DE State police called - now being charged with an unsafe lane change
04-16-2004, 02:45 PM
#41
Whatever happens just make sure that you DO NOT SAY ANOTHER WORD. Anyone calls, direct them to your lawyer. Bottom line. You did nothing wrong... don't do what they say thinking that you'll look more innocent. Don't do or say anything to anyone except your lawyer....
05-18-2004, 08:05 PM
#46
Finally went to DE state Police - they just called
Just an update - Went to DE state police today and was put in front of the judge to ask where I want my case held, never read rights, never questioned other than on the phone. I didn't even meet the trooper issueing this ticket, which I have yet to receive.
I will give my lawyer a call tomorrow and see what his thoughts are on this whole matter.
The case goes to court in August, so I can't go off and move to Wyoming, unless I want to fly back for court.
I will give my lawyer a call tomorrow and see what his thoughts are on this whole matter.
The case goes to court in August, so I can't go off and move to Wyoming, unless I want to fly back for court.
05-18-2004, 08:12 PM
#47
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fuck it. when a real cop shows up at your door then worry about it. i would have laughed at whoever was on the phone and hung up. i would also know if I caused an accident or not.
u posted right before me so i guess nothing matters now that you went to DE
u posted right before me so i guess nothing matters now that you went to DE
05-19-2004, 07:55 AM
#49
Find beauty in dissonance
Re: Finally went to DE state Police - they just called
Originally posted by anothercls
...in fact the car in front of me was doing about 25mph, in a 55mph zone.
...the judge to ask where I want my case held
...in fact the car in front of me was doing about 25mph, in a 55mph zone.
...the judge to ask where I want my case held
I would of told him, 'up your ass, your honor.'
05-19-2004, 08:52 AM
#52
Re: Finally went to DE state Police - they just called
Originally posted by anothercls
Just an update - Went to DE state police today and was put in front of the judge to ask where I want my case held, never read rights, never questioned other than on the phone. I didn't even meet the trooper issueing this ticket, which I have yet to receive.
I will give my lawyer a call tomorrow and see what his thoughts are on this whole matter.
The case goes to court in August, so I can't go off and move to Wyoming, unless I want to fly back for court.
Just an update - Went to DE state police today and was put in front of the judge to ask where I want my case held, never read rights, never questioned other than on the phone. I didn't even meet the trooper issueing this ticket, which I have yet to receive.
I will give my lawyer a call tomorrow and see what his thoughts are on this whole matter.
The case goes to court in August, so I can't go off and move to Wyoming, unless I want to fly back for court.
05-19-2004, 09:11 AM
#53
Senior Moderator
Juniorbean hit the nail on the head!!!!! Delaware is the statuatory equivalent to a small town; dont play their game.
05-19-2004, 09:29 AM
#54
Moderator Alumnus
You went without a lawyer to the police?
Your posting about this in a public forum which can be used against you?
...
STOP
Get a lawyer, DON'T DO ANYTHING without consulting your lawyer. Your making some big mistakes here.
Lastly ONLY talk to your lawyer about this. I wouldn't even discuss it with your friends.
They need a witness that was not involved in the accident to prove you are at fault. Without knowing *any* of the details of the accident you could be setting yourself up for major problems. being sued, wages garnished... especially if you don't know what happened.
Once everything is done in court I'd start talking about it again...
Your posting about this in a public forum which can be used against you?
...
STOP
Get a lawyer, DON'T DO ANYTHING without consulting your lawyer. Your making some big mistakes here.
Lastly ONLY talk to your lawyer about this. I wouldn't even discuss it with your friends.
They need a witness that was not involved in the accident to prove you are at fault. Without knowing *any* of the details of the accident you could be setting yourself up for major problems. being sued, wages garnished... especially if you don't know what happened.
Once everything is done in court I'd start talking about it again...
05-19-2004, 09:36 AM
#55
Moderator Alumnus
Originally posted by juniorbean
But he wasn't involved in any accident.... so therefore, they've got nothing.
But he wasn't involved in any accident.... so therefore, they've got nothing.
) to the police station and talking to them. Police can be real crafty with their questions... and the way they dictate your statement. Just admitting you are there they could implicate him...Going there without console was a real stupid thing to do. Especially if they took some sort of statement from him.
05-19-2004, 09:52 AM
#56
Originally posted by SiGGy
Ya, unless they are trying to setup some sort of proof of guilt by him going (by himself ) to the police station and talking to them. Police can be real crafty with their questions... and the way they dictate your statement. Just admitting you are there they could implicate him...
Going there without console was a real stupid thing to do. Especially if they took some sort of statement from him.
Ya, unless they are trying to setup some sort of proof of guilt by him going (by himself
) to the police station and talking to them. Police can be real crafty with their questions... and the way they dictate your statement. Just admitting you are there they could implicate him...Going there without console was a real stupid thing to do. Especially if they took some sort of statement from him.
05-19-2004, 10:19 AM
#57
Suzuka Master
Funny. I watch so many Police programs on TV (some real, some Dramas) and the one I have learnt is "don't even say a word and just say you want to talk with your Lawyer first. Course, they will say it will be better for you to talk without one but say nothing after that.....
05-19-2004, 10:20 AM
#59
Charged with: 21:4122:0001:M: Improper lane change.
Lawyer said I would be fine going to the police alone as they were really just going to ask where I wanted the case held, court of common please or justice of the peace. I told them what the lawyer said. I only filled out a piece of paper saying where I lived and worked.
How do you go to court and handle the fact that your an athiest and must swear on the bible?
Lawyer said I would be fine going to the police alone as they were really just going to ask where I wanted the case held, court of common please or justice of the peace. I told them what the lawyer said. I only filled out a piece of paper saying where I lived and worked.
How do you go to court and handle the fact that your an athiest and must swear on the bible?
05-19-2004, 11:17 AM
#61
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Re: Re: Finally went to DE state Police - they just called
Originally posted by juniorbean
You should have had your lawyer with you. You have no ticket, no nothing.... your lawyer could have probably gotten you out of showing up. Don't keep playing along with them... cause they're gonna fuck you.
You should have had your lawyer with you. You have no ticket, no nothing.... your lawyer could have probably gotten you out of showing up. Don't keep playing along with them... cause they're gonna fuck you.
05-19-2004, 11:18 AM
#62
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Originally posted by anothercls
How do you go to court and handle the fact that your an athiest and must swear on the bible?
How do you go to court and handle the fact that your an athiest and must swear on the bible?
05-19-2004, 11:43 AM
#63
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Originally posted by juniorbean
But he wasn't involved in any accident.... so therefore, they've got nothing.
But he wasn't involved in any accident.... so therefore, they've got nothing.
05-19-2004, 11:55 AM
#64
Where is my super sauce?
Originally posted by SilverBullet
If he caused a accident by cutting someone off, then he is just as fault. Doesn't matter if you didn't touch them. He should have turned around when the guy in the stang told him he caused a accident instead of leaving the scene. I have been hit by 2 hit and runs and I hate idiots who leave the scenes.
If he caused a accident by cutting someone off, then he is just as fault. Doesn't matter if you didn't touch them. He should have turned around when the guy in the stang told him he caused a accident instead of leaving the scene. I have been hit by 2 hit and runs and I hate idiots who leave the scenes.
He said he was unaware of any accident.
Do we know that an accident really occured?
From what has been said in this thread, I'm still unsure what happened. I'm still unsure who is charging him with what? Did the officer witness an unsafe lane change, or is the word of a citizen?
Why is an 'improper lane change' something that he has to go to court in person for? There has to be more to this story.
anothercls -- keep us posted (but heed SiGGy's advice too)
05-19-2004, 12:00 PM
#65
I would say it is the citizen that is saying I did this.
I don't understand the whole court idea either, and no officer has yet to explain why they can't just issue a ticket, but still, I would have gone to court for that as well.
I will continue to keep everyone updated, but probably tone down some of the details, any other questions just pm me so only the mods can read the messages.
I don't understand the whole court idea either, and no officer has yet to explain why they can't just issue a ticket, but still, I would have gone to court for that as well.
I will continue to keep everyone updated, but probably tone down some of the details, any other questions just pm me so only the mods can read the messages.
05-19-2004, 12:02 PM
#66
Originally posted by SilverBullet
If he caused a accident by cutting someone off, then he is just as fault. Doesn't matter if you didn't touch them. He should have turned around when the guy in the stang told him he caused a accident instead of leaving the scene. I have been hit by 2 hit and runs and I hate idiots who leave the scenes.
If he caused a accident by cutting someone off, then he is just as fault. Doesn't matter if you didn't touch them. He should have turned around when the guy in the stang told him he caused a accident instead of leaving the scene. I have been hit by 2 hit and runs and I hate idiots who leave the scenes.
That's my take. He can't say "I didn't know" if someone told him he caused an accident. If someone got hurt, the issue grows.
05-19-2004, 12:18 PM
#67
Where is my super sauce?
Originally posted by paulff3
Right, and if the guy in the Stang went to the Police and gave a statement "silver Acura with plate XYZ, I yelled at the guy he caused and accident but he drove away.......". and if someone else gave his plate to the Police, he has issues.
That's my take. He can't say "I didn't know" if someone told him he caused an accident. If someone got hurt, the issue grows.
Right, and if the guy in the Stang went to the Police and gave a statement "silver Acura with plate XYZ, I yelled at the guy he caused and accident but he drove away.......". and if someone else gave his plate to the Police, he has issues.
That's my take. He can't say "I didn't know" if someone told him he caused an accident. If someone got hurt, the issue grows.
Now, if there is a bus load of witnesses to something, that's a different story.
05-19-2004, 12:21 PM
#68
Senior Moderator
Originally posted by anothercls
How do you go to court and handle the fact that your an athiest and must swear on the bible?
How do you go to court and handle the fact that your an athiest and must swear on the bible?
PEACEout!!
05-19-2004, 12:36 PM
#69
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Umm this whole situation has bullshit written all over it.
If i was in your shoes having the law knowledge I have and an uncle who is a NY state Lawyer and Judge, I would say prove it... cause they don't seem to have shit linking you to anything other than some guy in a stang for all you know could have been someone pissed off at me and thought it was my CL they saw driving by and reported the CL thinking they were gonna fuck me over. (which it really could have been ;-) )
Its some dudes word verse yours saying you caused an accident.... Its like a pissing contest. Unless there is actual evidence against you they have nothing. Cops are mostly assholes that will try and fuck you over every time they get the chance... and depending on the judge the same.
But if you get brought up and are actually charged with anything I would definitely appeal that shit. Cause it all sounds like bullshit to me.
I have been to court over 19 times for speeding tickets. Gotten off every ticket defending myself. have gotten some bs liek no seatbelt tickets and oh a nice 200 dollar parking on pavement ticket:P But no point tickets if i bargained down to that route.
never listen to a cop and never talk to a cop whos trying to find dirt on you. Unless they are taking info to help you thats the only time you talk to them.
Cops have no real say in court, only the Prosecutor, judge, and DA do if they are all present. I had a cop try and bully me into saying if i didnt plead guilty to his so called "deal" of 86 in a 65 that i was gonna fuck myself over and be stuck with the 98 in a 65. I didn't do it and he got all pissed at me cause i didn't take it. Well i knew I wasnt gonna get anything so I left went back for round 2 got off the ticket totally and smiled at the cop while i walked out the door (asshole).
Anyway hope all works out.
If i was in your shoes having the law knowledge I have and an uncle who is a NY state Lawyer and Judge, I would say prove it... cause they don't seem to have shit linking you to anything other than some guy in a stang for all you know could have been someone pissed off at me and thought it was my CL they saw driving by and reported the CL thinking they were gonna fuck me over. (which it really could have been ;-) )
Its some dudes word verse yours saying you caused an accident.... Its like a pissing contest. Unless there is actual evidence against you they have nothing. Cops are mostly assholes that will try and fuck you over every time they get the chance... and depending on the judge the same.
But if you get brought up and are actually charged with anything I would definitely appeal that shit. Cause it all sounds like bullshit to me.
I have been to court over 19 times for speeding tickets. Gotten off every ticket defending myself. have gotten some bs liek no seatbelt tickets and oh a nice 200 dollar parking on pavement ticket:P But no point tickets if i bargained down to that route.
never listen to a cop and never talk to a cop whos trying to find dirt on you. Unless they are taking info to help you thats the only time you talk to them.
Cops have no real say in court, only the Prosecutor, judge, and DA do if they are all present. I had a cop try and bully me into saying if i didnt plead guilty to his so called "deal" of 86 in a 65 that i was gonna fuck myself over and be stuck with the 98 in a 65. I didn't do it and he got all pissed at me cause i didn't take it. Well i knew I wasnt gonna get anything so I left went back for round 2 got off the ticket totally and smiled at the cop while i walked out the door (asshole).
Anyway hope all works out.
05-19-2004, 03:10 PM
#70
still a Masshole
Originally posted by SilverBullet
He should have turned around when the guy in the stang told him he caused a accident instead of leaving the scene. I have been hit by 2 hit and runs and I hate idiots who leave the scenes.
He should have turned around when the guy in the stang told him he caused a accident instead of leaving the scene. I have been hit by 2 hit and runs and I hate idiots who leave the scenes.
And he wasn't involved in a hit and run....technically he didn't hit anyone.
05-19-2004, 04:06 PM
#72
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HOLY SHIT DUDE. ok the guy who started this thread (anothercls) needs to check his pm's. Secondly we need to talk about something, because I was just at the gym thinking about this situation you are in.
Was this mustang a white mustang? Cause if it was do you know by chance what kind of plates were on it? Florida plates? Cause if that was it I know exactly who that was, and I know they have mad beef with me and would have called the cops possibly thinking it was me driving through DE in my CL.
PM me back and let me know cause if it was we need to talk and i possibly need to talk with you and your lawyer.
Was this mustang a white mustang? Cause if it was do you know by chance what kind of plates were on it? Florida plates? Cause if that was it I know exactly who that was, and I know they have mad beef with me and would have called the cops possibly thinking it was me driving through DE in my CL.
PM me back and let me know cause if it was we need to talk and i possibly need to talk with you and your lawyer.
05-19-2004, 04:06 PM
#73
Suzuka Master
Originally posted by Linner
Can you get a ticket after the fact. That would be like getting a ticket for speeding after you got home? Doesnt sound right to me.
Can you get a ticket after the fact. That would be like getting a ticket for speeding after you got home? Doesnt sound right to me.
Sometimes the police will let someone outrun them, and then just wait for them to head home. However, they are generally showing up to drag you off for evading. They add the rest of the violations "for fun." (Nothing like a bonus -- hey?)
05-19-2004, 06:52 PM
#74
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I'm not sure where a lot of you are going with some of your arguments. Oh well....
All I know is if we are talking legal issues, the laws are pretty clear on what can and cannot be done. You definitely can be the cause of an accident without actually making physical contact with another car, it happens all the time when you run a stop sign and the right-of-way cross-traffic has to drive into a ditch in order to avoid a collision with your drunk stop sign running ass.
But at the same time, I wouldn't have a problem with returning to the scene of an alledged incident where an independent driver made it known to me that I might have done something wrong. By returning, it doesn't change the facts and the harmed party will still have to file/witness the complaint, not the police. If for whatever reason you don't return back, that's not hit and run; you never hit anything.
Linner, two minutes, or twenty minutes or twenty hours later. If you did the traffic violation and timing is not a relevant factor to the violation, you can receive the ticket. It's only a ticket, your chances are probably better for getting off because of the time-span, but you WILL receive the ticket nonetheless. Lots of tickets are written up "later".
So listen to SiG and stay out of court without a lawyer. Do what you want but stop letting the police order you around so much. You don't know all the details of what really happened, suppose the next time you show up, they tell you "that guy finally passed away, we're upping the charges to unintentional vehicular manslaughter." Fine....but you'll be there without a lawyer and knowing you, you might sign something....
All I know is if we are talking legal issues, the laws are pretty clear on what can and cannot be done. You definitely can be the cause of an accident without actually making physical contact with another car, it happens all the time when you run a stop sign and the right-of-way cross-traffic has to drive into a ditch in order to avoid a collision with your drunk stop sign running ass.
But at the same time, I wouldn't have a problem with returning to the scene of an alledged incident where an independent driver made it known to me that I might have done something wrong. By returning, it doesn't change the facts and the harmed party will still have to file/witness the complaint, not the police. If for whatever reason you don't return back, that's not hit and run; you never hit anything.
Linner, two minutes, or twenty minutes or twenty hours later. If you did the traffic violation and timing is not a relevant factor to the violation, you can receive the ticket. It's only a ticket, your chances are probably better for getting off because of the time-span, but you WILL receive the ticket nonetheless. Lots of tickets are written up "later".
So listen to SiG and stay out of court without a lawyer. Do what you want but stop letting the police order you around so much. You don't know all the details of what really happened, suppose the next time you show up, they tell you "that guy finally passed away, we're upping the charges to unintentional vehicular manslaughter." Fine....but you'll be there without a lawyer and knowing you, you might sign something....
05-19-2004, 06:57 PM
#75
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Originally posted by Slimey
But anyone can accuse anybody of anything. It does not sound like there's any evidence of anything. Ultimately, if it's one word against another, and there is no physical evidence, I'm not sure how this holds up.
Now, if there is a bus load of witnesses to something, that's a different story.
But anyone can accuse anybody of anything. It does not sound like there's any evidence of anything. Ultimately, if it's one word against another, and there is no physical evidence, I'm not sure how this holds up.
Now, if there is a bus load of witnesses to something, that's a different story.
Sorry but he knew, and obviously the witnesses turned him in.
05-19-2004, 06:59 PM
#76
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Originally posted by ferizzo
Thats fucking retarded! I wouldn't turn around cuz someone told me something. I would turn around if I knew I caused an accident not because Johnny Mustang told me I did.
And he wasn't involved in a hit and run....technically he didn't hit anyone.
Thats fucking retarded! I wouldn't turn around cuz someone told me something. I would turn around if I knew I caused an accident not because Johnny Mustang told me I did.
And he wasn't involved in a hit and run....technically he didn't hit anyone.
05-19-2004, 08:20 PM
#78
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Originally posted by SilverBullet
You don't have to TOUCH a car to cause a hit and run. The person might have swerved to miss you, and caused him or her to loose control of the vehicle, which in turn causes a accident. That car drives off not knowing he cut someone off and with loud music, and not looking in mirrors, he wouldn't know. If I had someone come tell me, I would freak and turn around just to make sure everyone is okay.
You don't have to TOUCH a car to cause a hit and run. The person might have swerved to miss you, and caused him or her to loose control of the vehicle, which in turn causes a accident. That car drives off not knowing he cut someone off and with loud music, and not looking in mirrors, he wouldn't know. If I had someone come tell me, I would freak and turn around just to make sure everyone is okay.
Hit & run involves a HIT.
05-19-2004, 08:27 PM
#79
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Not that I'm a lawyer, but I really don't think you're liable for just driving bad and someone running off the road to avoid you. You may get a ticket for reckless driving but I find it hard to believe they could charge you with more without actual contact between cars. And I don't think you can be charged with leaving the scene of an accident without contact either.
From the beginning I would have just hung up on him, this is rediculous how this case has continued.
From the beginning I would have just hung up on him, this is rediculous how this case has continued.
05-19-2004, 09:19 PM
#80
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Originally posted by Derski
HOLY SHIT DUDE. ok the guy who started this thread (anothercls) needs to check his pm's. Secondly we need to talk about something, because I was just at the gym thinking about this situation you are in.
Was this mustang a white mustang? Cause if it was do you know by chance what kind of plates were on it? Florida plates? Cause if that was it I know exactly who that was, and I know they have mad beef with me and would have called the cops possibly thinking it was me driving through DE in my CL.
PM me back and let me know cause if it was we need to talk and i possibly need to talk with you and your lawyer.
HOLY SHIT DUDE. ok the guy who started this thread (anothercls) needs to check his pm's. Secondly we need to talk about something, because I was just at the gym thinking about this situation you are in.
Was this mustang a white mustang? Cause if it was do you know by chance what kind of plates were on it? Florida plates? Cause if that was it I know exactly who that was, and I know they have mad beef with me and would have called the cops possibly thinking it was me driving through DE in my CL.
PM me back and let me know cause if it was we need to talk and i possibly need to talk with you and your lawyer.
