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Old 12-15-2010, 08:26 PM   #121
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They dropped it that much because they know they're case isn't **** and are hoping you're a sucker that will grab it and go. You should have asked the defender what the judge is like and how much she has dealt with him.

I still don't think they'll be able to prove **** on you. Thay have no evidence other than an officer "hearing" you...for ***** sake they can't even tag you with speeding based on that.
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Old 12-15-2010, 08:27 PM   #122
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+1.

They've already basically told you that their case is ****.
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Old 12-15-2010, 08:33 PM   #123
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Quote:
Originally Posted by fooger03 View Post
Your "public defender" sounds pretty worthless. She has offered you two solutions:
1. Guilty
2. Still Guilty
How did you get that out of what he wrote?
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Old 12-15-2010, 10:21 PM   #124
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Quote:
Originally Posted by 18psi View Post
If I plead GUILTY or NO CONTEST,
Since my record is great and all of that, they would reduce my fine from
1900 + 2 points + community service
to
75 bux + 2 points + court assessment fees (couple hundred)
= Guilty


Quote:
Originally Posted by 18psi View Post
She said that in my case it was definitely worth it to try and fight this even more and possibly in addition to getting the fees lowered try to get the misdemeanor lowered to an infraction and just get off with a speeding ticket.
= Still Guilty

Your defense should work something like this:

You:
"Officer, how can you prove that you heard me speeding?"

Officer:
"I heard you"

You:
"How can you be sure you heard me, and not the extremely loud mustang that was competitively revving his engine next to me?"

Officer:
"I cant"

You:
"Your honor, the defense rests"
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Old 12-15-2010, 10:45 PM   #125
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Your defense should go something like this:

You:
"*****"

Officer:
"bigger *****"

You:
"more bigger *****"

Officer:
"biggest *****"

You:
"Your honor, the defense rests"
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Old 12-15-2010, 10:48 PM   #126
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Here's the thing: its not over yet.
I didn't just take the offer of 75+fee's and 2 points.
I basically asked the defender girl what she would advise me to do. She said based on my story of the incident it sounds like we should fight it more and not just take the offer.
She then told me to sit tight and went to get the police report.
Comes back 10 minutes later and says the cop didn't submit one.

I'm pretty sure he wrote one, because I saw the staff sergeant reading it when I came in to get the car out of the impound the following morning.

One thing that is really working to HELP me is the fact that he wrote down "DARK" and "HEAVY TRAFFIC". Makes it kinda hard for me to be racing someone when there are cars in front/to the side/and behind me. Also makes it kinda hard for him to prove that he SAW me (even though he said he HEARD me, I'm pretty sure he'll try to say that he saw me or at least he probably wrote that in the report...again I'm just assuming).

So yeah. Now I wait another 2 months and let the public defender people gather all the evidence (police report if there is one, statement from my wife who was a witness, etc.).



If I win the case outright I'll be more than happy.
If they lower it to an infraction which I can take traffic school for I'll even settle for that.




One thing I want to point out to you guys:

Sitting there and hearing other cases/trials I realized something: it is VERY HARD to win nowadays..even with great evidence. I saw cases that in my mind were a "sure thing" lose.

I think unless its something absolutely ridiculous or the cop is half brain dead the chances of winning here in CA are very slim to none. THEY NEED THE MONEY lol.

So I'll fight it to the end but want to be careful not to burn any bridges, and if anything fall back on an offer or something.
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Old 12-15-2010, 11:29 PM   #127
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The most important thing I got from this is that the officer didn't witness anything illegal.

The second glaring point is that he wrote down the wrong code for the violation. I have heard judges laugh at people in court for typographical errors on tickets before but not when it comes to the actual code that was violated. I have known that to get a citation thrown out.

If the ticket says that there was heavy traffic on that road at 2am, then it could have been any number of cars that the officer might have heard. If he says what he heard had to be you because there were just the two of you on the road, then his testimony has contradicted his written citation.

FWIW- my car will always have a relatively quiet exhaust for the sake of not attracting unwanted attention. If the cop had only heard what sounded like one car accelerating you might not have even been noticed when the officer caught up with the two of you. I had cops come from six blocks away to see what the commotion was when I was younger. I'll try not to make that mistake again.

Good luck with your court date.
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Old 12-15-2010, 11:34 PM   #128
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Probably unwanted advice and all that...

But someone probably understated the implications even just a misdemeanor can have on you. The impacts in your life are far reaching - it is far more worth paying the full fine and take an infraction over paying next to nothing and still retaining a misdemeanor.

It is one of those things that will haunt you for years, and have totally unexpected impacts on your life.
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Old 12-16-2010, 01:17 AM   #129
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What outcome do you want? Do you want to come out smelling like roses, or are you willing to come away from this with a few fees, traffic school, and no change in your insurance rate? Consider which you want, the likely hood of both outcomes, and the amount of stress, frustration, and uncertainty associated with both.

I don't mean to say that you should give up, but rather that you need to keep the larger situation in mind.
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Old 12-16-2010, 01:54 AM   #130
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Quote:
Originally Posted by sixshooter View Post
The most important thing I got from this is that the officer didn't witness anything illegal.

The second glaring point is that he wrote down the wrong code for the violation. I have heard judges laugh at people in court for typographical errors on tickets before but not when it comes to the actual code that was violated. I have known that to get a citation thrown out.

If the ticket says that there was heavy traffic on that road at 2am, then it could have been any number of cars that the officer might have heard. If he says what he heard had to be you because there were just the two of you on the road, then his testimony has contradicted his written citation.

FWIW- my car will always have a relatively quiet exhaust for the sake of not attracting unwanted attention. If the cop had only heard what sounded like one car accelerating you might not have even been noticed when the officer caught up with the two of you. I had cops come from six blocks away to see what the commotion was when I was younger. I'll try not to make that mistake again.

Good luck with your court date.
Thanx.
And my car isn't loud. I mean its not stock sounding by any means, but its got a fairly large cannister and 2 huge resonators.

The camaro on the other hand, could wake the dead.
It was so loud that next to it I literally couldn't hear my car.

Quote:
Originally Posted by blaen99 View Post
Probably unwanted advice and all that...

But someone probably understated the implications even just a misdemeanor can have on you. The impacts in your life are far reaching - it is far more worth paying the full fine and take an infraction over paying next to nothing and still retaining a misdemeanor.

It is one of those things that will haunt you for years, and have totally unexpected impacts on your life.
Quote:
Originally Posted by gaius49 View Post
What outcome do you want? Do you want to come out smelling like roses, or are you willing to come away from this with a few fees, traffic school, and no change in your insurance rate? Consider which you want, the likely hood of both outcomes, and the amount of stress, frustration, and uncertainty associated with both.

I don't mean to say that you should give up, but rather that you need to keep the larger situation in mind.
My biggest priority in this is getting rid of the misdemeanor.
Sure I want to fight and get rid of the fines too, but basically if it comes down to it I'll even pay the 2k just as long as they get rid of the misdemeanor.

This is why we have another court date: the defender people will do as much research as they can so that we have a good defense and our goal will be to get rid of the points and misdemeanor.

This doesn't mean that I"m ready to take a "GUILTY" plea and get raped in fines, but no matter what I'd rather pay the fine than have a misdemeanor on my record.


Once again thanks to everyone for your suggestions/opinions, good or bad. I have re-read this thread a couple times now and the PM's that various members sent me with helpful info and it has definitely helped.
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Old 12-16-2010, 03:09 AM   #131
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Quote:
Originally Posted by 18psi View Post
UPDATE:
. . . She was this young very hot chick and seemed like she knew what she was doing and smart. . .
Pics or it dii'n't happen.
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Old 12-16-2010, 03:11 AM   #132
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My wife was there and I would have probably gotten charges ADDED ON if I busted out the camera
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Old 12-16-2010, 05:07 AM   #133
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Quote:
Originally Posted by 18psi View Post


My wife was there and I would have probably gotten charges ADDED ON if I busted out the camera
Are you kidding? would result. Damn you for ruining a perfectly good story!
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Old 12-16-2010, 10:38 AM   #134
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Hmmm. I'm interested in seeing a hot lawyer threesome video now that you bring it up.
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