I just got 1/2 0wnered

[Warthog]

Need some fsking legal advice...

Yesterday, I was going up a hilly side road @ 35mph (25 zone). I see a man ahead, he turns around and starts waving his arms, immediately I notice he is a police officer just walking along.....I slow down to 25mph (what I thought he was telling me to do...) and proceed on by...he gives me a dirty look and I see in my rear view mirror that he proceeds to write down my plate number. That pissed me off at first......then I thought, "what could he do?"....and laughed about the situation. A friend was with me in the passenger seat the whole time, btw.

Next day.....on the way to a friends house, cop pulls me over.....same dude......he's like,
"Do you remember me?"
"No......."
"Rose Hill yesterday?"
"oh yeah..."
Then he and I proceed to argue a bit...he was quite heated and I knew there was no point in being ultra polite to him because I was gonna get ticket(s) anyway.......
He's like, "There is NO WAY you knew I wasn't trying to stop you"
"I thought you were telling me to slow down!.......which I did....."
"But then you sped up again and I had to get out of the way"
"No I didn't!"

The fsking cop was being completely one-sided....I hate cops. Truth is, I was going 35mph (10 over), I see him, slow down to 25mph and maintain gas pedal pressure. He said some sh*t about he heard the engine reving.....I didn't press that.....but in court I can say that I was in 2nd gear, 4000rpm or so because my car's power curve is best around there....all truth.

He tells me, "I'm gonna give you 2 tickets and we'll see how the judge decides this one"

25min later......

One "local" ticket for "unreasonable and imprudent speed" for$170.50

Another ticket for "failure to obey an officer" for $270.50

Both of these are quite shady, which is why I think I have somewhat of a chance.

Facts:
I was speeding BUT not 50mph like he claims (he said that). I was going 35 AND I have a witness. I'll ask him if I can see the laser or radar read out or any other hard evidence besides his opinion.....

I did not know he was trying to actually stop me (how the f*** often does that happen???) and "failure to obey an officer" is overexaggerating. It's subjective, IMO.

I know how much you guys helped Auraedge when he got his mongo speeding ticket........I think I have a chance because this is not an open and shut case.....it has many holes.

Warthog

[CubKid]

Dunno what to tell you.

[Gomer]

GL Wart... last night you said 40 tho better get the story straight 'for you head to court. Keep us informed.

[Mr. Goodbytes]

Put this sucker to task, Wart. If he was out of his squad, how in the world does he know what speed you were going? Without solid evidence from a RADAR gun reading, he's got nothing on you. And if he were honestly trying to stop you in the first encounter, don't you think he would have gotten in his squad and pulled you over then and there?

I think you're made in the shade, pal.

I would bring up the idea or no speed radar was used in his "estimation" of your speed. having the passanger in the car is a big plus as if he didn't know what the hell the officer was doing too at the time. my experience with traffic viloations is to get a lawyer. i have seen people go in with traffic violations with no help and they judge could really give a rats ass what you had to say. at least with a lawyer, he could bargin with the judge and let you off with maybe community service. lawyers usually have a free 1 hour session where you can talk about your problems and there ideas on what could be done.

either way, those fines are hefty. I would also search the internet on Vermont laws to see if you can find any info. The cop was in plain clothes right? I mean most safety driving schools teach you NOT to pull over to help someone unless your very confident with the situation.

[phenious]

Ok I would imagine that any officer that wanted me to stop would proceed doing so by steping SLIGHTLY out onto road surface and plahing a open palm to me directly. This would me stop. Waving at me.... uh...yeah... ok COULD mean stop or could me Hey whats up or slow down or anything. If he went thru a cop school he should know that a flat open hand means stop like crossing guard would use at a school. also I think you have the right idea on that speeding thing. No way can people guess exact speeds. That comes with practice sure he may have it but wasnt that gotten while he was in a car where speeds seem a little different imo. Sounds like a guy who is pissed off taking advantage of his powers with a "punk" teenager with "no respect".

Good Luck

-: phenious :-

[phenious]

Correct on the speed thing Mr Good Bytes. If I recal correctly when being issued a speeding ticket you are allowed to request to see the radar with your speed STILL there. I have had relatives get out of tickets because they couldn't produce the speed because the officer "bumped it with his nightstick getting out...." thats a big night stick to get up on the Dash board in the middle..... They got out because there was no physical evidence.

-: phenious :-

when you go to court, you ask to see the radar detector results and its service test since they have to get it calibrated every 6 months or something. if the officer did not bring this information to court, the case will be dismiss. well thats how it works in VA

[Warthog]

He was in uniform, WAVING his hands. I should try to find some police academy thing that says the proper way of stopping a car with your hands.

Sounds like a guy who is pissed off taking advantage of his powers with a "punk" teenager with "no respect".

Exactly.

Gomer - I can say whatever the heck I want. It's my (and friends) word against theres.

I thoroughly reading this VERY helpful site to help me out.....although my case is unique, whereas situations @ this site are all about speeding.....I am actually quite fortunate.

http://home.att.net/~speeding/SPEEDING12a.html

I think I can avoid testifying (very good thing) and only question the cop and my friend....

Since you can't really answer your own questions, most judges grant you a leeway to "explain" your case. I generally avoid this like the plague. If you make ANY kind of statement, the prosecutor can (will) cross-examine. He will ask point blank... "Are you guilty" Don't lie... Don't give him this chance. If you don't testify, he can't cross-examine. Don't answer questions he asks you unless he calls you to testify as a hostile witness or you have testified yourself. (see why I don't testify?)

I can NAIL the cop with the speeding thing......and once I find out about "proper procedures of stopping traffic with your hands", I will nail him on that too. Having my friend there will REALLY help.

These pages are good:
http://home.att.net/~speeding/SPEEDING12a.html
http://home.att.net/~speeding/SPEEDING13.html

I do need to find a Vermont statute about judges being able to reduce fines.....such as this example:

"Your Honor, under Missouri Revised Statute section 560 dot 36 an imposed fine can be revoked in whole or part or the method of payment can be modified." "I wish to invoke such Statute and ask the Court's mercy in assigning no points to my driving record and ask the fine to be directed to be paid to the Backstoppers, a charity which supports the families of St Louis area Police Officers and Firefighters killed in the line of duty."

The thing about that is, I don't want to pay NEARLY as much as it says on the tickets, IF anything at all.

[Lemon[H]ead]

Good Luck mate. The fine thing sucks. Move to scotland and be an outlaw from the police, my best suggestion. Or you could stick it out and get a lawyer, sounds sensible. I like mine better though...