cblewgolf said:
What is the name of your state? DE
Cop states he was driving Southbound and observed me driving Northbound and I crossed over the white line on the right twice (which I beleive is untrue). Said he pulled a U-turn and observed me crossing once more, in which I was moving into a lane designated for going straight instead of the turning lane. Followed me another 1/2 mile and pulled me over as I pulled into the driveway! Is this probable cause? How could he see me touch the white line as we were both driving in opposite directions going 40MPH?
Also, he states I used the trunk of car for balance and I missed a foot-toe exercise twice. This is untrue as well and my sober wife was witnessing. Can I argue his observations? Can my wife be a witness?
Q: Is this probable cause?
A: Yes.
Standard answer
Here are some hints on appearing in court:
Dress professionally in clean clothes.
Do not wear message shirts.
Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)
Bathe and wash your hair.
Do not bring small children or your friends.
Go to court beforehand some day before you actually have to go to watch how things go.
Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.
Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable.
From marbol:
“Judge...
You forgot the one thing that I've seen that seems to frizz up most judges these days:
If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.
If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR it VIBRATE!
Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”
(Better yet, don’t carry your cell phone into the courtroom.)
Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):
1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)
2. My girlfriend/mother/sister/daughter is pregnant/sick/dying/dead/crippled and needs my help.
3. I’ve got a job in [name a state five hundred miles away].
4. This is the first time I ever did this.
5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)
https://forum.freeadvice.com/showthread.php?p=854687#post854687
Public defender’s advice
http://newyork.craigslist.org/about/best/sfo/70300494.html
Other people may give you other advice; stand by.
