From careless to reckless!

I'm a resident in Oregon and while traveling to the Oregon Coast in April I was being tailgated by another car. There is no shoulder because it's a mountain rd. I would go the speed limit and then slow down in the passing lanes to let her pass.

The slowest that I went was about 47mph in a 55. An off duty lady cop called me in as a DUII, not realizing that I was trying to get the other driver to pass.
Another officer followed me and pulled me over, and detecting that I was lucid, (I don't drink), he said I wasn't speeding, and he couldn't ticket me for DUII, or anything else.
He called the off duty woman cop to the scene, and without an explanation, she handed me a careless driving citation. I was shocked, and I began to argue with her about it. (I never cursed, or called her a name, but I did argue) OK-- I will never ever do that again, but I didn't realize how much trouble it would cost me.
I read a suggestion on the net and so I requested discovery, then talked to an attorney. He said he'd go with me to contest the ticket and I should pursue discovery, then he contacted the DA's office and said he was representing me.
Well I mailed and called the DA's office a few times, and each time politely requested the information but I guess persistence ticked off the DA because a State Trooper came to my home and presented me with a reckless driving citation. That carries a 90 day suspension!!
The attorney is a part time professor at our local college and can no longer represent me because they have delayed this case so long. In fact, we had a scheduled trial, but the cop cancelled and the court called me that I couldn't come in that day.
I'm wondering if anyone can tell me if I should risk representing myself or get another lawyer? On one hand, I'm afraid I'll foul up in a courtroom, but having a lawyer sure didn't help me so far,
and I don't know what this cop can actually truthfully say.
If I shouldn't risk doing this alone, I wouldn't even begin to know how to find a good lawyer.
Help!

P.

Here's the statute for careless driving:


811.135. (1) A person commits the offense of careless driving
if the person drives any vehicle upon a highway or other premises
described in this section in a manner that endangers or would be
likely to endanger any person or property.
(2) The offense described in this section, careless driving,
{ - is a Class B traffic infraction and - } applies on any
premises open to the public { + and is a Class B traffic
infraction unless commission of the offense contributes to an
accident. If commission of the offense contributes to an
accident, the offense is a Class A traffic infraction + }.

Here's the statute for reckless driving:

811.140. (1) A person commits the offense of reckless driving
if the person { - recklessly - } drives a vehicle upon a
highway or other premises described in this section { + :
(a) Recklessly + } in a manner that endangers the safety of
persons or property { - . - } { + ; or
(b) At a rate of speed over 30 miles per hour in excess of the
designated speed limit or any posted speed. This paragraph does
not apply to an operator of an emergency vehicle in the course of
the operator's official duty. + }
(2) The use of the term 'recklessly' in this section is as
defined in ORS 161.085.
(3) The offense described in this section, reckless driving, is
a Class A misdemeanor and is applicable upon any premises open to
the public.

Ok, here's the definition for "reckless":

(9) “Recklessly,” when used with respect to a result or to a circumstance described by a statute defining an offense, means that a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists. The risk must be of such nature and degree that disregard thereof constitutes a gross deviation from the standard of care that a reasonable person would observe in the situation.

If what you've told us is the complete truth, it seems to me that if you take this to court and they show up you could request the results of the most recent drug tests on those officers, because obviously they're smoking something.

I suspect if you take this to court, they won't even show up. Assuming the lady cop tells the truth, you can simply look at the judge and ask, "How was I endangering anybody's safety by driving the speed limit and then below in the far right passing lane on a mountain road?" Does the ticket say anything other than "careless driving"? Does it have any explanation about weaving, etc...? HOWEVER, if you can afford it, I'd get a lawyer just as insurance. By the way, the attorney probably did do you some good. I don't know what "requesting discovery" thing did, but I suspect it helped nail down the evidence. Do you see the "Attorney Pages" link to the right? That's about all I can suggest as to where to get a lawyer. I've never used them, but since they have free initial consultation it can't hurt. If the link's not there, go to [url]www.attorneypages.com[/url] God Bless!

Thanks for your response, this is what has transpired since then! When the trooper came to my home with a reckless driving citation, he told me to be sure to tear up the other ticket and not appear for the careless driving trial, because the reckless was a new charge.I decided to call the court the day before the trial & they asked me why I thought the trial was cancelled, and that I BETTER be there. I was in a bit of shock, and afraid to say anything. On Sunday, caller i.d. showed the Oregon State Police called my home. Monday, the day of the careless driving trial, a trooper called early and left a message saying he was calling FOR the Court. The trial was cancelled and I was to show up for the careless driving one week after the reckless driving which is Next month. I knew to come anyway. When I did, the DA assistant and the police officer were there. They looked very surprised to see me. I was scared to death. In a couple of minutes, in walked my lawyer who I originally contacted! I had previously emailed him about the reckless driving ticket and he never responded, so I thought I was on my own. He drove over an hour to that trial. Well, it was a planned conspiracy, although I didn't realize it until we all pieced it together today. They were expecting that I'd miss the trial, and they made a motion to the judge to slap the reckless driving charge on me. My attorney got the judge to dismiss it on the basis that they never provided discovery. Then he gave the DA assistant a little tongue lashing. We went through the trial and the police officer lied like a rug. I was shocked. She stated that cars were swerving to get out of my way, she said that I passed her at a high rate of speed and then slowed down, (that part was the only partially true statement.) I remember passing a small car because I was being tailgated by this white van. I passed quickly and then realized that the white van was putting me in a position to speed, so that's when I decided to stick w/the slow lane and slow down when passing lanes came up and get back to 55 or so on the single lane traffic. She said I was traveling at excessively high speeds. She wrote on the ticket that she followed me for 20 miles beginning at 4:30 pm-5:50 pm when she cited me. I had a letterhead from the Albertson's manager in my city that said I was on video tape 30 minutes away and what I purchased at 4:28. It takes about 1 hour to get to the coast from here and I could prove that it took me about 1:15 minutes. She said it was raining and the pavement was wet, several times. It was a beautiful sunny day, and my friend who I met at the beach testified to that also. She stated that she followed the cop (who was a sargeant w/the city) and he pulled me over then she got right out of her car and wrote the ticket. That too was a lie. We waited for her for 10 minutes. My friend was able to testify that I had time to call her on my cell phone and talk for at least 5 minutes to tell her the sargeant and I were waiting for her to show up to tell me what her beef was since he found nothing wrong with my driving. And I was found guilty by the judge with a $30. reduction in fine. I have learned alot from this. After the trial I really thought she just mixed up all the facts, and since I had gotten angry with her, I went to her and apologized. I still respect the uniform and don't regret it. But she said she didn't even recall that I was angry. That tipped me off to it being her who was targeting me. She just didn't want the court to know how vindictive she was. Later, we pieced it together with our attorney and realized how much she lied under oath to be vindictive or to save herself. I was told she was just transferred there. So...why was I told not to come to court? It would have potentially meant suspension, arrest, upping the ante to reckless and higher fines. My husband is livid and says we're going to tape the officer's message saying he was representing the court and the trial was cancelled. It will be interesting.
What have I learned?
1. Don't get a lawyer unless you're accused of a CRIME or likely to lose your license. It tips off the DA, and you wind up fighting the big guns.
2. DEFINITELY ask for discovery, but don't let them think you are some smart mouth lawyer by the way you word it. Don't do anything to red flag the DA or the officer.
3. NEVER but NEVER argue with a cop. Always respect the uniform. I think I got one who is down right evil, but she'll be dealt with some day in a higher court, and she still deserves respect for the good things she does do. Plus, the sargeant was fair--and good cops put their lives on the line for us every day.
4. If you have to go in before the DA, get a good lawyer. I can't believe mine showed up. Had we taken 10 minutes to prepare this case, I know I would have won, but he did save my license, and to me, he's a hero. He is honest.
5. I also learned there are good and honest judges out there, and I needed to know that. I think this judge's philosophy was, "ok...1 point for prosecution, one for defense..."