Reckless driving, 84 in a 40..

[Freeman]

I haven't posted in a while and I've been regretting it. I miss hearing about the news and the goings-ons in the SVX community, so I'll stick around a bit..

I have no idea why I didn't think to post this here before. I tried a free legal advice forum and only got criticism.. (Go figure)

Heres what's up..

What is the name of my state? Maryland

Please excuse the loooong post..

On 08/23/2010, I received two traffic tickets, both in excess of $500.00. The officers argument was that I was speeding (85 in a 40) and that I was driving recklessly. Apparently, I was pulled over by the police chief of Cumberland, Maryland. The Chief was driving an unmarked silver Cobalt.

I was driving to my first day of college. I started in Cumberland, MD and proceeded to interstate 68 heading east. When I got onto the interstate, I was attempting to merge with the rest of the traffic but it was difficult due to there being several vehicles in the lane I was attempting to merge with. To avoid being forced off the interstate and heading the wrong direction, I had used my turn signal and squeezed between a red Dodge Intrepid or Stratus (I believe). The man driving the Intrepid had slammed on the horn and proceeded to tailgate my vehicle. To avoid being harassed and accidentally being rammed into, I accelerated beyond the posted rate of speed. The man driving the Intrepid had decided to follow suite and accelerate to my speed as well.

When I noticed that I was being chased, it caused me to panic and accelerate well beyond the posted speed limit until the other vehicle had discontinued his chase. I began to slow down heading up the hill on my way to the college when I noticed silver Cobalt (or Malibu) start to tailgate me as well. I believed this Cobalt was either a “friend” of the other driver or an angry driver who had become frustrated with the way I was driving. I noticed it was an older gentleman and it appeared that he was fumbling with his radio, so I felt safe that he was not trying to tailgate me.

(I used to drive another vehicle a few years ago and was rammed into once before and when I attempted to go to the police station, I caught a red light.. Once the vehicle that was chasing me came to a stop behind me, a man stepped out with a blunt object and approached my vehicle. I ended up speeding away. This is the reason I get so freaked out when someone is riding right on my tail and also the reason I use speed to avoid being attacked, rather than going to a police station in the city.)

Part way down the exit ramp, on the way towards the college, I noticed that the man in the silver Cobalt had turned on his 4-way emergency lights. He was still following me closely but it was not apparent that he was a police officer (chief). Eventually I began to hear a siren. Unaware of where the noise was coming from, I ignored it the first time I heard it. The second time I heard the siren, I pulled over, believing it was maybe an ambulance attempting to pass me and the man in the silver Cobalt. When the man in the Cobalt pulled over as well, I began to realize it was a police officer (chief) and realized he may have seen me be chased and was checking on why I was going fast or why I was being chased.

The officer (chief) had asked for my license and registration and I complied with his request. As I fumbled for my registration, I explained to the officer (chief) that I was being chased on my way to the college for my class in Criminal Justice and I had feared being rammed into. The officer (chief) asked who my teacher was so I told him. The officer (chief) had stated that I was lying to him about being chased and they were going to catch my “friend” and that his story would be different. From what I gathered, the officer (chief) believed that I was racing the other vehicle. I don't race..

I have learned from various stories and situations that the best course of action when talking with an officer of the law, it’s in your best interest to tell the truth. Although I had told the officer (chief) the truth to the fullest extent, he was not satisfied and had decided to give me a citation. He had explained to me that his computer was not working correctly or too slowly so he had called another officer to the scene to assist him. He then walked to my vehicle and explained to me that he was in a hurry and he was going to have the other officer handle writing me the citations. He gave me a final chance to tell him the “truth” and asked if I was aware of how far he was following me for. When I told him I was telling the truth, he acknowledged with a simple response stating that the best thing for me is honesty and that he doesn’t believe me and that he will see me in court.

Finally, the officer (chief) left and the other officer had approached my vehicle. I had jokingly exclaimed that the other officer (chief) had left him to do the “dirty work”, he explained that it was the least of my concerns and that I “had pissed off the chief” and handed me my two tickets.

Lengthy huh? My question is what can I do about this? I've chosen to have my voice heard in court and attempted to get the public defenders assistance but he says it's not an arrestable offence so he can't help me. My problem is that I really don't know what to say in court. Any help would be greatly appreciated..

I almost forgot to mention that I also had a recent speeding violation recently.. It was closer to the beginning of spring where I had been pulled over for doing 72 in a 65. I admitted guilt in court but received a lesser sentence of no points and a sharply decreased fine. Also some other speeding violations when I was a teenager but I'm pretty sure it was more than four years ago. I've also had my license suspended without my knowledge and went to court for it. The judge said he was certain I would have payed it my closest attention if I was aware and let me off with no fine, no arrest or anything. I also had one more ticket where I had expired tags. I was unaware of this and the officer only made the fine $40, of which I paid.

I'm a college student, I work part time, and I live by myself.. I can barely afford to feed myself, let alone pay these fines..

[alltrac]

Cobalts are fast don't you know?

http://www.subaru-svx.net/forum/showthread.php?t=49372

[Freeman]

Originally Posted by alltrac

Cobalts are fast don't you know?

http://www.subaru-svx.net/forum/showthread.php?t=49372

Is it weird that I knew someone would pull that up?

No advice here?

[sicksubie]

why the fear of being rear -ended? You would not be at fault in that situation. Racing away is always the worst possible decision to make unless the other driver is dangerously out of control or brandishing a weapon.

[Wikedjuggalo]

I don't see what evidence he has, he didn't not identify himself as law enforcement and you could claim something about that I am sure. Talk with a lawyer

[karmaken]

IMHO your best move would be to get a good lawyer. It will not be cheap but public defender or low end dude will not help you. Or, approach one of your professors and see if they can recommend someone to assist.

It will not be an easy task to go against the chief. Especially if court is in his hometown.

best of luck to you.

regards

ken

[Hocrest]

Originally Posted by karmaken

It will not be an easy task to go against the chief. Especially if court is in his hometown.

Especially since it seems like he is pissed at you.

[dcarrb]

Once I failed to stop right away for a Vermont state trooper; honestly didn't realize he was after me 'til he got on my bumper and blipped the siren. He wasn't amused.

What can you do? Be brief and humble and apologetic and truthful, and pay-up. You're not going to beat this. And chill-out behind the wheel before you lose your license.

dcb

[Freeman]

The ticket says if I request waiver, which I have, that the officer or in this case, the chief, will not be present when I go to court.

I honestly do not think I can afford any representation. Not unless legal aid is willing to assist me. I'll have to represent myself.

[kwren]

With the risk of you getting trashed by a couple of "people" on this form for legally trying to protect yourself, your only chance is to get a lawyer, a good lawyer.
You are in trouble and you have no chance in the kangaroo court a by yourself.
Whatever it takes, you need to beat this.

You might just end up with a probation that would get this off your permanent driving record after a year or so. Your lawyer might need a little prompting on this option, so that could be suggested to him, or her, as a possible course of action.

You might think that you should take your lumps and just pay it, especially if you won't lose your license with accepting guilt on these infractions.

By choosing that course of action, they would be on your record for "however many years" and then any future ticket, even for a minor infraction, might take you past the point of preventing the loss of your driving privileges.

I am well aware that all police officers lie in court, and the judges support them.

Sorry

Keith

[kwren]

Originally Posted by Freeman

The ticket says if I request waiver, which I have, that the officer or in this case, the chief, will not be present when I go to court.

I honestly do not think I can afford any representation. Not unless legal aid is willing to assist me. I'll have to represent myself.

Some great-grandfatherly advice...Whatever it takes, get a lawyer...Get the waiver out of your mind... get the courage to confront the police chief. Stand up for yourself when you are right... right is always right!

Just my suggestions.

The word justice does not apply to traffic infractions, seriously, you would have more rights if you killed your neighbor than you with the traffic court system.

Best of luck...

Keith

[Sean486]

edit (already suggested)

[Freeman]

Thanks guys.. I'll see what I can do about getting a lawyer.. You all are a lot more help than any other forum. I can always count on the men and women at the SVXWN..

[Ownbot]

So let me get this straight...They got you going 85 in a 40 gave you $500 in fines are you don't think this is right? In PA I believe if you get caught going DOUBLE the speed limit you lose you license for like 30 days. I'm quite sure the fine would be a hefty price too. I do not understand your point. I get it that the cop did not believe your story but why does it even matter? If you get caught going 85 in a 40 I will assume you would be @#!%ed anyway. Forgive me if I missed something here.

Good luck though, I wish you well.

[Green1995SVX]

Originally Posted by Ownbot

So let me get this straight...They got you going 85 in a 40 gave you $500 in fines are you don't think this is right? In PA I believe if you get caught going DOUBLE the speed limit you lose you license for like 30 days. I'm quite sure the fine would be a hefty price too. I do not understand your point. I get it that the cop did not believe your story but why does it even matter? If you get caught going 85 in a 40 I will assume you would be @#!%ed anyway. Forgive me if I missed something here.

Good luck though, I wish you well.

You're right. If you're doing greater than 20 over the speed limit, you automatically lose your license for a month.

Don't ask me how I know.

Mike