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wreckless driving charges, other party caused accident, public def. not thrilled

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CharlieHazard

Junior Member
What is the name of your state (only U.S. law)? Indiana

Hello,

I was recently charged with reckless driving for someone slamming on their brakes and wrecking into me in passing lane...

About 3 am not long ago car went past our home, they threw out a large firecracker, something that exploded, yelling and making a hand gesture, while driving past.
This is a fairly quiet leave your doors unlocked (many) kind of town.
The car went by a couple more times so my son and I got in our car to follow if they came back again as they seemed to be driving by repeatedly like 3 passes.

WE followed the vehicle as it went past us again they didn't notice us sitting in our car I guess and they immediately turned into an elderly couple’s driveway on our street.
We passed the house and turned right onto the street immediately next to that house, went to the next block up and drove back towards our street again slowly, to avoid some maniac shooting from the driveway, as we didn't know who or what we were dealing with.

We turned the corner to see the car leaving back south in direction of our home, we caught up to the vehicle who sped up, we sped up went as if to pass them so we could identify who we were about to report for throwing explosives out of their car at our car.

The second we got next to the car the driver slammed their brakes on coming into our lane hitting our car,spinning our car sideways in the road.

We get out the car to a woman screaming at the top of her lungs that we hit their car intentionally over and over.

I let them know why we followed over the fireworks which was 4 large fireworks firecrackers and a Bic lighter taped together.

And that we were trying to identify, more screaming.
My son tells me dad, that's my ex girl friend (from a week ago break up over this girl taking s health care suggestion as an insult...)

She is the passenger and there is a boy and then a driver probably in her late 30s or 40 something with to barely 20 something kids in her car one being and ex girl friend , and with the incident I previously described just happening y coincidence.

I tell them I am recording the conversation since the screaming will not stop. I turn it on , the woman says in the recording, "I hit my brakes because you were following me".

Police show up, the woman's husband, boyfriend whatever shows up, as she called him, and he attempts to attack us in our car screaming "if that kid is in the car I'm killing" etc... Police restrain him twice.

Tons of local cops come , young decent guys and one older county. The old guys sees one of the skid marks (which actually showed them coming into our lane and when we hit our brakes) and and he starts yelling at the younger officers , I mean screaming "if you don't take him to jail I will someone better , he's going to jail!"
Young cop basically looks terrified, so I go to jail after passing breathalyzer and explaining my case , and they refused to even look for the shrapnel etc, even after my son showed some to them.
They towed my car to impound said it was out of gas would not let us drive or even push 200 feet to my house.

Cop tried saying I had an attitude when I said "no I'm not hurt".

they kept acting as if we did something wrong basically over this woman screaming.

There were no witnesses, the picture shows damage smashing my bumper from the rear to front of my car as she came forward hitting as she was against our car and I reacted applying my brakes, much bigger car stopped faster she came forward , it's visible,in pictures of skid marks ad my bumper.

The girl was laughing and joking with friends and boyfriend, until someone of the EMS who'd arrived asked if she was hurt and then she said I think my back, so that went into it all as well.

I don't know that the girl was aware that it was the driver's fault or even that (as I believe) the driver possibly saw an opportunity and intentionally hit our car, I can’t see any other reason why she veered left into our car and her skid marks are even both sides of car.

Now the public defender told me in a "hallway hearing" they wanted me to pay over 300 and to agree to stay away from the people for a year!
I said I'd rather commit suicide publicly, because it's damn lie and they committed a felony and no one gave them breathalyzers, nothing.

We received treats from the new boyfriend for some crazy reason same as the threats from the husband the night of the accident for some reason.

I know my son kissed her ass and gave no cause for the stuff I spent over 2 hours trying to help him make her able to comprehend through web MD etc., etc that no one is saying she is a whore over an infection, (yes it's that ridiculously stupid) that she insists would mean that she has an STD if any type of infection spread to my 23 year old son, which according to her means he was saying she was dirty ad a whore.
She is bi-polar and is sent home from work over crying binges like 3 days a week from a local store.

the driver was just caught shoplifting in one of the local stores as well.

None of this seems to matter to the public defender who told me in the follow up office visit that though my friend and ex supervisor of a PD of a pretty good size for 15 years, said they had no witnesses and no reason to arrest me or deny my my heart medications stating "we don't do co- reg ((the nurse)) I take 5 heart/BP pills a day, and my BP was very high when I finally had a bondsman get me out.

We showed them my BP, cuff and they said they'd make a note of it.

Now the PD is acting like he is angry as hell wit me for not wanting to take this "deal" they are trying to offer me.
I am disabled and there is not a dime they can take from me if I had it to give , and I wouldn't over a false accusations.
The driver of the other vehicle also we learned, is neighbor of my son's fellow band mate and they have told the kid's parents that they had a restraining order on us and that they could get into trouble , etc., and there is no restraining order against anyone.

I am told by the PD I must print up[ all of the photos though I burned to a CD and a USB drive for evidence of both the photos and the woman saying she hit er brakes because I was following her. I offered them to him and he has no interest it seems in any of it except me printing pictures but said nothing about the recording and didn’t even want to hear it.

Is this because they already made a deal and assumed I was guilty and I am creating more work ?

I just don't get any of this and how I am supposed to go down and press the charges and explain how they didn't do a breathalyzer etc. etc.
I already have been refused eds and believe could have been abused over saying I was not hurt, except for another officer approaching my car.

My insurance agent after I told him what happened ., exclaimed "That sounds like you dealt with so & so police dept to me, laughing , and informing me of being familiar with their tactics, and "ways".

My ex PD supervisor buddy said the same and worse, regarding the methods and tactics here.
he said he had sent 20 recruits here who all refused and went back to the PD he supervised, something about people's rights etc.
Of which I was never read mine nor told I was under arrest, as well.

This is more than stressful, I am literally afraid, and have ongoing liver disease and now ulcers again since this happened several months ago.

I am afraid they will charge me without allowing me to go back in front of the judge again who was fine with my USB drive and CD it seemed when I had them given to him, which he returned to me and told me to bring back to the trial.

I don't think this very sick girl could take me saying the personal problems she has and about the reason for their breakup, and it sickens me to even think of having to go there. I just don't know how driving by throwing a felony out the car window while yelling and making a hand gesture is able to have been ignored let alone the little bundle of love wrapped wit electrical tape and included an exploded Bic lighter.

The new BF in the car was going on about how he just got back from Afghanistan etc, and mentioned that plenty in his threatening texts to my son warning him to stay away from the girl etc.

The girls was never approached after my son had to give up on her ever being competent enough to understand what I regretfully had to explain above.

I apologize for my ignorance but I did security work, alongside some good cops in Tampa fr 3 years, saw a lot, of bad things and domestic disputes were always my job first & then involve police, there was no way out and I was one hell of a good baby sitter for a bunch of drunks, thieves , crackheads and people worth $70 million, all at the same time. :)

I am not some uncontrollable maniac this woman has made me out to be .
I don't know how a department can do tings like this and how someone can just tell a lie and get away with it, but I have until the 8th of December before I have to show up for what looks like another hallway hearing.

I haven't been able to get a witness to go with me to file the charges and that just doesn't sound kosher to me.
Just ignorant I know , I just obviously need the help.
Thank you in advance and sorry for the length.
 
Last edited:


Silverplum

Senior Member
I'm sorry, but that is simply waaaay too long to read, and contains far too many irrelevant details.

Please condense it, leave out the minutiae, and ask a clear question.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Indiana

I was recently charged with reckless driving for someone slamming on their brakes and wrecking into me in passing lane...

About 3 am not long ago car went past our home, they threw out a large firecracker, something that exploded, yelling and making a hand gesture, while driving past ... so my son and I got in our car to follow ...

... we didn't know who or what we were dealing with.

... we caught up to the vehicle who sped up, we sped up went as if to pass them so we could identify who we were about to report for throwing explosives out of their car at our car.

The second we got next to the car the driver slammed their brakes on coming into our lane hitting our car,spinning our car sideways in the road. ...

... the woman says in the recording, "I hit my brakes because you were following me".

... I go to jail after passing breathalyzer and explaining my case ... They towed my car to impound ...

... they kept acting as if we did something wrong basically over this woman screaming.

... Now the public defender told me in a "hallway hearing" they wanted me to pay over 300 and to agree to stay away from the people for a year!
I said I'd rather commit suicide publicly, because it's damn lie and they committed a felony and no one gave them breathalyzers, nothing. ...

... I am not some uncontrollable maniac this woman has made me out to be .
You were reckless in a couple of ways, from what I can tell in your post.

You were reckless, first, when following the car rather than calling the police to handle the matter, and you were reckless, second, when you chased the car through a residential district and tried to pass it. You appear to have created a more dangerous situation on the roads than the occupants of the other car did.

You would be smart at this point to hire a private attorney, if you do not want to pay $300 and agree for a year to stay away from the individuals who were in the other car.
 

TigerD

Senior Member
God help me, I read this...
... Indiana
...
I was recently charged with reckless driving....
Okay

About 3 am not long ago car went past our home, they threw out a large firecracker, something that exploded, yelling and making a hand gesture, while driving past.
...WE followed the vehicle...we caught up to the vehicle who sped up, we sped up went as if to pass them...
This was a mistake.

My son tells me dad, that's my ex girl friend...
Ahh... the plot thickens


Now the public defender told me in a "hallway hearing" they wanted me to pay over 300 and to agree to stay away from the people for a year!
I said I'd rather commit suicide publicly, because it's damn lie and they committed a felony and no one gave them breathalyzers, nothing.
1. Your attorney has an obligation to present all plea offers to you.
2. You aren't in court over what they did - you are in court because of what you did.

...silly noise...
None of this seems to matter to the public defender
Rightly so, because none of that matters. Your blood pressure is not relevant to your charges either.

We showed them my BP, cuff and they said they'd make a note of it.
Which means: "If that's what I have to say to get you to shut up and move on, I'll make a note of it."

Now the PD is acting like he is angry as hell wit me for not wanting to take this "deal" they are trying to offer me.
Probably not. He might be irritated that you are unable to focus on your case instead of raging at the other guy.

I am disabled and there is not a dime they can take from me if I had it to give , and I wouldn't over a false accusations.
Apparently, you know little about what a criminal court can and can't do.

The driver of the other vehicle also we learned, is neighbor of my son's fellow band mate and they have told the kid's parents that they had a restraining order on us and that they could get into trouble , etc., and there is no restraining order against anyone.
Totally not relevant.

I am told by the PD I must print up[ all of the photos though I burned to a CD and a USB drive for evidence of both the photos and the woman saying she hit er brakes because I was following her. I offered them to him and he has no interest it seems in any of it except me printing pictures but said nothing about the recording and didn’t even want to hear it.
Please stop trying to provide evidence against yourself.

Is this because they already made a deal and assumed I was guilty and I am creating more work ?
No, it is because you don't understand the legal process or how difficult you are making it for your attorney to defend you. And, oh by the way, you are guilty and you keep trying to give proof of your guilt to everyone you meet.

I just don't get any of this...
Clearly. You broke the law. You got caught. The-other-guy-broke-the-law-too is not a valid defense.

...Noise...

I am afraid they will charge me without allowing me to go back in front of the judge again who was fine with my USB drive and CD it seemed when I had them given to him, which he returned to me and told me to bring back to the trial.
If you have a public defender, you have already been charged. If you gave incriminating evidence to the judge, you are an idiot.

I am not some uncontrollable maniac this woman has made me out to be .
You chased your son's ex-girlfriend through public streets causing an accident because they drove past your house and set off a firecracker - that is the very definition of uncontrollable.

I don't know how a department can do tings like this and how someone can just tell a lie and get away with it, but I have until the 8th of December before I have to show up for what looks like another hallway hearing.
You need to have a heart-to-heart with your attorney and listen to him/her.

DC
 

Just Blue

Senior Member
I'm sorry, but that is simply waaaay too long to read, and contains far too many irrelevant details.

Please condense it, leave out the minutiae, and ask a clear question.
Silver...You know that I love you to death...BUT...OP likely does not have a handy Websters to look up the word "minutiae". :p
 

CharlieHazard

Junior Member
But you are assuming OP can spell "google". :p
I can spell plenty and I apoligize, but I have liver disease in late stages and am overloaded with ammonia in my blood.
It took me nearly two hours to write and edit what I did and that was with spellcheck.

I did not realize it was a grammar, or writing flamefest .
I admit ignornace to much of this, but I see to not understand especially after knowing & talking about this case with LE friends and Ex LE friends, who so far asay I did nothing illegal and should bever have bee arrested.
I did not break the speed limit the streets were empot and pulling up next to someone who just threw an iomprovised explosive at your car/ home seemed to warrant identifying who it was. Sorry I recovered a judges daughjer, and some other hairy jobs in the past, and I have two attorney friends whom I can not afford nor can they afford to help, with what I could pay which is nothing, since we starve nearly every month.
I used to moderate some forums years ago and only in a cat lovers forum have I seen rudeness as is here.

Judged for my intelligence or ignornce, instead of just just not attacking would seem more appropriate.

I am 56 , Ive seen very much of what the legal system is capable of .
I am talking about what one 15 year veteran and large police dpet says was a bad arrest and , should have never happened, my attorney friend says I can sue the dept, but it will cost, and can't take payments for defending me.

So basically I am gathering that we are not allowed to do a legal neigborhoodwatch activity (driving) to make sure one has the correct person to identify, by pulling uyp next to them and looking over at 35 mph.
WE have people driving 50 on this street in the daytime wit traffic and parked cars.

How is it illegal to pass (which I never got a chance to) another car? We are allowed to pass other vehicles that are slower moving, are we not?
If I;pm wrong , sorry I don't need to be roasted here.

It is (I am told) illegal to say a restraining ordr exists when one does not disturbing lifestyle etc of others, for spite etc.

I am simply asking questions here, which I thought was the purpose. I have a hard time seeing how my very experienced police friends and atorney friends could be so out of the loop here. One was s state prosecuter for 7 years at least, and I;ve mentioned the superviser and I have spoken about this with two classmates one in homeland security and anther in FBI.

They don't seem to have any different view of this situation at all. I am being told this is a case of negligence , failure to protect the public and a lot other lingo I just don't know, or could be theior sarcasm, I just don't know. We had to make a secret group just to talk abut it privately.

So the police are just off the hook here the way I am understanding what I am reading.

I expected this as I was warned about some very angry type people here.

This ex girlfriend has been overheard telling people at her work place that she "thinks" she knows who did the drive by thing.
In our experience that means she definately knows who did it, and probably had something to do with it.

I could have tailgated these people, I could have run them off of the road I could have shot at them and been in less trouble if at the time of the explsoive being thrown according to one person in L.E., but not everyone agrees with this person.

I think it is insane how little anyone seems to care about someone driving arouynd throwing basically an improvised bomb out of a car window in a residential neighborhood, at 3 am , and getting away wiuth it because they knew enough to lure the people out of the attacked house/car.
We had the crackheads do similar act in Tampa all of the time throw bottles on your roof until you finally came outside to do somethg and then be attacked and robbed etc.

Telling me that's irrellevent simply shortens my care to exist in this world; this is not the courtroom.

I needed some simple honest answers. I saw a few and they are appreciated; the rest of you are no better tha anyone else.
I ahve been asked toi speak at the University of Chicago to neurosurgery students to explain CO2 poisoning of the brain, due to specific conditins in the brain's fluid dynamics.
I have saved lives that others could not save, I have put my life on the line for complete strangers, multiple times.

I'm sorry my spelling or grammer /knowledge is so insulting here.
I also have lived with no chance to escape in a house filled with mold that was literally scooped into 5 gallon buckets, there ws so much of it, for nearly 20 years.
So my vocabulary is going to hell, and my typing is as if I am coming down with dyslexia of the hands.
Ther is no way to explain.

BUt I can say I helped moderate one of the worlds largest Chiari malformation forums onlne for some time, and we never assumed that people askig for help were not disabled , or did not have a legitimate reason for typoing in a manner that looked atrocious toi most people.

If it's that much of a challenge to read , no one is forcing anyone.

Thank you to those hwo tried to help , the rest I have no words for.
Ive been treated better by peoplein the back of a limo with a shotgun to my head than here.
Of course they couldspeak to me and didn';t get to develope a hatred over y spelling, or igorance of law. etc.

God bless those who deserve his love and the opposite to those who ignore truths.
 

FlyingRon

Senior Member
Nobody is being forced to read, nobody is being forced to answer. You would think you would want answers, but I guess you'd rather just come here to vent and ramble on incoherently. Have a nice day. There are other posters who actually want to engage in conversation about their problems to deal with.
 

quincy

Senior Member
I can spell plenty and I apoligize, but I have liver disease in late stages and am overloaded with ammonia in my blood.
It took me nearly two hours to write and edit what I did and that was with spellcheck.

I did not realize it was a grammar, or writing flamefest .
I admit ignornace to much of this, but I see to not understand especially after knowing & talking about this case with LE friends and Ex LE friends, who so far asay I did nothing illegal and should bever have bee arrested.
I did not break the speed limit the streets were empot and pulling up next to someone who just threw an iomprovised explosive at your car/ home seemed to warrant identifying who it was. Sorry I recovered a judges daughjer, and some other hairy jobs in the past, and I have two attorney friends whom I can not afford nor can they afford to help, with what I could pay which is nothing, since we starve nearly every month.
I used to moderate some forums years ago and only in a cat lovers forum have I seen rudeness as is here.

Judged for my intelligence or ignornce, instead of just just not attacking would seem more appropriate.

I am 56 , Ive seen very much of what the legal system is capable of .
I am talking about what one 15 year veteran and large police dpet says was a bad arrest and , should have never happened, my attorney friend says I can sue the dept, but it will cost, and can't take payments for defending me.

So basically I am gathering that we are not allowed to do a legal neigborhoodwatch activity (driving) to make sure one has the correct person to identify, by pulling uyp next to them and looking over at 35 mph.
WE have people driving 50 on this street in the daytime wit traffic and parked cars.

How is it illegal to pass (which I never got a chance to) another car? We are allowed to pass other vehicles that are slower moving, are we not?
If I;pm wrong , sorry I don't need to be roasted here.

It is (I am told) illegal to say a restraining ordr exists when one does not disturbing lifestyle etc of others, for spite etc.

I am simply asking questions here, which I thought was the purpose. I have a hard time seeing how my very experienced police friends and atorney friends could be so out of the loop here. One was s state prosecuter for 7 years at least, and I;ve mentioned the superviser and I have spoken about this with two classmates one in homeland security and anther in FBI.

They don't seem to have any different view of this situation at all. I am being told this is a case of negligence , failure to protect the public and a lot other lingo I just don't know, or could be theior sarcasm, I just don't know. We had to make a secret group just to talk abut it privately.

So the police are just off the hook here the way I am understanding what I am reading.

I expected this as I was warned about some very angry type people here.

This ex girlfriend has been overheard telling people at her work place that she "thinks" she knows who did the drive by thing.
In our experience that means she definately knows who did it, and probably had something to do with it.

I could have tailgated these people, I could have run them off of the road I could have shot at them and been in less trouble if at the time of the explsoive being thrown according to one person in L.E., but not everyone agrees with this person.

I think it is insane how little anyone seems to care about someone driving arouynd throwing basically an improvised bomb out of a car window in a residential neighborhood, at 3 am , and getting away wiuth it because they knew enough to lure the people out of the attacked house/car.
We had the crackheads do similar act in Tampa all of the time throw bottles on your roof until you finally came outside to do somethg and then be attacked and robbed etc.

Telling me that's irrellevent simply shortens my care to exist in this world; this is not the courtroom.

I needed some simple honest answers. I saw a few and they are appreciated; the rest of you are no better tha anyone else.
I ahve been asked toi speak at the University of Chicago to neurosurgery students to explain CO2 poisoning of the brain, due to specific conditins in the brain's fluid dynamics.
I have saved lives that others could not save, I have put my life on the line for complete strangers, multiple times.

I'm sorry my spelling or grammer /knowledge is so insulting here.
I also have lived with no chance to escape in a house filled with mold that was literally scooped into 5 gallon buckets, there ws so much of it, for nearly 20 years.
So my vocabulary is going to hell, and my typing is as if I am coming down with dyslexia of the hands.
Ther is no way to explain.

BUt I can say I helped moderate one of the worlds largest Chiari malformation forums onlne for some time, and we never assumed that people askig for help were not disabled , or did not have a legitimate reason for typoing in a manner that looked atrocious toi most people.

If it's that much of a challenge to read , no one is forcing anyone.

Thank you to those hwo tried to help , the rest I have no words for.
Ive been treated better by peoplein the back of a limo with a shotgun to my head than here.
Of course they couldspeak to me and didn';t get to develope a hatred over y spelling, or igorance of law. etc.

God bless those who deserve his love and the opposite to those who ignore truths.
Charlie, most of what you wrote here and in your first post is not pertinent to the reckless driving charge. It is unnecessary clutter. What is looked at in court is the offense itself and not the background or character of the people who are the purported victims of the offense. The fact that the victims may be of low moral character does not justify acting out against them.

Below are a couple of important facts for you to keep in mind when you speak with your attorney and are before the judge:

With your attorney, you will be charged for every word you speak or, if you have a public defender, you will be wasting the limited amount of time the attorney has to spend on your case. Keep what you have to say brief and to the point.

With the judge, what you say about the purported victim can be used against you. If it appears that you were acting out of rage and hatred and revenge, your sentence can be stiffer than if you were, in ignorance, thinking your actions were the right thing to do (they weren't, by the way).

I don't know who your attorney and LE friends are but, if you provided them with the same facts as you presented to us here, they were not doing you any favors by saying what you did was right. You should have called the police instead of searching for and then chasing the supposed perpetrators through the streets. You were risking your life and your son's life, and the lives of any others on the street, and those in the other car. What you did was reckless.

Good luck.
 

TigerD

Senior Member
I think it is insane how little anyone seems to care about someone driving arouynd throwing basically an improvised bomb out of a car window in a residential neighborhood, at 3 am , and getting away wiuth it because they knew enough to lure the people out of the attacked house/car.
You misunderstand.

There is a time and place for your dispute with those people. Your attorney is trying to defend you from a specific charge. Everything, other than the facts that support or refute that charge, is meaningless.

DC
 

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