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  #1  
Old 01-08-2005, 01:03 AM
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Join Date: Jan 2005
Posts: 2
Unhappy

Driving in marked lane, advice please


What is the name of your state?New Jersey

My 2 mile journey on township road was interuptted by officer asking if I am DUI. I replied no (I offered him to take the test). Then he asked me if I know I swirled my car. I replied I didn't realized so he bluntly said you would have realized if you had hit the pole. Then he gave me ticket with $88 fine and 2 points. He also said he can give 6 such tickets and he has video also if I want to see.
I am sure I have not commited offence, so I pleaded not guilty (court date this week) and here is my reasoning

- I barely drove 2 miles, how come I went out of my lane 6 times.
- If I was driving so dangerously then he should have stoped me on first occurance rather than waiting for 6.
- The road has less than 1 foot of ramp, I am not sure how anybody can swirl on such road.
- I was with my wife, so if I was unconciously driving out of my lane, she would have told me to correct it.
- Driver swirl his/her car if she/he is drunk, is new driver or is insane. I am neither. I don't think there is any other reason swirling your car at 12 am on empty 2 lane road.
- I am driving for 100000 miles for 5 years now without single ticket.

Experts, I am not sure what I should do in court, plea bargain or figtht till the end ? please suggest any additional arguments.
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  #2  
Old 01-08-2005, 01:13 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
Quote:
Originally Posted by iluvusorin1
What is the name of your state?New Jersey

My 2 mile journey on township road was interuptted by officer asking if I am DUI. I replied no (I offered him to take the test). Then he asked me if I know I swirled my car. I replied I didn't realized so he bluntly said you would have realized if you had hit the pole. Then he gave me ticket with $88 fine and 2 points. He also said he can give 6 such tickets and he has video also if I want to see.
I am sure I have not commited offence, so I pleaded not guilty (court date this week) and here is my reasoning

- I barely drove 2 miles, how come I went out of my lane 6 times.
- If I was driving so dangerously then he should have stoped me on first occurance rather than waiting for 6.
- The road has less than 1 foot of ramp, I am not sure how anybody can swirl on such road.
- I was with my wife, so if I was unconciously driving out of my lane, she would have told me to correct it.
- Driver swirl his/her car if she/he is drunk, is new driver or is insane. I am neither. I don't think there is any other reason swirling your car at 12 am on empty 2 lane road.
- I am driving for 100000 miles for 5 years now without single ticket.

Experts, I am not sure what I should do in court, plea bargain or figtht till the end ? please suggest any additional arguments.


My response:

First, what the hell is a "swirl"? Did you mean swerve?

Also, you said: "Driver swirl his/her car if she/he is drunk, is new driver or is insane. I am neither." You are "neither"? Pal, there were three choices there in your sentence!

By the way, you sound Oriental (okay, Asian). If you are, you're automatically guilty in the United States. Orientals are notoriously bad drivers and everyone knows it.

I think you're drunk off your ass right now!

IAAL

Last edited by I AM ALWAYS LIABLE; 01-08-2005 at 01:15 AM.
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  #3  
Old 01-08-2005, 10:38 AM
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I am not asian and has nothing to do with Asia (there are many other continents beside North America and Asia, can you guess where else ?). I would never generalize . I have tons of asian friends with clean driving record.

By swirl i mean sway or swing
Basically, officer said I was moving in and out of my lane like a drunk.

Can you please provide your legal input rather than criticizing my language. I am very tense about the whole issue. I have court date this week. I came to this forum not to fix my English but to get some advice.
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  #4  
Old 01-08-2005, 10:56 AM
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Join Date: Jan 2000
Location: Los Angeles, California
Posts: 38,191
[quote=iluvusorin1]I am not asian and has nothing to do with Asia (there are many other continents beside North America and Asia, can you guess where else ?). I would never generalize . I have tons of asian friends with clean driving record.

MY RESPONSE: As far as I'm concerned, there is NO OTHER continent other than the United States that means anything to me. I would suggest you go back home, if you can't obey our laws.




By swirl i mean sway or swing
Basically, officer said I was moving in and out of my lane like a drunk.

MY RESPONSE: In the United States, and when describing vehicle movement, there is no such thing as "swing" or "sway". Cars do not "swing" and they certainly don't "sway". They "swerve" from lane to lane.




Can you please provide your legal input rather than criticizing my language.

MY RESPONSE: No. I can't get past your sentence syntax which sounds Asian. If the cop pulled you over for swerving in and out of the lanes, then that's what you were doing. Your use of the English language is terrible. Please don't pass it down to your children. We don't need any more dummies.




I am very tense about the whole issue. I have court date this week. I came to this forum not to fix my English but to get some advice.

MY RESPONSE: Hey, at least you're getting "something" from this forum. You're getting someone to finally tell you that your use of the English language is terrible. That's worth something!

As for your court case, you're going to "swing" and "sway" in the wind.

IAAL

Last edited by I AM ALWAYS LIABLE; 01-08-2005 at 02:00 PM.
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  #5  
Old 01-08-2005, 11:17 AM
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Join Date: Jul 2004
Posts: 17,799
I agree with IAAL, your sentence syntax is decidedly Asian and made understanding what you were trying to say, difficult.

Why is that important to your legal defense?

If your language skills are that poor it hinders two way communication and may have even insured that you received a citation rather than a warning.

Now you have to go to court because you were dirving like a drunk, swerving all over the roadway, not controlling your car, an accident waiting to happen. Even if you were not driving under the influence of alcohol, you were driving impaired for some reason and so impaired that you were unaware of your performance.

Don't count on your wife's testimony to clear you, that isn't a defense, if you can't express yourself in court, if you won't listen to us here, why would you listen to her? She probablly gave up on telling you anything long ago and may not even be culturally appropropriate for her to challenge you.

Good luck in court, in the mean time, drive carefully and don't drive while impaired for any reason. Take a defensive driving course and ESL class.
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