View Full Version : Got in a little bit of legal trouble...
5.0calypso93lx
10-26-2007, 10:40 AM
Before anyone says anything, I don't wanna hear anything about how I'm an idiot, I already know.
Last night, I went to a work fundraiser/happy hour at Monty's on Montgomery road in the wood. So, I know that I have a speeding ticket from a little bit ago, that I haven't paid, and I kept putting it on the back burner, because I'm trying to get completely out of debt right now, so I can buy a house.
So turns out, my license is suspended and I didn't even know. So I'm leaving Monty's to go home, and realize I forgot to pay my tab back at Monty's. So I drive back there, and what do you know the speed limit is freakin' 25mph on a 4 lane road through there, and I was probably going 45. Next thing you know, I see flashing lights behind me. I pull over, cop comes up, asks me if I know my license is suspended, I said I had no idea. He asks me if I had anything to drink, and asks me to step out of the car. He does the pen in front of my face test, and I pass that fine, so I hop in the back of the cop car. He tells me that my car is going to get impounded, and another cop pulls up, and they both search my car, I said I was fine with that, what do I have to hide....
So he gets back in the cop car, and radio's in, and asks another officer if this offense requires the car to be towed. Luckily, the officer says no, whew. So I call a friend to come pick me up, and the cop drives me up a few blocks and drops me off at the BP to be picked up by my buddy. Next thing you know, he's giving me a wreckless op ticket???? WTF? I'll admit, I was definately speeding but in absolutely no way driving wrecklessly. I'm decently responsible, never had a dui, but do have a couple speeding tickets, and the cop says that this will put me at 12 points, but since this is my first wreckless op offense, I can ask the judge to take that class, and get two points knocked off, and I won't have my license suspended.
Is it worth it to get a lawyer? He didn't clock me, and my court date is November 7th at 1:00. Any ideas? Is it just his word against mine?
fst 5pto
10-26-2007, 11:04 AM
You idiot, You're a hack.... But I would consult a lawyer.
Holly
10-26-2007, 11:09 AM
Is it worth it to get a lawyer? He didn't clock me, and my court date is November 7th at 1:00. Any ideas? Is it just his word against mine?
I got a reckless op in da coupe when I first bought it, I was giving a friend a ride in it and peeled out, cop was coming up behind me (I was pulling out of an alley). :dummy: The cop was some dude I went to school with, but Mr. Macho still had to give me a ticket. :rolleyes:
Anyway, I got an attorney, went to court twice (cop showed up both times), and finally, him and my attorney ;) had a chat and decided to knock it down to a broken tail light, no points on my license (I was looking at 4 points for a reckless op), I just had to pay a $90 fine. It was definitely worth it to get an attorney, my insurance would have sky rocketed!
My ticket is still hanging on the mirror downstairs, where Vinny put it, he was proud of me for that one. :lol:
transman
10-26-2007, 11:19 AM
+3 on a atorney :bigthumb ,what did he say you did to get a wreckless opp ticket:confused:
theyallslow
10-26-2007, 11:33 AM
Hell yes get an atorney. wreckless opp is for going 20 over. wreckless opp. is a very vage term, if you miss a stop you can get a RO. it is all in how the officer stats the ticket. Get an Atorney, talk to a few of them and make sure they are good with they Court. Talk with your atornry with other atornes. make sure the judge likes him or her.
Good Luck
NXcoupe
10-26-2007, 12:04 PM
All great advice above! Def get an attorney, ask around to others who have had similar circumstances and ask who their attorney was, and how it turned out. Don't put this on the back burner!!!!! Spend the money for a good attorney!! This will stick with you for a long time if you don't get it handled promptly.
Black92LX
10-26-2007, 12:58 PM
I wouldn't get an attorney yet. Call the prosecutor who handles traffic stuff talk to them about it first they are the ones who have the final say, they very well might be willing to work it out.
If not then get a lawyer.
But I have to ask how did you not know your license was suspended? Have you moved recently and not changed your address with the DMV? They send out a letter infroming you to surrender you OL. And you knew you had an oustanding citation what do you think they do when people don't pay?
By the way just be glad you didn't get arrested.
331TwistedWedge
10-26-2007, 01:07 PM
I wouldn't get an attorney yet. Call the prosecutor who handles traffic stuff talk to them about it first they are the ones who have the final say, they very well might be willing to work it out.
If not then get a lawyer.
But I have to ask how did you not know your license was suspended? Have you moved recently and not changed your address with the DMV? They send out a letter infroming you to surrender you OL. And you knew you had an oustanding citation what do you think they do when people don't pay?
By the way just be glad you didn't get arrested.
you have to be a cop with a statement like that ... criminals needs arrested, drug dealers need arrested, murderers need arrested ~ he didnt pay a damn ticket :rolleyes:
5.0calypso93lx
10-26-2007, 01:12 PM
I wouldn't get an attorney yet. Call the prosecutor who handles traffic stuff talk to them about it first they are the ones who have the final say, they very well might be willing to work it out.
If not then get a lawyer.
But I have to ask how did you not know your license was suspended? Have you moved recently and not changed your address with the DMV? They send out a letter infroming you to surrender you OL. And you knew you had an oustanding citation what do you think they do when people don't pay?
By the way just be glad you didn't get arrested.
Yes, I just moved back in with my parents about 3 weeks ago, so all the notices were going to the old place.
How early on can I call the prosecutor and how do I find out who it is?
Since when do people get arrested for a wreckless op ticket?
DeckerEnt
10-26-2007, 01:20 PM
The law is the law. You didn't pay a ticket so you were taking your chances. You got caught. Boo Hoo. Get a lawyer, pay the fine and put it behind you.
Keith
theyallslow
10-26-2007, 01:20 PM
going 20 over the speed limit & license is suspended. thats a good way to get arrested.
fst 5pto
10-26-2007, 01:31 PM
I wouldv'e tased you.
Black92LX
10-26-2007, 01:42 PM
Yes, I just moved back in with my parents about 3 weeks ago, so all the notices were going to the old place.
How early on can I call the prosecutor and how do I find out who it is?
Since when do people get arrested for a wreckless op ticket?
There should be a number on the ticket. But actually I am going to have to rephrase it. You got pulled over in norwood so it's not prosecuted the same they have a bench trial for tickets if i remember correctly. Call the number on the ticket they should be able to tell you for sure. Before you get an attorney try to get it reduced yourself. All they can do is say no but if they say yes you are not out attorney fees.
As for getting arrested people get arrested for wreckless almost every time I write it. But in your case I don't think I would have written you for wreckless. 20 mph is excessive but I wouldn't have written you for wreckless unless there is something else.
Though I would have arrested you for operating on a suspended license. Now let me explain why and you can thank your government for this.
Thanks to the HUGE influx in our illegal population there are many many people driving without a license. So now I just have to arrest them all because If I cut anyone a break the people who love the illegals will come back and say I only arrest hispanics for driving without a license. So then they bring the race card into things. Yet it has nothing do do with race it is srtictly that they are illegal could care less where they are from or what color they are, So I have a arrest everyone with out a license to not get termed a racist in court.
Why because people who are here illegally have no reason to go to court or pay their fines. So why write them a citation if they are just going to throw it away or use another false name which is probably what they gave me anyway since they have no documentation. So the best punishment is for them to go to jail. Sadly in our society so many people want to give illegals a chance because they are just trying to make a better life for their families.
BULLSHIT!!!! Nothing but bulshit they are more than welcome to come here legally like millions of other people have.
Sorry I will get off my soapbox now.
5.0calypso93lx
10-26-2007, 02:25 PM
There should be a number on the ticket. But actually I am going to have to rephrase it. You got pulled over in norwood so it's not prosecuted the same they have a bench trial for tickets if i remember correctly. Call the number on the ticket they should be able to tell you for sure. Before you get an attorney try to get it reduced yourself. All they can do is say no but if they say yes you are not out attorney fees.
As for getting arrested people get arrested for wreckless almost every time I write it. But in your case I don't think I would have written you for wreckless. 20 mph is excessive but I wouldn't have written you for wreckless unless there is something else.
Though I would have arrested you for operating on a suspended license. Now let me explain why and you can thank your government for this.
Thanks to the HUGE influx in our illegal population there are many many people driving without a license. So now I just have to arrest them all because If I cut anyone a break the people who love the illegals will come back and say I only arrest hispanics for driving without a license. So then they bring the race card into things. Yet it has nothing do do with race it is srtictly that they are illegal could care less where they are from or what color they are, So I have a arrest everyone with out a license to not get termed a racist in court.
Why because people who are here illegally have no reason to go to court or pay their fines. So why write them a citation if they are just going to throw it away or use another false name which is probably what they gave me anyway since they have no documentation. So the best punishment is for them to go to jail. Sadly in our society so many people want to give illegals a chance because they are just trying to make a better life for their families.
BULLSHIT!!!! Nothing but bulshit they are more than welcome to come here legally like millions of other people have.
Sorry I will get off my soapbox now.
Thanks Jeremy, I will give them a call ASAP. Thats very understandable about being arrested.
5.0calypso93lx
10-26-2007, 02:27 PM
The law is the law. You didn't pay a ticket so you were taking your chances. You got caught. Boo Hoo. Get a lawyer, pay the fine and put it behind you.
Keith
What did I just say in the first line of my post??? And did you also not read the part about me NOT knowing my license was suspended because the notices were going to my old residence? Did you see me crying anywhere? I'm not bitching that I didn't do anything wrong, I know I did. I did EVERYTHING the officer told me to and did everything I could to work with him. I'm asking for advice, not sympathy.
So next time you go making dumbass replies like that, how about you read my post completely next time???:rolleyes: Like I'm not pissed off already...
mach_u
10-26-2007, 02:58 PM
That sucks dude! Hopefully you get it sorted out relatively easy!
Mista Bone
10-26-2007, 03:22 PM
It's Norwood, they NEED your money.
They might reduce, but expect a hefty fine.
facemelter71
10-26-2007, 04:49 PM
I got a Reckless Opp over at northgate mall a couple years ago.I just paid it and rolled out.But on the other hand i didnt have bucket loads of points,so i dont know about your situation.
Silver Bullet
10-26-2007, 06:44 PM
Get a lawyer.....
Don't pay the original ticket.... just get a recite which is a court date to go to court..... have the lawyer get them on the same court date.
More than likely, you can get one of the tickets completly dismissed.... for a plea to other to an equipment violation or speeding under 5mph... which is no points.
Black92LX
10-26-2007, 07:16 PM
Get a lawyer.....
Don't pay the original ticket.... just get a recite which is a court date to go to court..... have the lawyer get them on the same court date.
More than likely, you can get one of the tickets completly dismissed.... for a plea to other to an equipment violation or speeding under 5mph... which is no points.
Again try on your own first. It doesn't cost anything. If that fails then get a lawyer.
Timido
10-26-2007, 07:53 PM
Wow thats good advise.
I still would have tased you!
Silver Bullet
10-26-2007, 09:01 PM
Again try on your own first. It doesn't cost anything. If that fails then get a lawyer.
From your other post and your location.... you live in KY.....
Over here in Hamilton Co. things are a little different. If I took the time to take everyone to jail that was suspended..... I would be making 5 or so trips a night. I write the ticket, try not to tow the car.... tell them to show up and court with a valid license (if possible) and we will work it out there.
I just know if my license and livelyhood depended on me having a d.l., I would get a lawyer. If it was in Norwood, his first appearance will be in Norwood, before it goes downtown. Yeah you can call or try it on your own... it is up to you.
Silver Bullet
10-26-2007, 09:06 PM
Also a TON of people I come accross have Warrants for their arrest, due to unpaid tickets... I don't take them to jail Unless they have more than 3. The system is so backed up over here..... In Hamilton County, that things you would get hung for in other places, you get a slap on the wrist.
I would rather take someone to jail for Drugs or an act of violence than a traffic ticket. Just my opinion...
5.0calypso93lx
10-26-2007, 09:16 PM
From your other post and your location.... you live in KY.....
Over here in Hamilton Co. things are a little different. If I took the time to take everyone to jail that was suspended..... I would be making 5 or so trips a night. I write the ticket, try not to tow the car.... tell them to show up and court with a valid license (if possible) and we will work it out there.
I just know if my license and livelyhood depended on me having a d.l., I would get a lawyer. If it was in Norwood, his first appearance will be in Norwood, before it goes downtown. Yeah you can call or try it on your own... it is up to you.
Thats the thing though, my court hearing is on November 7th and it is downtown for the first hearing if it even makes it farther.
I'll call on monday, what harm can come from that?
Silver Bullet
10-26-2007, 09:20 PM
Thats good news. Go the first time without a lawyer..... write down what I explained in the above post and I know several City prosecutors that would do that in a heart beat. I looked at my schedule... thus far I do not have court that day, but let me know what room and time.... and I will keep you in mind in case I'm down there....... I will try to give you a hand.
Also, I wouldn't worry about calling, all the cases they have, they will never remember it or even take you serious until you show up.....
One other thing.... I don't know why your license is suspended, but try like hell to get valid.... and if you cant by your court date (I'm sure he wrote you for driving under suspension), dont plea out......get it continued.
Most judges will be more than happy to give you a continuence for that.... they want you valid.... it helps everybody.(plus D.U.S., I think is a 6 pt. violation!) and after you get so many, you are more likely to get jail time out of that than a criminal offense. 8 or so of them.
5.0calypso93lx
10-26-2007, 09:49 PM
Thats good news. Go the first time without a lawyer..... write down what I explained in the above post and I know several City prosecutors that would do that in a heart beat. I looked at my schedule... thus far I do not have court that day, but let me know what room and time.... and I will keep you in mind in case I'm down there....... I will try to give you a hand.
Also, I wouldn't worry about calling, all the cases they have, they will never remember it or even take you serious until you show up.....
One other thing.... I don't know why your license is suspended, but try like hell to get valid.... and if you cant by your court date (I'm sure he wrote you for driving under suspension), dont plea out......get it continued.
Most judges will be more than happy to give you a continuence for that.... they want you valid.... it helps everybody.(plus D.U.S., I think is a 6 pt. violation!) and after you get so many, you are more likely to get jail time out of that than a criminal offense. 8 or so of them.
I didn't think it was possible to get my license valid again until court?
Silver Bullet
10-26-2007, 09:55 PM
What kind of suspension are you under?
99% you can get valid through the BMV... contact them to see what you need to do.
Also a lot of the time, if need be, the judge can send you to LIP, License Intervention Program, and they can help you get valid, but you can only go once.
Mista Bone
10-26-2007, 11:12 PM
Sounds like my Child Support Suspension, CSEA said I was good to drive, but failed to tell me I to pay $25 reinstatement fee. Got pulled over by Hamilton Co. on Fields Ertel, was given a ticket, no impounding, simply because I was straight with him.
Finally found out what I had to do, $25 and 5 minutes later I was legal. When in front the the lady judge @ Sharonville.
"Has your licsence been reinstated"
"Yes m'am" handed the baliff the piece of paper
"explain what happen"
"Child support, got behind but the said I now good to drive....."
"Enough, I know the red tape, case dismissed, Have a safe day."
I figured I was gonna have to pay the $83 court fee, nope walked out clean.
Get your liscense back right before first court date, DO NO WAIT! The regional place you have to goto is only open till 4:30 M-F, get there before 4 PM. The one I went too is in Seven Hills just a few doors down from the BMV.
ATimpe
10-26-2007, 11:50 PM
Good job not getting a DUI! I know how you are feeling right now. But like I told myself, its nothing that money and time cant fix. Even if they do suspend your lisence you will still most likely get privleges. Give me a call tomorrow. Try not to stess to much!
95turbocharged
10-26-2007, 11:57 PM
wow! thanks for all the info I am also going to court on the 7th of nov. for wreckless driving. But I am in nky, I got pulled over by a vehicle enforcement officer(didnt know they pulled over cars) he didnt clock me and said I was going 90-100 mph which was no where near what I was doing more like 70-75. My car was cutting out like losing power so I was almost half way into the emergency lane when my power came back on(it was my sct chip popping out) I sped up to make to the next exit which was less than a 1/8 mile down the highway so i could get off the highway and fix my chip as i was pulling off the highway the cop turned on his lights and got behind me as i was already on the side of the road this guy cused my up one side and down the other, I tried to explain what was going on he called me a stupid motherf-cker and that I was one word away from going to jail. I looked up to ask what the problem was and he said " one more word and your stupid ass is going to jail and your f-cking car is getting towed so shut the f-ck up you idiot" so I sat there while this asshole belittled the shit out of me. I went to report him cause I had another guy in the car with me that heard eveything that was said I tried to get the audio from the cops mic but I was told there wasnt any, so now Iget to go in front of a judge or a bench trial cause they would not reduce it down to something else
MORAL OF THE STORY IS GET A LAWYER!!!!!!!!!
WCKDGT
10-27-2007, 12:09 AM
i got a d.u.s. 2 yrs ago and didnt even know my l's were suspended, come to find out my ins. company didnt send my sr-22 to the state. i got my l's re-instated less than 12 hrs after being pulled over. i still got charged w/ a d.u.s.(no lawyer) court was like 10 days after i got pulled over i didnt even get my notification from the state saying my l's were suspended until 3 days after court.
Black92LX
10-27-2007, 12:20 AM
From your other post and your location.... you live in KY.....
Over here in Hamilton Co. things are a little different. If I took the time to take everyone to jail that was suspended..... I would be making 5 or so trips a night. I write the ticket, try not to tow the car.... tell them to show up and court with a valid license (if possible) and we will work it out there.
I just know if my license and livelyhood depended on me having a d.l., I would get a lawyer. If it was in Norwood, his first appearance will be in Norwood, before it goes downtown. Yeah you can call or try it on your own... it is up to you.
i might make 5 traffic stops a month. I hate traffic stops and make very very few off them. Though it can come in handy my biggest drug bust to date was from nothing more than a suspended OL.
I got pulled over by a vehicle enforcement officer(didnt know they pulled over cars)
I am sorry but this comment is pretty funny. If you didn't think VEHICLE enforcement pulled cars over what do you think they pull over???
95turbocharged
10-27-2007, 01:04 AM
I am sorry but this comment is pretty funny. If you didn't think VEHICLE enforcement pulled cars over what do you think they pull over???
I always that they were the cops at weigh stations and only delt with semi's:confused: I found out the hard way! I had never seen one have a car pulled over until me since then I have seen it twice:lol:
Black92LX
10-27-2007, 01:08 AM
I am sorry but this comment is pretty funny. If you didn't think VEHICLE enforcement pulled cars over what do you think they pull over???
I always that they were the cops at weigh stations and only delt with semi's:confused: I found out the hard way! I had never seen one have a car pulled over until me since then I have seen it twice:lol:
They do a lot of semi inspections but they are fair game for traffic on any roadway in KY.
12seclx
10-27-2007, 01:08 AM
Not as severe of an offense here but I got an unsafe start
earlier this year and said fawk it... Took off on lunch break a few
days later...
tried to dress decently and use proper grammar. Went to the
courthouse and spoke to the "head honcho" lady...
She was a little homely lookin' so I threw on the charm...
Boom, what'dya know... got a deferral.... :eek:
I gotta agree with 331TwistedWedge.... the law enforcement
these days are so concerned with racing and performance cars
that they tend to over look the more important issues....
95turbocharged
10-27-2007, 01:17 AM
They do a lot of semi inspections but they are fair game for traffic on any roadway in KY.
yea I know now, I get wigged out now just getting in my car I live less than a minute away from boone county police station and from what I hear there is supposed to be a big crack down on speeding from the cut in the hill to the 75/71 split in walton, so now it 5 under instead of 5 over:lol::bigthumb:nono:
Silver Bullet
10-27-2007, 03:37 AM
[QUOTE=Black92LX;317699]i 11might make 5 traffic stops a month. I hate traffic stops and make very very few off them. Though it can come in handy my biggest drug bust to date was from nothing more than a suspended OL.
Just the other day I pulled over a simple dus..... found 10grams of crack.... 1 cocaine covered scale, knives for cutting it up..... plastic baggies.... In a school zone. Drug Trafficking! lol
Went to Grand Jury on it Thursday..... to come out and find out a silly F'ing meter police wrote me a parking ticket for an expired meter....when my police ID was in the window.... I can't wait to find him out on the streets! lol
Black92LX
10-27-2007, 04:02 AM
to come out and find out a silly F'ing meter police wrote me a parking ticket for an expired meter....when my police ID was in the window.... I can't wait to find him out on the streets! lol
The joys of a take home car:lol:
Lexstang
10-28-2007, 02:56 AM
I had to bail my roomate outa the pokey for having a suspended liscense from not paying a ticket.
Heck most judges I've seen will give you some time to pay a ticket if you can't pull it all in one pop. But holding off on paying a ticket to save for a house just doesn't seem like a good plan. Not sure what line of work you are in but A lot of companies run background checks when you get hired. Heck, I had to have a background check to go on a overnight field trip with my sons class. Definately an arrest, but wreckless driving could cause you to not get a job or maybe even not get that loan you want.
I am so ticked about ky's new CDL laws. As a CDL holder I am not eligible to have tickets reduced, amended or, enter a diversion program like traffic school. Even though I spend a lot of time behind wheel I don't get any slack cut. Yes you can argue that we are held to a higher standard, but I'm held to a lower speed limit in most states. Not to mention 2 tickets in 3 years and I can loose my cdl, unlike the points system everyone else is held to.
I am not bashing you and hope everything comes out for the best for you. I also hope it means your more careful. Really thats the best way to take getting pulled over as long as you really did something. As a wake up.
Pops Fun
10-28-2007, 06:39 AM
Hi
Got a RO in Sept., not settled yet. Burning rubber in front of 2 police cars got a lawyer from an Internet service and so far he has had it continued and he has taken care of everything. Guess I need to call him and find out what is going on. $500 bucks but... hopefully less points.
Steve
beefcake
10-28-2007, 08:27 PM
did you say norwood? you done for the first 2 times you go to court, they are thieves there.
bout 15 years ago they game me some bs reckless op ticket pulling out of frisch's when i used to manage there they told me i pulled out too fast or some bull crap
so, i go to court, of course then they have to get the officer
so, i go back to court, tell them, yeah, i know i was speeding (on the lateral after leaving), i said it was clear, midnight, no other cars on the road, i admit speeding, but reckless op?
judge goes guilty? i'm standing there flabergasted, like wtf?
so, i talked to my divorce attorney at the time, she told me i could file an appeal and have it moved out of norwood to hamilton county, so i did that
i go to court, of course they have to get him again, lol, so between # 3 and 4 court appearance, i left a message for the officer, he called i asked him if we could maybe knock it down to speeding, he said yeah, (they used to eat free at frisch's all the time lol) and there ya go
Mista Bone
10-29-2007, 12:52 AM
Beef, sounds like broke Norwood already moved it downtown.........
angieriou
11-03-2007, 09:56 AM
I agree with Silver Bullet, call BMV and try and get your L's fixed before court date, most of the time you can plea out to other offences EX..speeding, wreckless, if you were also cited for being under suspension. Thats really all the courts want is you to be valid and have insurance...If you show to court with newly valid L's and proof of insurance on the day you got pulled over, Judge is happy...So bring copy of insurance.
If cop doesnt show to court, they will drop the speeding/wreckless opp, but will never drop the suspended license.
I would get a Lawyer, they wont charge that much for this kind of legal work, as its something most of them do day in and day out dealing with people's driving issues.
Also Norwood Cops dont HAVE to go to court for stuff like this as do Cincy P.D does, and HMSO.
5.0calypso93lx
11-03-2007, 10:35 AM
I agree with Silver Bullet, call BMV and try and get your L's fixed before court date, most of the time you can plea out to other offences EX..speeding, wreckless, if you were also cited for being under suspension. Thats really all the courts want is you to be valid and have insurance...If you show to court with newly valid L's and proof of insurance on the day you got pulled over, Judge is happy...So bring copy of insurance.
If cop doesnt show to court, they will drop the speeding/wreckless opp, but will never drop the suspended license.
I would get a Lawyer, they wont charge that much for this kind of legal work, as its something most of them do day in and day out dealing with people's driving issues.
Also Norwood Cops dont HAVE to go to court for stuff like this as do Cincy P.D does, and HMSO.
Yea, I'm going down to 1000 Sycamore tomorrow, to get the release of forfeiture, so I can go to the DMV and get my license back. Court is on wednesday.
beefcake
11-03-2007, 12:18 PM
Also Norwood Cops dont HAVE to go to court for stuff like this as do Cincy P.D does, and HMSO.
Since when?
Mista Bone
11-03-2007, 12:36 PM
Since Norwood can't afford to pay the overtime :)
Black92LX
11-03-2007, 12:38 PM
Also Norwood Cops dont HAVE to go to court for stuff like this as do Cincy P.D does, and HMSO.
Reply With Quote
if they get a subpoena they have to go they don't get a choice.
angieriou
11-03-2007, 09:11 PM
if they get a subpoena they have to go they don't get a choice.
Most agencys dont get subpoenas, mainly in Hamilton CO, becase of case loads, they get notifed, which means its up to the Department to ensure the officers go.
Black92LX
11-04-2007, 02:41 AM
Most agencys dont get subpoenas, mainly in Hamilton CO, becase of case loads, they get notifed, which means its up to the Department to ensure the officers go.
Sure in preliminaries but if it goes to a hearing where in EVERY charge even violations you have the right to face your accusor, which comes at a hearing or trial depandant.. The officer will be subpoenaed at one point or another. Then if you don't show you have to provide just cause as to why you weren't there and sorry but because I am not getting paid for it won't fly.
This is why contracts are good! All my off duty court (which is all since I am 2nd Shift) is overtime. And I get at least 2 hours no matter what even if I am only there for 5 minutes:bigthumb
angieriou
11-04-2007, 08:59 AM
Sure in preliminaries but if it goes to a hearing where in EVERY charge even violations you have the right to face your accusor, which comes at a hearing or trial depandant.. The officer will be subpoenaed at one point or another. Then if you don't show you have to provide just cause as to why you weren't there and sorry but because I am not getting paid for it won't fly.
This is why contracts are good! All my off duty court (which is all since I am 2nd Shift) is overtime. And I get at least 2 hours no matter what even if I am only there for 5 minutes:bigthumb
I agree
Silver Bullet
11-04-2007, 03:08 PM
If it is my day off... I get 3 hours ot., if I hold over from third shift, I get 5 hrs. OT! :bigthumb
Silver Bullet
11-07-2007, 10:17 AM
Any info or an outcome?
5.0calypso93lx
11-07-2007, 10:44 AM
Any info or an outcome?
I'm leaving in about two hours.
5.0calypso93lx
11-07-2007, 10:23 PM
Well, not sure if its good news or not yet, but I paid my unpaid speeding ticket, got my license valid, and am going to the LIP class on december 12th, for my driving under suspension, and reckless op. After I complete the class, I will have to go back to court, and I'm not sure if I will get both reduced or maybe even dropped???
Mista Bone
11-07-2007, 10:53 PM
the suspension should be dropped, dunno about the reckless op.
Most judges are very harsh on driving under suspension if it's your first time and you try to get it fix. Lucky I got mine taken care of before court, didn't need no LIP :)
ChiliMan
11-10-2007, 08:21 PM
How did your case go? I hope well. I know this advice is after the fact but here I go anyway. I won't give you any more advice on the lawyer thing, you thankfully received plenty. But letting the officer search your car, bad move. I know you didn't have anything to hide but never allow anyone to search your vehicle or home without a search warrant. It is your right!! Being nice to the officer got you no where. Also, did he ask to search the vehicle before or after he gave you the citation? By law, they need to give you the citation and tell you that you're free to leave before requesting to search your vehicle. On the other hand, if they are going to tow your vehicle, they may do an inventory search of the car and anything they find is permitted as evidence in court. As a former law enforcement officer, I can tell you that searches such as this one produce lots of good evidence. It's a freeby, no PC (probable cause) required. The reason the officer must tell you that your free to go is so you don't have the fear of getting the book thrown at you by not being a nice guy and letting them search your car. It has been viewed in many courts, including Hamilton County, as a type of coercion. If the officer did not follow the rules for your stop and you haven't finished in court yet, please let your attorney know. Lastly, please don't misunderstand where I'm coming from on the search thing. I'm very pro law enforcement and I don't want criminals getting a free pass, but the law is the law. The deck is stacked in favor of the bad guys but the police need to be better and play by the rules.
I hope this helps you with your current problem or in the future.
5.0calypso93lx
11-11-2007, 02:26 AM
How did your case go? I hope well. I know this advice is after the fact but here I go anyway. I won't give you any more advice on the lawyer thing, you thankfully received plenty. But letting the officer search your car, bad move. I know you didn't have anything to hide but never allow anyone to search your vehicle or home without a search warrant. It is your right!! Being nice to the officer got you no where. Also, did he ask to search the vehicle before or after he gave you the citation? By law, they need to give you the citation and tell you that you're free to leave before requesting to search your vehicle. On the other hand, if they are going to tow your vehicle, they may do an inventory search of the car and anything they find is permitted as evidence in court. As a former law enforcement officer, I can tell you that searches such as this one produce lots of good evidence. It's a freeby, no PC (probable cause) required. The reason the officer must tell you that your free to go is so you don't have the fear of getting the book thrown at you by not being a nice guy and letting them search your car. It has been viewed in many courts, including Hamilton County, as a type of coercion. If the officer did not follow the rules for your stop and you haven't finished in court yet, please let your attorney know. Lastly, please don't misunderstand where I'm coming from on the search thing. I'm very pro law enforcement and I don't want criminals getting a free pass, but the law is the law. The deck is stacked in favor of the bad guys but the police need to be better and play by the rules.
I hope this helps you with your current problem or in the future.
He asked to search my car, LONG before he gave me the citation. I'll see what happens on my next court date though, pretty much everything that could have gone in my favor, has.
02mingryGT
11-11-2007, 11:44 AM
Actually a PO only needs probable cause to search your vehicle not a warrant.
ChiliMan
11-11-2007, 02:25 PM
That is correct. I should not have stated only a warrant could be used. You need PC to obtain a warrant which in my opinion would be the best way to search a vehicle. As with a warrant, the officer can search for certain items related to a criminal offense he or she believes has been committed. If they don't have PC they can ask your permission to search the vehicle once you are free to go. I believe the big difference is officer's ability to search the vehicle for evidence related to specific criminal activity and where that evidence could actually be hidden as opposed to an open invitation to search every square inch of the vehicle when you give permission for the search.
02mingryGT
11-11-2007, 11:15 PM
I understand your point on that believe me. But if you have nothing to hide then I would be okay with giving the permission. Of course if I had something in the car then I wouldn't give permission. A lot of it depends on what your getting pulled over for. If you get pulled over for dui and you are they're going to search your car, period.
mustang8998
11-13-2007, 10:52 PM
I would NEVER consent to a search. If a PO can say he has PC, prove it. If not, I have all day to wait for a warrent, drug dog, whatever. I will waste his time, as well as mine, just to see them let me go!
theyallslow
11-14-2007, 09:53 AM
I would NEVER consent to a search. If a PO can say he has PC, prove it. If not, I have all day to wait for a warrent, drug dog, whatever. I will waste his time, as well as mine, just to see them let me go!
Most PO are not trying to dick you over, they are just doing there job. But when I get pulled over now i can say no. but if it is raining I will try and park myself under somthing and him in the rain.
5.0calypso93lx
11-14-2007, 10:04 AM
I would NEVER consent to a search. If a PO can say he has PC, prove it. If not, I have all day to wait for a warrent, drug dog, whatever. I will waste his time, as well as mine, just to see them let me go!
I was trying to be a good citizen, and be as cooperative as possible. Didn't that work out well....:lol:
5.0calypso93lx
12-12-2007, 02:28 PM
Update: Went to my "License Intervention Program" today, drove downtown to the court house, walked into Rm. 167, signed in, and waited for about 10 minutes. The lady looked me up in the system, called me up to the counter, saw that I validated my license and got everything current, and told me that they would recomend everything be dismissed. I scheduled my final court date for the 19th at 2. That was it.
Not that I'm complaining about anything, but I had just assumed it was going to be an all day class or something. I took a vacation day for nothing!
bobtsgt
12-12-2007, 03:24 PM
take the rest of the day and enjoy it at home.
5.0calypso93lx
12-12-2007, 04:18 PM
take the rest of the day and enjoy it at home.
I wish, I was back at work at 10:30....:HYF:
theyallslow
12-12-2007, 04:52 PM
be happy, it could be worse.
Silver Bullet
12-12-2007, 05:33 PM
Glad to hear everything is following into place..... take the time and work on that car! lol
BOOSTGLI
12-13-2007, 01:36 AM
Wreckless Operation is alot better than an Driving Under Suspension. The Cop Could have given you a DUS. That would not be good. At least in court you can defend a Wreckless operation ticket, A DUS ticket is alot harder to get out of. I personnal think you are very lucky. I read in a post about Norwood, Did you get the speeding ticket there. If you did what was the Officers name?
5.0calypso93lx
12-13-2007, 11:57 AM
Wreckless Operation is alot better than an Driving Under Suspension. The Cop Could have given you a DUS. That would not be good. At least in court you can defend a Wreckless operation ticket, A DUS ticket is alot harder to get out of. I personnal think you are very lucky. I read in a post about Norwood, Did you get the speeding ticket there. If you did what was the Officers name?
I got both a wreckless op and a driving under suspension. I can't remember the officers name, I'll check out the ticket when I get home and PM you.
Waffles
12-13-2007, 12:26 PM
There should be a number on the ticket. But actually I am going to have to rephrase it. You got pulled over in norwood so it's not prosecuted the same they have a bench trial for tickets if i remember correctly. Call the number on the ticket they should be able to tell you for sure. Before you get an attorney try to get it reduced yourself. All they can do is say no but if they say yes you are not out attorney fees.
As for getting arrested people get arrested for wreckless almost every time I write it. But in your case I don't think I would have written you for wreckless. 20 mph is excessive but I wouldn't have written you for wreckless unless there is something else.
Though I would have arrested you for operating on a suspended license. Now let me explain why and you can thank your government for this.
Thanks to the HUGE influx in our illegal population there are many many people driving without a license. So now I just have to arrest them all because If I cut anyone a break the people who love the illegals will come back and say I only arrest hispanics for driving without a license. So then they bring the race card into things. Yet it has nothing do do with race it is srtictly that they are illegal could care less where they are from or what color they are, So I have a arrest everyone with out a license to not get termed a racist in court.
Why because people who are here illegally have no reason to go to court or pay their fines. So why write them a citation if they are just going to throw it away or use another false name which is probably what they gave me anyway since they have no documentation. So the best punishment is for them to go to jail. Sadly in our society so many people want to give illegals a chance because they are just trying to make a better life for their families.
BULLSHIT!!!! Nothing but bulshit they are more than welcome to come here legally like millions of other people have.
Sorry I will get off my soapbox now.
I recently wrote an op ed about this problem. I was in court to provide proof of insurance that I didn't have at the time of my traffic stop, and here's what really got under my skin. All the non-English speakers get bumped to the front of the line even ahead of the people who've paid for lawyers. So, court provided translation I assume is covered by the "court costs" that we all pay.... but all don't need the translator. So one by one the non-English speakers file to the front of the courtroom where the judge never asks legal status, but asks, "Can you get a license?" The answer was always no and the judge just nodded knowingly.
I completely agree with the clear distinction between legal and illegal, this is not an issue about race (as so many like to accuse) but about legal status. I don't care what flavor someone is, if they're illegal they need to go home! It just so happens that because we share such a large unprotected border with Mexico, AND Mexico's economy relies on the export of their most poor and uneducated to the US, that hispanics are the largest problem. As to your point of them coming here to make a better life, yes this is true sometimes, however for many that is just not the case. Check this out...
1/2 of California's prison population is made up of illegals
While illegals account for 3% of our population, they make up 17% of the federal prison population
In 2003 more than 270,000 illegal aliens served time
From 1995-2000 INS released 35,000 illegals instead of deporting them. 11,000 later committed serious crimes including 98 murders, 142 sexual assaults, and 44 kidnappings.
Enough is enough already.
Waffles
12-13-2007, 12:29 PM
Wreckless Operation is alot better than an Driving Under Suspension. The Cop Could have given you a DUS. That would not be good. At least in court you can defend a Wreckless operation ticket, A DUS ticket is alot harder to get out of. I personnal think you are very lucky. I read in a post about Norwood, Did you get the speeding ticket there. If you did what was the Officers name?
I don't know about in Ohio, but in Kentucky as long as you've gotten your license back by the time you get to court they reduce it to No Ops in Possession which is a nominal fee in comparison and requires no further suspension. However, they generally won't do this if the suspension was due to DUI convictions.
Mista Bone
12-13-2007, 03:33 PM
his DUS will be dropped, like mine was, the WreckOp is another story.
I had mine corrected before showing up for first court hearing, no need for LIP, nothing prior on my record, case dismissed.
About the spanish speaking needing translator.......cost me extra 45 minutes, which meant 1/2 my route for that day. Oh well, did pay any court costs.
5.0calypso93lx
12-19-2007, 11:05 PM
Went to my final court day, and everything got dismissed! Didn't even have to pay court costs!
I wouldn't mind going down there one day, just to sit and listen to some of those idiots try and argue with the judge. It was so hard not to just bust out laughing, several different times.
95redstang
12-20-2007, 02:57 AM
Went to my final court day, and everything got dismissed! Didn't even have to pay court costs!
I wouldn't mind going down there one day, just to sit and listen to some of those idiots try and argue with the judge. It was so hard not to just bust out laughing, several different times.
You told them you knew Larry Barnett didn't you...:lol::lol:
theyallslow
12-20-2007, 09:13 AM
glad to here it went well.
mustangoutlaw
12-20-2007, 12:02 PM
Went to my final court day, and everything got dismissed! Didn't even have to pay court costs!
I wouldn't mind going down there one day, just to sit and listen to some of those idiots try and argue with the judge. It was so hard not to just bust out laughing, several different times.
Glad to see all went well for ya!
5.0calypso93lx
12-20-2007, 03:45 PM
You told them you knew Larry Barnett didn't you...:lol::lol:
They would have thrown me in jail instantly if I would have said that! :lol:
Glad to see all went well for ya!
Thanks man
Mista Bone
12-20-2007, 03:49 PM
Went to my final court day, and everything got dismissed! Didn't even have to pay court costs!
I wouldn't mind going down there one day, just to sit and listen to some of those idiots try and argue with the judge. It was so hard not to just bust out laughing, several different times.
when I had to goto Sharonville for DUS (all dropped) it was funny to listen to excuses.
Like the woman trying to explain why she was doing 75 on 125.....judge had had snough from her
"Miss, you understand that NO WHERE IN OHIO is the speed limit above 65 mph?"
Nice court costs and hefty fine. I learned when I was 18 be straight with the judge, he/she knows when your lying and will SCREW YOUR DAY UP BADLY!
Pops Fun
12-20-2007, 04:40 PM
Great to see everything turn out so well!!
5.0calypso93lx
06-21-2021, 04:22 PM
Bump lol. I hardly even remember this. Pure gold :lol: Scary to think this was almost 14 years ago. I aint matured a day since then LOL
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