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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 06-04-2008, 07:53 PM
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Can a traffic ticket escalate to criminal charges?


In NJ;

Im considering pleading Not Guilty to an Illegal Left ticket which i got a month ago... i figure, why let him get off easy, i want to make him work for the ticket!

My question: Can he subpeona my phone records and read my text messages? I have Verizon, and i read an article stating the Verizon and AT&T say that SMS msgs are only kept on servers for 5 days for sending purposes and then are deleted. But before i go pleading NG, i would just like to know that if 1) He can read my txt message from that day where i told a friend i did turn illegally. and 2) if i talk about and/or participate in other illegal activities via txt messages if this would ever see the light of court?

Any input is appreciated, clearly id rather pay a ticket then having this escalate into anything WORSE, so please any input thanks.
  #2  
Old 06-04-2008, 08:00 PM
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do you really think they will spend the money getting your text messages for an illegal left turn ticket? That is ridiculous....

and actually, there isn't a "time" limit on the text messages/phone records of us citizens.

you shouldn't lie though. You NEVER know if there are other witnesses, or if it was video taped by someone.

illegal activity on cell phones can be tracked....
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  #3  
Old 06-04-2008, 08:36 PM
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Quote:
Originally Posted by noct3rn4l View Post
In NJ;

Im considering pleading Not Guilty to an Illegal Left ticket which i got a month ago... i figure, why let him get off easy, i want to make him work for the ticket!
Don't tell anyone this, but... Cops like it when people plead Not Guilty. Most of them get paid overtime for court appearances. He doesn't care if you win or lose... he gets paid either way.

You, on the other hand, get to take a few days off work, AND have to pay to park at the courthouse.
  #4  
Old 06-05-2008, 07:55 AM
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Quote:
Originally Posted by Curt581 View Post
Don't tell anyone this, but... Cops like it when people plead Not Guilty. Most of them get paid overtime for court appearances. He doesn't care if you win or lose... he gets paid either way.

You, on the other hand, get to take a few days off work, AND have to pay to park at the courthouse.

Of course i wouldn't lie; id just make him Prove i did the illegal left. from where he was i doubt his visibility. But, it was at walgreens and i think its feasible that it couldve been recorded...

I feel you on the NG and having to call out of work yada yada. I just heard that if you plead NG and he isnt there, then you get off.

nonetheless im leaning towards pleading G simply because in a month or so im only going to be busier.
  #5  
Old 06-05-2008, 10:08 AM
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Quote:
Originally Posted by noct3rn4l View Post
I feel you on the NG and having to call out of work yada yada. I just heard that if you plead NG and he isnt there, then you get off.
I heard that if the cop wasn't wearing his hat, the ticket is invalid.

I heard that if he puts down that your car is 'gold', instead of "Harvest Champagne", or 'purple' instead of "Mauve"... you can get off.

I heard that if the cops don't 'read you your rights', you can't be arrested.



What you're talking about is an urban myth with a few tiny grains of truth. Officers get subpoenaed when they have to appear in court. A subpoena is a court order to appear. Cops can, and have, gotten in serious trouble for failing to appear. As stated earlier, most cops get paid overtime for appearances. How many would risk getting in trouble and at the same time turn down time-an-a-half pay? In the event of an emergency or illness, most courts are willing to reschedule or adjourn a case for an officer if notified in advance.

As you can see, dismissals due to an officer's failure to appear are rare. Not something most reasonable people would base a defense on.
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