Funkyalligator Posted July 7, 2003 Share Posted July 7, 2003 I was stopped a couple of weeks ago for doing 70 in a 45 at 2:30 am on saturday night. The officer gave me a reckless driving ticket and I am thinking about getting a lawyer to help contest it. I was following the flow of traffic...there was a car in front of me I was following and I didn't realize that it was a undercover cop car because I wasn't following it closely. A ways down the road another cop pulls up behind me and turns his lights on and pulls me over. Then he tells me that the car in front of me was a cop and that he has pulled me over for reckless driving. Is this entrapment or something like that? Anyone know a good cheap traffic lawyer. Link to comment Share on other sites More sharing options...
The Evil Genius Posted July 7, 2003 Share Posted July 7, 2003 Funky, If nothing else...I would get your speedometer calibrated. If its off by at least 5+ mph - that could change your ticket from reckless (+20 in VA I think) to just a normal speeding ticket. Hopefully, the judge will offer you the chance to go to the DMV driving school (usually 2 saturdays in a month) and the points will be waved from your record when you attend it. Good luck on the entrapment thing - I think that might be a lost cause. Link to comment Share on other sites More sharing options...
Funkyalligator Posted July 7, 2003 Author Share Posted July 7, 2003 Thanks, I am hoping that a lawyer will be able to help me out with things Link to comment Share on other sites More sharing options...
jbooma Posted July 7, 2003 Share Posted July 7, 2003 Originally posted by Funkyalligator I was stopped a couple of weeks ago for doing 70 in a 45 at 2:30 am on saturday night. The officer gave me a reckless driving ticket and I am thinking about getting a lawyer to help contest it. I was following the flow of traffic...there was a car in front of me I was following and I didn't realize that it was a undercover cop car because I wasn't following it closely. A ways down the road another cop pulls up behind me and turns his lights on and pulls me over. Then he tells me that the car in front of me was a cop and that he has pulled me over for reckless driving. Is this entrapment or something like that? Anyone know a good cheap traffic lawyer. Funky doesn't matter what the rest of the road is doing, they just pull over who they want. You don't have a case there. It was your decision to follow that car and at that speed, they didn't make you press on the accelerator. You are just lucky you were not drinking. However if you do show up in court and be nice they might take of the reckless, as long as this is your first speeding ticket in a while. If you have similar tickets then no chance. Link to comment Share on other sites More sharing options...
Funkyalligator Posted July 7, 2003 Author Share Posted July 7, 2003 Anyone know a decent traffic lawyer in NOVA? Link to comment Share on other sites More sharing options...
@DCGoldPants Posted July 7, 2003 Share Posted July 7, 2003 so ,the cop was driving "reckless" to trap another reckless driver? Why doesn't that make sense? You see these guys fly down the left lane on 270 at 80+ MPH without their lights on....sometimes not even in their work clothes. Well, they do have a quota to fill eh? Link to comment Share on other sites More sharing options...
redman Posted July 7, 2003 Share Posted July 7, 2003 The cops are exempted from the law, fair or not. You're not going to make that one fly. Besides, how can they entrap you if they don't interact with you? They just happened to be driving down the same road you were. You determine your speed, not other cars. Good luck on fighting this one, you're going to need it. Like others have said, fall on your sword and see if you can get it reduced to simple speeding with traffic school. Link to comment Share on other sites More sharing options...
Soliloquy Posted July 8, 2003 Share Posted July 8, 2003 Originally posted by redman The cops are exempted from the law, fair or not. Are you sure about that? I thought they were required to obey all traffic regulations except for emergency situations, which in turn require the use of lights and sirens. I KNOW that's true for the EMS drivers in Fairfax county, my wife used to be one. Link to comment Share on other sites More sharing options...
Funkyalligator Posted July 8, 2003 Author Share Posted July 8, 2003 i am also sure that cops need to obey traffic laws except in emergency situations, I mean it might be an unwritten rule that they don't have to but in a situation like this it might come back to bite them. Link to comment Share on other sites More sharing options...
Kornheiser Posted July 8, 2003 Share Posted July 8, 2003 FUNKY: Absolutely get a lawyer. Absolutely go to court & have the lawyer negotiate with the prosecutor. EVERYTHING in court is a negotiation. If your records driving records good perhaps speeding, if it's bad at least "improper driving" (a lesser version of wreckless, less points & merely a traffic violotion, I believe reckless counts as a criminal misdemenor). Can't recomend a specialist, as lawyers consider traffic court court small potatoes and it's usually left to the struggling/low-grade lawyers. I would recomend NOT using anyone who solicits you by mail. As a lot of struggling/low-grade lawyers get a listing from the court house of serious traffic offenders and bulk mail them. Some people will get dozens. Beware, most of these guys are bottom of the rack, shifty types who are looking to process paper work as quickly & easily as possible for a quick $500 -1000 (though inevitably some are not) The speedometer calibration is a good idea although it's a bit overused these days. It might be good for a one-timer. Don't live in an imaginary bubble where you believe police don't abuse the laws they themselves "enforce" on others as it won't get you any sympathies in court. It will do the opposite, and will be viewed as "another unfair cop story by someone who knows they're guilty but feels they were unfairly caught". Looks bad, better to go the "I didn't know I was going that fast" route. The policeman can always say he got a call. And typically use that as a license to break any traffic law they choose. Link to comment Share on other sites More sharing options...
jbooma Posted July 8, 2003 Share Posted July 8, 2003 the only downside in getting a lawyer is the $$$ you will end up maybe spending less on the ticket but a lot more for the legal fees, to me it isn't worth it. Unless you can't get this type of ticket and might lose your license, then yes fight it. Link to comment Share on other sites More sharing options...
Kilmer17 Posted July 8, 2003 Share Posted July 8, 2003 Dont get a lawyer. Show up very early on your court date. Find the issuing officer and talk with him. Tell him (or her) that you know you made a mistake and mean it. Then find the prosecuter and tell him/her the same thing and ask if they would consider lowering it to the max speed under reckless. 99.9 percent of the time they will agree to move the case file along. THe only snag is it you were an ass to the cop and he/she remembers it. Link to comment Share on other sites More sharing options...
SonnyJ Posted July 8, 2003 Share Posted July 8, 2003 If this happened in Fairfax county, forget about going to traffic school to keep the ticket off of your record. I got pulled over last year and went to court with this in mind. Before they even got to my case, the judge made it clear that this was no longer an option in Fairfax County. As I had a clean record, he did waive or reduce the fine or court costs - I can't remember which. I'm still paying for it through my increased insurance rate, though, which was my big concern. Link to comment Share on other sites More sharing options...
Kornheiser Posted July 8, 2003 Share Posted July 8, 2003 Woah!! I repeat absolutely get a lawyer. Otherwise no one in court will respect you or have to do anything for you negotiation-wise. If you get an a-hole prosecutor or an a-hole judge. The lawyer will go ,"this is ridiculous" continue it if he has to, and get a negotiation from the new prosecutor or judge. Double-woah!! Screw the money, trafic is one thing but never get a criminal misdemenor on your record if you have a choice. Link to comment Share on other sites More sharing options...
Funkyalligator Posted July 8, 2003 Author Share Posted July 8, 2003 can anyone give me the name of a decent traffic lawyer around here???? Link to comment Share on other sites More sharing options...
Kilmer17 Posted July 8, 2003 Share Posted July 8, 2003 That's an oxy-moron. Link to comment Share on other sites More sharing options...
Funkyalligator Posted July 9, 2003 Author Share Posted July 9, 2003 Anyone know a decent lawyer .....I'm just trying to get some names....Thanks Link to comment Share on other sites More sharing options...
jbooma Posted July 9, 2003 Share Posted July 9, 2003 I don't know of any traffic lawyers, like someone else said before it is hard to find them. Most are normally newbies that are getting their feet wet. Your best bet may be going with the free attorneys you get from the court. I did talk to a prince william county cop, and he told me that yes what they do is called baiting, however they don't force you to speed. He did say that if it was in loudon or prince william county and you had a decent driving record then it would be reduced. The problem is it is in fairfax and they are not as nice as the other counties. Link to comment Share on other sites More sharing options...
Larry Posted July 9, 2003 Share Posted July 9, 2003 Unfortunately, as I understand it, (I watched Hill Street Blues), "entrapment" is defined as anything that would cause a reasonable person to break the law. (One example used on that show was: They've had problems with people robbing winos. So a cop, undercover as a wino, "passes out" on the street with a $20 bill hanging out of his pocket.) I think you might have a problem convincing a judge that the sight of a person speeding would cause others to speed. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.