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can they do this???

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sj960

Junior Member
What is the name of your state? NJ

I pulled out of a local gas station onto a local 2-lane one-way highway (Rt 35.). The exit of the station is angled towards the road, so I exited and went into the far lane, knowing I had to make a right soon. There was no visible traffic for quite a distance and the speed limit was 35. I then made a right using my blinker in the 35mph zone onto a residential street with a 25mph limit, I was not speeding. I then made a left onto a road that leads to my house, then a left on my road and I parked in front of my house, turned off my car, lights, got my belongings, locked the car and headed down the driveway to the rear of my house. It probably took about 2-3 minutes to get home. After I was halfway up my driveway 2 cops pull up and turn on their lights and yell to come back to my car. Being a good citizen, and knowing I had broken no laws I complied. He then said how I was doing in excess of 40mph on the highway and i did not signal to exit the highway, when in fact i did. I told the officer that I did signal and was not speeding and had a passenger in the car to confirm that. He returned to his vehicle and told me to go sit in my car, even though it was locked. I unlocked my car, sat inside and waited for him to come back. When he returned, he complained of how loud my exhaust is and said he was going to give me a ticket for that but gave me the failure to signal instead. I do have a performance exhaust, but it does not exceed the decibel limit at all. Then they both left and I was stuck with a 2 point ticket that I don't believe I should have to pay!!! And to really add fuel to the fire, I called to plead not guilty and was told I would recieve a court date in the mail. I received the notice in the mail the day after the court date... Received it on the 7th and the court date was the 6th. Now I have no credibility because they issued a warrant for failure to appear and they dont believe the court notice took that long to get to my house. I dont know what to do now. I have a trial scheduled and that date is coming in the mail, I hope it gets here in time. Please help me!
 


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seniorjudge

Guest
sj960 said:
....I do have a performance exhaust....
Does this mean "loud muffler"?

Anyway, once you plead guilty and ask for a court date, it is up to you to keep up with when it is. That's the rule.
 

sj960

Junior Member
the court date thing isnt a big deal at this point, but the whole situation is the important part, does anyone have any comments on what happened with the cops callin me back and such?? i used my blinker!!!
 
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seniorjudge

Guest
sj960 said:
the court date thing isnt a big deal at this point

I believe you said something about a warrant being issued for your failure to appear in court? Anyway, at this point, prosecutor has probably lost interest in plea bargaining with you.
 

sj960

Junior Member
seniorjudge said:
I believe you said something about a warrant being issued for your failure to appear in court? Anyway, at this point, prosecutor has probably lost interest in plea bargaining with you.
I tried but all he wanted to do was make it a $250 no point ticket and add a $250 surcharge to make it a no point ticket, plus costs, so over $530.... no way.... I shouldnt have to pay for something I didnt do!!!!! the original ticket is $80 something with 2 points, I should have to pay less than that with no points!!!

anyone know anything about him calling me over after i was home?? is that legal?
 
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seniorjudge

Guest
sj960 said:
I tried but all he wanted to do was make it a $250 no point ticket and add a $250 surcharge to make it a no point ticket, plus costs, so over $530.... no way.... I shouldnt have to pay for something I didnt do!!!!! the original ticket is $80 something with 2 points, I should have to pay less than that with no points!!!

anyone know anything about him calling me over after i was home?? is that legal?
When you get a break in a plea bargain, you generally have to pay more than if you just plead straight to the original charge. As far as the cop pulling you over when you were home, I don't really see what is illegal there.
 

sj960

Junior Member
seniorjudge said:
When you get a break in a plea bargain, you generally have to pay more than if you just plead straight to the original charge. As far as the cop pulling you over when you were home, I don't really see what is illegal there.
you still havent answered what i asked though.... why should i pay for a crime i did not commit???
 
Thats a fairly long chain of bad luck. From someone on the outside looking in, for two officers to go to the trouble to track you down in the way you describe, it's likely there is more to the story than you have comprehended or to convince a judge otherwise.

A vehicle with a performance exhaust usually has other characteristics and is driven in a way to attract attention. Depending on whos attention you attract, this can be good or bad.

I'm not trying to be mean, just how it appears to me.

Just curious, what were you driving?
 
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seniorjudge

Guest
sj960 said:
you still havent answered what i asked though.... why should i pay for a crime i did not commit???
When you plead guilty to a different crime than you committed in a plea bargain, the new crime is supposed to be a lesser included offense of the original crime.

E.g., if you commit capital murder, you could plead guilty to manslaughter.

However, in practice and in traffic court, this principle is pretty loosely interpreted.

E.g., you could be charged with a $100 speeding ticket (with points) but plea bargain it to an "equipment violation" for $200 (with no points).
 

sj960

Junior Member
Its a Honda Accord.... and this is my town, I never get hassled here, for anything... it just does not make sense
I was not speeding, I used my turn signal for every turn/lane change... i dont get why i should have to pay for this...
and senior judge, you keep answering around what I asked.... why should I pay for this if i didnt do it???
 

cyclonez

Junior Member
sj960 said:
What is the name of your state? NJ
After I was halfway up my driveway 2 cops pull up and turn on their lights and yell to come back to my car. Being a good citizen, and knowing I had broken no laws I complied. He then said how I was doing in excess of 40mph

ticket that I don't believe I should have to pay!!! And to really add fuel to the fire, I called to plead not guilty and was told I would recieve a court date in the mail. I received the notice in the mail the day after the court date... Received it on the 7th and the court date was the 6th. Now I have no credibility
You need to get yourself a good lawyer NOW! In my state I believe it is illegal for the cops to do what they did to you. They cannot stop you for a traffic violation once you have reached your destination and exited the vehicle. It may be different in new Jersey, but I know a guy who got a ticket dismissed for I believe what you are talking about.

As far as the court date goes, what is the POSTMARKED DATE ON THE ENVELOPE? If it is the date of your court appearance or the day before, you have a hell of a good case, and can likely get the additional charges/penalties for failure to appear thrown out, but it's likely your lawyer will have to take it to a higher court, as the "kangaroo court" you are dealing with is only interested in screwing you as much as possible and has no integrity whatsoever. They are probably working hand-in-hand with the shady cops -- this is typical.

In addition, if you have more witnesses (find them ASAP -- neighbors, etc!) that can help you prove what the cops did to you, you may (and this is only if you can find several credible witness to back up your story) be able to file a harassment suit against the cops and win. After getting a lawyer, I would certainly look into filing a complaint with the chief of police, but keep in mind, if the whole department is shady, the cops will really start making trouble for you.
 
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seniorjudge

Guest
cyclonez said:
...In my state I believe it is illegal for the cops to do what they did to you. They cannot stop you for a traffic violation once you have reached your destination and exited the vehicle....
You wouldn't happen to have any authority to back you up on this very bizarre statement, would you? Statutes, cases, stuff like that?
 

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