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Arrested and ended up with citation?

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louhazosc

Guest
What is the name of your state? FL
Short Version.
In a town about 90 miles away from mine I was traveling in a 6 lane road (3 lanes per side), witnessed a state trooper about 100 yards in front of me go driving across 3 lanes of oncoming traffic to go into a ditch on the far left, I was in the far right lane because where I was going was a mile up on the right (so why would I ever be in the left lane anyway??). About 1.5 hours later I was stopped by 4 police vechiles, told to turn off my vechile, put my hands where they could see them, one officer had his weapon drawn, and was told to step out of my vechile. My truck was inspected for damage, I was frisked, then handcuffed and put into the back of a police vechile. 5-10 minutes later I was read my miranda rights. 10 minutes later I was removed from the police vechile, unhandcuffed, and asked if I knew what was going on..."No, I don't" This happened because they informed me that they had a "Be on the look out for" a vechile that matched my truck because it had been involved in running a police officer off the road. I informed them that I did see this but I was nowhere near it. After telling my side of the story I was told to "Think about my srory for a couple of minutes" After 25 minutes the police officer told me he just got off his cell phone with an eye witness that got my plate number and my story had too many holes in it. After all of this I received an $86.00 citation for improper change of lane or course"
OK, I know the first thing you will say is to get a good atorney, I honestly can not afford one. I know I was arrested, but what I need to know is what key points I should hit on when I go to defend myself in court and what rights of mine were violated. Pulling someone over and removing them from their vechile can not be proper procedure when you end up with a ticket!
I obtained the crash report and put in for a full discovery but they just sent me the crash report again. I do have the phone number of one their witnesses that I am going to get a deposition for but how can I do that without a lawyer also. I have been trying to call him for 3 days now with no answer.
If you read all of this, thank you and I can fill in any gaps but I didn't want to make this longer than it is.
 


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dan148

Guest
Ok....I am not an attorney nor do I have any experience in "Law" so I cannot offer you anymore than my opinion. If all you received is an $86.00 citation than just pay it and move on. You say you cannot afford an attorney so how do you expect to fight this without money...It would probably cost you alot more to fight this the way you want to fight it than it would be just to pay the $86.00. If what you say is true and you had nothing to do with reckless driving or running the cop off the road than I am sorry you got tagged for it, but If I were you I would swallow it, pay the citation and move on with your life.
Good Luck
 
L

louhazosc

Guest
Like I said, there are lots of gaps in this story that I didn't mention but listen....
Forced out of my vechile at gunpoint. Frisked. Vechile inspected for damage. Handcuffed. Miranda rights read. Detained for 1 hour.
Then issued a citation.
This can not be that difficult to fight myself. I know a majority of this will rely on the judge and hoping he has common sense, but I just need to know the key points to address when I go to fight this because I 100% refuse to let this get pinned on me because I was in the wrong place at the wrong time.
Something that I left out...
I pulled into a circuit city 1 mile away from where this happened.
1. They said a witness followed me and got my plate #...why didn't they tell the cops I was at circuit city, they must have seen me pull in.
2. I asked for directions to the circuit city and the woman at the 7-11 told me it was 1.5 miles up on the right...why the hell would I ever go 3 lanes over to the left??
Like I said I just need a judge with common sense and knowing that this procedure that the cops used is completely wrong...you do not draw down for an 86 dollar citation.
 
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dan148

Guest
I understand you completely

Like I said, if this got pinned on you because you were in the wrong place at the wrong time it's really a bad situation for you and I am sure it sucks. I know you don't want to just pay it and move on...hell I wouldn't either. However you stated that you couldn't afford an attorney which leads me to believe you wouldn't be able to pay the ENORMOUS court costs that you will have to pay on top of the $86 citation if you lose. Like I said previously, I am not a cop nor do I have any exerience in law, but I can probably assume that when you face the citation in court and you fight it, it will then go to the next level, ie; Subpoenas, Depositions, Court time, Oh and that attorney you can't afford to hire, etc...which will end up costing you alot of money and headache....If you have the resources to pursue this fight then by all means do so....
Good Luck
P.S. What city did this happen?? I too live in Fl, South Florida
 
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louhazosc

Guest
The main reason I am pursuing this is due to the fact that I have spoken with 2 friends in the Tampa Police Academy and they have spoken with cop friends, their law professors, and all agree to fight the hell out of this. Unfortunately my resources with these friends has been limited which is the reason for posting here.
Interesting...this occured in Port Charlotte on Tamiami trail which has a notorious reputation unfortunately. If you're from there that'd be a riot.
 
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dan148

Guest
Good luck!!

No..I am from the Fort Lauderdale area, Anyway I hope you can pursue and win your fight. Please keep posting as it progresses as I am very interested in this development and hopefully someone with experience in Law will read this and better advise you of your options. Good Luck.
Dan
 

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