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FEAR, would it hold in court?

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DonovanTL

Junior Member
My question involves a traffic ticket(s) from the state of: Texas

My question will require knowledge of my situation, so please bare with me.

I work, well used to work, for a rental car company in my small town. I was delivering a car for a customer to our tiny airport. Beside the airport is a park I regularly drive though which never has anyone in it. In this park there is one poorly paved and unpainted road, it has no intersections. On each side of the road is a baseball field or something. In the middle of the park road there is a stop sign just sticking out of the pavement in the middle of the road. As I was leaving the airport I decided to take the path which cuts through the park, it is much quicker. As I approached the random stop sign I recognized there was a grey Chevy Impala sitting at the stop sign for an extended period of time, for stopping at a stop sign, and drove around him to the left without stopping at the stop sign. I proceeded to turn onto the main road which takes me back to town, about a mile and a half or so. I began to notice the Impala seemed to be following me, I would change lanes, speed up, slow down and he continued to keep pace with me. I proceeded to get into a left turn lane towards a road less traveled hoping my assumptions about being followed were false. The Impala followed. When I noticed the Impala was still behind me I bailed out of the left turn lane and onto the main road again. At this point my blood really started flowing, I thought only two things: 1. This guy wants to fight 2. This guy wants to kill me. I was scared for my life. I then turned into a strip mall and slipped into the small alley behind the buildings hoping it would divert the Impala from following me. As soon as I was in a larger less cramped area behind the buildings in the strip mall I look back and there were blue and red lights flashing from the Impala's driver side visor. I immediately stopped and felt stupid. Seconds later a half dozen police cars pull up and two unmarked vehicles with officers in civilian clothing.

The officer in the Impala, who had been following me, asked me angrily if I knew that I flew past him at that stop sign, I told him I did now. He also said I was driving recklessly and he should take me to jail. I never got a chance to explain to the officer who pulled me over why I did the things I did. When I told some of the other officers they seemed understanding but said next time I should call 911 if I think I'm being followed. I never thought of calling 911, my blood was rushing and I just wanted to get away from who ever was following me.

The citations I received are as followed:
1. Ran Stop Sign (legitimate citation, I would pay for that)

2. Speeding 60 in a 45 (when i KNOW I was not doing more than 50)

3. Failed to signal lane change (when I bailed out of the turn lane attempting to get away from who ever was behind me)

The argument I feel I could make in court is that the officers actions in following me in such a manner caused me to fear for my life. When I was in fear for my life I did things I would not normally do. The Impala was a completely unmarked vehicle no exempt license plate, no police wheels, or odd antennas on the trunk or roof that are generally signs of an unmarked police car. The only glimpse I got of the officer driving the Impala was a red shirt, usually not an indicator of law enforcement.

My question is, could I bring my case to court on the notion of fear alone?

Are there any cases that may hold precedence to my situation?

Thank you all for your help, I cannot afford to even pay my court fees let alone all those citations.
 
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asiny

Senior Member
LOTS OF WORDS

My question is, could I bring my case to court on the notion of fear alone?

Are there any cases that may hold precedence to my situation?

Thank you all for your help, I cannot afford to even pay my court fees let alone all those citations.
No. Without any fact, you based your assumption on nothing. Your assumption was wrong- and you are attempting to justify breaking the law because your "stupid"? Come back and let us know how that goes over in court.

You could have called ANYONE and not just 911. You could have pulled over in a populated area... all the while driving safely and following the laws of the road.

My next suggestion will be meaningless based off the "I cannot afford... " line.
Get an attorney.
 

DonovanTL

Junior Member
No. Without any fact, you based your assumption on nothing. Your assumption was wrong- and you are attempting to justify breaking the law because your "stupid"? Come back and let us know how that goes over in court.

You could have called ANYONE and not just 911. You could have pulled over in a populated area... all the while driving safely and following the laws of the road.

My next suggestion will be meaningless based off the "I cannot afford... " line.
Get an attorney.
Thank you, I really appreciate your input.
I might add that I was not speeding, not in the large amount the officer claims, or driving recklessly. All my actions were done in a cautious manner. I edited my post, and I know I was not driving more than 50 in the 45 for which I was cited driving 60.
 

asiny

Senior Member
Thank you, I really appreciate your input.
I might add that I was not speeding, not in the large amount the officer claims, or driving recklessly. All my actions were done in a cautious manner. I edited my post, and I know I was not driving more than 50 in the 45 for which I was cited driving 60.
In the state of fear you want to claim reasoning for breaking the law- you know that you were not driving more than 50..... guess you were not that fearful for your life to have the frame of mind to know your driving speed at a particular point in the 'escape for your life'.

You have 3 choices... attempt to argue pro se, plead guilty or get an attorney- either way, you are going to pay.
 
Do you know how he determined you were speeding? You may have a defense about this; did you admit to any type of speeding?

I would not have dialed 911 -- its against the law to use the phone & drive -- lucky you didn't or it would have been another charge against you.
 

ecmst12

Senior Member
Paranoia is NOT a valid reason to drive like a maniac and put many lives in danger.

Please seek treatment for your irrational thoughts before getting behind the wheel again.
 

Zigner

Senior Member, Non-Attorney
I would not have dialed 911 -- its against the law to use the phone & drive -- lucky you didn't or it would have been another charge against you.
Not in an emergency. Being chased by a lunatic could be considered an emergency.
 

DonovanTL

Junior Member
Do you know how he determined you were speeding? You may have a defense about this; did you admit to any type of speeding?

I would not have dialed 911 -- its against the law to use the phone & drive -- lucky you didn't or it would have been another charge against you.
He told me he determined I was speeding because that's how fast he had to go to catch up to me. When he told me how fast I was going I just said no sir.

Paranoia is NOT a valid reason to drive like a maniac and put many lives in danger.

Please seek treatment for your irrational thoughts before getting behind the wheel again.
I'm not sure how the tone of my story seems to others but I was not driving like a maniac.
 

asiny

Senior Member
I'm not sure how the tone of my story seems to others but I was not driving like a maniac.
I would change lanes, speed up, slow down and he continued to keep pace with me. I proceeded to get into a left turn lane towards a road less traveled hoping my assumptions about being followed were false. The Impala followed. When I noticed the Impala was still behind me I bailed out of the left turn lane and onto the main road again.
These are not the driving practices of a safe driver. You were either fearing for your life, in which case you were not driving safely or you were in a perfect frame of mind to drive safely and follow traffic laws.

You seem to to wanting it both ways- you want to get out of the citations by claiming fear but yet explain you were driving safely.

It's either one or the other... can't be both.

The underlined part is one way a police officer can verify a speeding vehicle- pace is allowed.
 

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