to the cops, in fact i didnt say a word when they cuffed me. They also wrote down that i didnt stop for almost a mile and that they decided not to charge fleeing and eluding. I saw the lights and jammed the brakes so im not sure who they are kidding. Needless to say im pissed, but i've got my attorney hired already and he is one of the best in the area. Not cheap either. I bet this is going to cost me $5000 all said and done.
You don't want a felony eluding charge - it's a class C felony and you would see a cell for that. My brother was charged with it back in the day when he was young and dumb.
I don't really think a eluding charge would really stick if you WERE traveling at the claimed 146 mph when the stop was initiated, you were traveling 2.2 miles a minute. So a stopping distance of a mile, indicates what say 10 seconds of not noticing you were getting pulled over, then braking from that speed to zero.
The key here is to try to plea down the criminal charge. You really don't want to be a convicted felon. If you can get it dropped down to a misdemeanor you will save yourself a lot of future agida.
Now, was there another vehicle involved? I understand the reckless and speeding, and the reckless endangerment, but I don't know if they can charge racing on highway with a solo run, you MIGHT be able to get that one amended. Do you have an NJ DL?
Take care,
George
#27
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Were you actually racing? Racing usually entails another racer, and no, the clock doesn't count. Exhibition driving would be a better description. As you are obviously discovering, they throw everything at you whether it applies or not. They're likely already trying to get you on the no-fly list and just about everything else they feel like. Unfortunately, it's less about public safety, and more about money, money, money. It's sad that when they bring someone up on charges these days, they literally mean $charges$.
Best of luck to you, because I'm sure the situation was an empty highway and you had the need to properly lubricate your speedometer. We wouldn't want it to develop a flat spot between 55-65, now would we?
Best of luck to you, because I'm sure the situation was an empty highway and you had the need to properly lubricate your speedometer. We wouldn't want it to develop a flat spot between 55-65, now would we?
#28
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One tact used till recently, when NY began serving computer generated depositions at the time of stop: Plead not guilty with a request for a supporting deposition. When recieve the deposition look it over carefully for errors, then capitalize on them when asking for a dismissal due to an error on original citation. If no errors on deposition: Throw it away. Then two weeks before trial write a letter to the officer and the court stating that you haven't recieved the supporting deposition as requested and that time is of the essence due to the impending trial date. Write the certified mail tracking number on the letter to authenticate it. Make a copy of this letter and throw out the original. Send an empty certified-return reciept (using same tracking reciept with CM number as what's on letter) envelope to the court using your work address in the upper left. They'll recieve an empty envelop but must sign the CM tracking reciept proving your "ghost" letter was recieved by the trooper. Call the police agency from a phone not belonging to you (as a means to show diligence and earnest in contacting the trooper because your concerned of not exercising your legal right to depose the officer before trial). When someone answers don't speak but keep them on the line for at least 30 seconds then hang up. Write down the date, time, and phone number and bring to trial along with copy of "ghost letter". At trial the officer "tries" to open for the state but you quickly "Object" and the judge and the officer will be very surprised by this but you must because you have the lawful right to depose the officer prior to trial as means to assemble your defence. The officer will swear up and down to his providing you a deposition. You tell the judge that the officer is forbidden to testify for the state because you were not provided his supporting deposition. Provide to the judge the copy of the "Ghost Letter" with return reciept and that you even called the police agency a week before trial due to your concern of not recieving a supporting deposition. The judge will muse a bit on this surprise event and will dismiss the ticket. A judge taught this technique to one of my patients (who ironically died in a car accident) who then passed it down. As scummy as it sounds, the police can be just as scummy, so someone, something, must level the playing field.
Last edited by bfsgross; 05-16-2011 at 05:56 PM.
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#30
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One tact I used till recently when NY began serving computer generated depositions at the time of stop: Plead not guilty with a request for a supporting deposition. When recieve the deposition look it over carefully for errors, then capitalize on them when asking for a dismissal due to an error on original citation. If no errors on deposition: Throw it away. Then two weeks before trial write a letter to the officer and the court stating that you haven't recieved the supporting deposition as requested and that time is of the essence due to the impending trial date. Write the certified mail tracking number on the letter to authenticate it. Make a copy of this letter and throw out the original. Send an empty certified-return reciept (using same tracking reciept with CM number as what's on letter) envelope to the court using your work address in the upper left. They'll recieve an empty envelop but must sign the CM tracking reciept proving your "ghost" letter was recieved by the trooper. Call the police agency from a phone not belonging to you (as a means to show diligence and earnest in contacting the trooper because your concerned of not exercising your legal right to depose the officer before trial). When someone answers don't speak but keep them on the line for at least 30 seconds then hang up. Write down the date, time, and phone number and bring to trial along with copy of "ghost letter". At trial the officer "tries" to open for the state but you quickly "Object" and the judge and the officer will be very surprised by this but you must because you have the lawful right to depose the officer prior to trial as means to assemble your defence. The officer will swear up and down to his providing you a deposition. You tell the judge that the officer is forbidden to testify for the state because you were not provided his supporting deposition. Provide to the judge the copy of the "Ghost Letter" with return reciept and that you even called the police agency a week before trial due to your concern of not recieving a supporting deposition. The judge will muse a bit on this surprise event and will dismiss the ticket. A judge taught this technique to one of my patients (who ironically died in a car accident) who then passed it down. As scummy as it sounds, the police can be just as scummy, so someone, something, must level the playing field.
However, courts (at least in the People's republic of NJ), have generally sided with you guessed it, the prosecution, at least as far as the citation error issue, dismissing only if it's a "material" fact, such as identity of the driver, and or location or date etc....
If your car is silver and he writes gray, or its an 03 but he writes 05, it's still a valid citation...
Most judges have also gotten hip to the whole "internet lawyer" thing trying to argue the validity of the equipment etc....
Take care,
George
#31
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You have four goals to delay, create reasonable doubt, challenge the veracity and/or the competence on the part of the officer.
Delay is simple ya just work the system.
Reasonable doubt can be as simple as the weather that day, traffic conditions, certifications and a multiple of other factors.
Veracity is catch the officer in a lie which is quite easy if you are prepared. They are used to lying without challenge.
Competence is based on the officers behavior, operation of the equipment and his observations/conclusions.
#32
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Clearly you've never been in a NJ courtroom.
Corruption trumps all. They'll just ignore that sh*t.
It's BOHICA time guys.
Corruption trumps all. They'll just ignore that sh*t.
It's BOHICA time guys.
You cannot and should not argue the "validity of the equipment" if the Court has taken Judicial Notice. You can however, argue the use of the equipment and the competence of the operator.
You have four goals to delay, create reasonable doubt, challenge the veracity and/or the competence on the part of the officer.
Delay is simple ya just work the system.
Reasonable doubt can be as simple as the weather that day, traffic conditions, certifications and a multiple of other factors.
Veracity is catch the officer in a lie which is quite easy if you are prepared. They are used to lying without challenge.
Competence is based on the officers behavior, operation of the equipment and his observations/conclusions.
You have four goals to delay, create reasonable doubt, challenge the veracity and/or the competence on the part of the officer.
Delay is simple ya just work the system.
Reasonable doubt can be as simple as the weather that day, traffic conditions, certifications and a multiple of other factors.
Veracity is catch the officer in a lie which is quite easy if you are prepared. They are used to lying without challenge.
Competence is based on the officers behavior, operation of the equipment and his observations/conclusions.
#33
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George, the "Ghost Letter" ploy worked every time till last year; when the N.Y.S Police were given PC's with printers that spit out supporting depositions at the time of the traffic stop. Now in the cases of the NYS Police, if pleading not guilty, one must appear before a special prosecutor who'll have access to your driving abstract and will plea bargain in most instances. If you reject the prosecutors offer you then may have the matter set for trial. NYS no longer pays overtime for its troopers to make court appearances, increasing the odds of dismissal on the grounds of "Lack of Prosecution". The judge has the laterality to postpone the trail and set a future trial date. This may not be as bad as it seems due to the ageing of the trooper's memory. I'm not sure if municipal police depts. issue on the spot supporting depositions, so the "Ghost Letter" ploy may still prevail here.
#34
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Be happy you didn't get a ticket within the 5 boroughs of NYC where all cases are adjudicated in the quasi-legal quasi-courtroom entity known as the 'Traffic Violations Bureau' which is presided over by an 'Administrative Law Judge' (ALJ) (quasi-judge) who find you either GUILTY or NOT GUILTY on all charges. NO PLEA BARGAINING. NO MERCY.
I'll be there this Friday for an 80 in a 50. But I have a trump card....
I'll be there this Friday for an 80 in a 50. But I have a trump card....
#35
#36
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Sorry you got caught brother!!! Get a lawyer and pray!
Never been caught speeding that bad but i had my Vette up to 180+ a few times and all i can say is its one hell of a rush. I did it around 3am, highway was empty but nonetheless on the highway its some seriously dangerous **** and once it was out of my system ive never traveled that fast on a public road again.
Never been caught speeding that bad but i had my Vette up to 180+ a few times and all i can say is its one hell of a rush. I did it around 3am, highway was empty but nonetheless on the highway its some seriously dangerous **** and once it was out of my system ive never traveled that fast on a public road again.
#37
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Thanks for the help and for not ripping me. What is the point of buying a supercharged car without blasting it. I've had my Z06 over 180 so many times I cant even count, at least 40 or 50 times. I was due to get boned.
I'll accept the risk of death or serious injury, and since this was at 3:30AM i dont see the harm in doing it. Not a single car in sight..except a NJ state trooper sitting in a field on the side of the highway i didnt see!! doh. By the time the valentine went off it was too late, i had already traveled a football field before i could hit the brakes.
Also just as a side note, and not to be a dick, but I'm going to drive license valid or not. I made that decision about 5 minutes after getting arraigned, because I have to for work, or else how i am going to pay off the $100k in loans i have on cars.
I'll accept the risk of death or serious injury, and since this was at 3:30AM i dont see the harm in doing it. Not a single car in sight..except a NJ state trooper sitting in a field on the side of the highway i didnt see!! doh. By the time the valentine went off it was too late, i had already traveled a football field before i could hit the brakes.
Also just as a side note, and not to be a dick, but I'm going to drive license valid or not. I made that decision about 5 minutes after getting arraigned, because I have to for work, or else how i am going to pay off the $100k in loans i have on cars.
#38
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I see lots of advice here about getting the charges reduced/avoided and all sorts of other advice. With absolute respect, this is missing the point.
Just one tyre blowout at that speed of 150mph, and you won't be posting here. Or anywhere. The police would have the unenviable job of trying to find the bits of your body to try and piece together who you were. And anyone else you took with you.
In Germany, where that kind of speed can just be legal (only in certain parts) I understand you have to have had your tyres X-ray photographed for defects. For racing cars doing that kind of speed, the tyres don't even last a whole race. They can and do change all four in about 10 seconds using 12 men and some expensive tackle.
In UK, that speed now carries the "dangerous driving" tag, I understand a prison sentence goes with that. Plus all the other penalties, one or two year driving ban, then the aftermath of getting insurance and its astronomical cost.
Whatever the authorities do to deter this kind of madness, there will always be someone, somewhere 'at it'. We need proper rehabilitation on this problem, because it's far worse than drunk-driving. I see it as a condition requiring at least counselling, possibly something stronger. I do believe some UK police forces actually make such drivers watch movies of real accidents to see what can and does happen. There was a program on UK tv a couple of years ago where a young man had killed his even younger female passenger in a high speed accident; he was forced to listen to the mother of the girl and face the anguish he had caused. Eventually he vowed to never drive again.
Leedsman.
Just one tyre blowout at that speed of 150mph, and you won't be posting here. Or anywhere. The police would have the unenviable job of trying to find the bits of your body to try and piece together who you were. And anyone else you took with you.
In Germany, where that kind of speed can just be legal (only in certain parts) I understand you have to have had your tyres X-ray photographed for defects. For racing cars doing that kind of speed, the tyres don't even last a whole race. They can and do change all four in about 10 seconds using 12 men and some expensive tackle.
In UK, that speed now carries the "dangerous driving" tag, I understand a prison sentence goes with that. Plus all the other penalties, one or two year driving ban, then the aftermath of getting insurance and its astronomical cost.
Whatever the authorities do to deter this kind of madness, there will always be someone, somewhere 'at it'. We need proper rehabilitation on this problem, because it's far worse than drunk-driving. I see it as a condition requiring at least counselling, possibly something stronger. I do believe some UK police forces actually make such drivers watch movies of real accidents to see what can and does happen. There was a program on UK tv a couple of years ago where a young man had killed his even younger female passenger in a high speed accident; he was forced to listen to the mother of the girl and face the anguish he had caused. Eventually he vowed to never drive again.
Leedsman.
#39
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George, the "Ghost Letter" ploy worked every time till last year; when the N.Y.S Police were given PC's with printers that spit out supporting depositions at the time of the traffic stop. Now in the cases of the NYS Police, if pleading not guilty, one must appear before a special prosecutor who'll have access to your driving abstract and will plea bargain in most instances. If you reject the prosecutors offer you then may have the matter set for trial. NYS no longer pays overtime for its troopers to make court appearances, increasing the odds of dismissal on the grounds of "Lack of Prosecution". The judge has the laterality to postpone the trail and set a future trial date. This may not be as bad as it seems due to the ageing of the trooper's memory. I'm not sure if municipal police depts. issue on the spot supporting depositions, so the "Ghost Letter" ploy may still prevail here.
#40
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Yikes!!!! Sorry to hear about your problem. I got bagged once on 78 headed east across the border between PA and Jersey (in a known speed trap area) SMH.... Speed limit was 65 and I was going 140. I got Blessed, Lucky, call it what you want as there was intervention. The stopping officer broke me down to 93 in a 65 which was "just under reckless" and issued me a 244 dollar ticket. There were no points because I have New York State license and I was in NJ.
I was told do not contest this ticket young man because not only am I the sheriff here, I am also the judge, so should you show up in my courtroom, you will not be going home. One other like infraction, anyone here in NYC "queens area" would know about this set up. On Queens Boulevard Just before the courthouses, there is a spot where officers generally sit and I got bagged there accelerating around someone, so my speed at that time was 30 miles over the limit, to which the officer in court stated I was going 30+ over the limit. I walked out with my license but received 8 points (NY state 11 maximum) which made my insurance go through the roof.
I was told do not contest this ticket young man because not only am I the sheriff here, I am also the judge, so should you show up in my courtroom, you will not be going home. One other like infraction, anyone here in NYC "queens area" would know about this set up. On Queens Boulevard Just before the courthouses, there is a spot where officers generally sit and I got bagged there accelerating around someone, so my speed at that time was 30 miles over the limit, to which the officer in court stated I was going 30+ over the limit. I walked out with my license but received 8 points (NY state 11 maximum) which made my insurance go through the roof.