help!

killerdragon · #1 10-31-2006, 02:09 PM

this happened in new york.i went back and used my odometer to mark distances. here is the situation. im driving along peekskill hollow rd at around 8pm at night, and a car comes speedin up behind me and is a bit too close for my taste so i speed up a bit. then he gets even more on my bumper so i sped up more. rode my bumper for 2 miles then he turns on his lights and i figure out it was a cop on my ass the whole time. there is no shoulder so i drove 3/10 of a mile up the road to where there is a parking spot to pull off. cop pulls his gun handcuffs me, pats me down the whole 9 yards. then searches my car without asking, then has another cop come assist in the search. they found nothing because i had nothing illegal in my car so i get unhandcuffed and issued 4 tickets. speeding 75 in 40(pace), failure to comply, failure to keep right and some other weird ticket i cant remember the name of. after reading a few things online that say they are supposed to ask to search my car and never did im thinking i got all those tickets, especially failure to comply to make it look like they had probable cause to search the car. i pled not guilty. any advice?

The Occultist · #2 10-31-2006, 02:15 PM

My advice: just because a car is following too closely is NO reason to drive faster. Not only is there no legal justification for it, but common sense says it's stupid! Why is it stupid? Because at higher speeds, the situation becomes MUCH more dangerous!

Further advice: as SOON as the lights come on, you pull over. If the police decide they'd like to you drive to a safer location first, they will get on their loudspeaker and say so. YOU do NOT get to pick where you pull over, they do.

Also, once you're under arrest, they gain the right to search your car, so from what you've described, it sounds like the search was legal.

Hire a lawyer and see about pleading down.

killerdragon · #3 10-31-2006, 02:20 PM

when you say pull over, you mean im just supposed to stop in the middle of a main road? like i said there is literally no shoulder. not being a smart ass or nothing its a serious question. also i was never placed under arrest i dont think, i was never read rights or nothing like that, just put in the back of the car while they ripped my car apart.

The Occultist · #4 10-31-2006, 02:40 PM

Yes, you are supposed to pull over as closely to the side of the road as you can. If the officer making the stop decides he wants you to pull over somewhere else, he will give that order. Otherwise, lights go on, you stop.

When they put handcuffs on you and put you in the back of the car, I think it was a reasonably safe assumption that you were under arrest. They don't need to read rights to you unless they are also going to interrogate you, which apparently did not happen.

You Are Guilty · #5 10-31-2006, 02:43 PM

Where on Peekskill Hollow were you? I've driven that road quite a bit in the past and I'm in shock you were able to get up to 70.

Anyway, you might (big might) be able to fight the failure to comply, but I don't see a defense to the other ones.

killerdragon · #6 10-31-2006, 02:52 PM

i dont think i got up to 75, but i cant say for sure as i was watching the road and trying not to be blinded by the cops headlights in my rearveiw. hidsight i shoulda just flipped up the rearview and ignored the guy behind me :/ it happened betwen mill street and bryant pond road.i was headed toward bryant pond, he got on my ass maybe half a mile after that church.

killerdragon · #7 10-31-2006, 03:09 PM

is there any way i can plead down on my own? i really cant afford a lawyer as ive lost my job. and if i lose my liscence im prettymuch ****ed, theres no bus etc in putnam valley and taxis around here have no meters and charge outrageous fees. costs me 25 bucks just to get to lake peekskill from my house which is by bryant pond road :/

The Occultist · #8 10-31-2006, 05:09 PM

You can always attempt to plead down on your own. It involves talking to the prosecutor and trying to strike a deal. A local attorney would just be more knowledgable about local ordinances as well was knowing what the courts want to hear.