Help! Summoned for reckless driving after 15 months of silence!?!?!

eriksseven · #1 08-25-2005, 02:39 AM

What is the name of your state?I'm a 21 year old Washington resident who has a somewhat speckled history of traffic violations etc.

That being said, a lot has changed in my life and I've moved on from my lawless ways.

Anyways, nearly 15 months ago, me and three friends were stopped for allegedly street racing on a freeway on-ramp... There had been a REPORT of racing and *ironically* we just happened to be pulled over on the side of the dark on-ramp talking. ANYWAYS, there were two State Patrol officers who arrested us (without reading rights etc.) and confiscated a video-tape which they believed perhaps contained 'race footage'. After sitting around for a couple hours, a couple of us became friends with the officer and after filling out a short statement, we were released WITHOUT being taken to jail, having our car's impounded or recieving a ticket of any kind...

None of us recieved ANY thing, of ANY sort. We had completely forgotten the incident and we believed that was it...

Today I got a summons telling me I have to appear in court for my arraignment on the charge of reckless driving--15 months after the "arrest". I have to be in court on Monday... WTF!?!?!

What if I were in Africa or something? There would be a warrant for my arrest as soon as I got home! This is outrageous, but I'm kind of worried because I was on probation at the time for a couple DUI related deals.

I already went to jail for a week for violating my 1st DUI's probation by getting the 2nd...

The tape *did* contain race footage, including several runs that included a car that looks a *little* like mine (no face, no license plate etc.). But there's no time code on the tape, so in theory it's just random footage that could've been taken at any time with any driver in a vehicle that cannot be proven as being mine...

Also, were they legally allowed to take the tape just because my friend happened to be holding a camera in his hand when they stopped us?

Now, to add to the strangeness of this situation, I was cited with Negligent driving in the 2nd degree on Wednesday last week--for taking a turn a little fast.

I'm fighting that one because I had my own 'merge' lane from a 35mph street onto a 40mph street, there was no posted recommended speed, only a yield sign (which I did) but there was NO traffic at all, so I just took the turn (below either of the speed limits).

I'm hiring a lawyer tomorrow, but I want to see what you guys think. Is this legit? Are they allowed to pop up a serious traffic violation after 15 months and tell me I have to be in court in 5 days?

pcmanjon · #2 08-25-2005, 06:56 PM

Quote:

Originally Posted by eriksseven

The tape *did* contain race footage, including several runs that included a car that looks a *little* like mine (no face, no license plate etc.). But there's no time code on the tape, so in theory it's just random footage that could've been taken at any time with any driver in a vehicle that cannot be proven as being mine...

The story got stranger and stranger as you went on. Where did you tape this footage? Who did you tape? Why was your friend holding the video camera with this footage?

eriksseven · #3 08-25-2005, 07:33 PM

Quote:

Originally Posted by pcmanjon

The story got stranger and stranger as you went on. Where did you tape this footage? Who did you tape? Why was your friend holding the video camera with this footage?

Some of the footage includes scenes filmed on the same freeway on-ramp where the arrest(s) took place. Several of these short clips include race scenes involving a vehicle that *could* be likened to my vehicle (although there were no visible license plates, drivers etc.)

My friend was holding the camera because... Well, just because he didn't have time to put it away.

I'm speaking in a way that I would speak to someone trying to convict me of guilt. I believe it's up to the State to present a case that proves beyond a reasonable doubt that I committed the criminal act of reckless driving...

We were not caught racing, merely tresspassing on State property (highway on-ramp).

The police department received a phone call (maybe several) reporting that there was racing taking place... "Ironically" we just happened to be there.

The tape inside of the camera was confiscated, well, because the officer believed that it might contain racing footage that would convict us of our "guilt".

I do not believe he got a search warrant, or that he had probable cause to suspect that it contained footage of illigal racing.

I have not seen the footage, obtained a copy of the police report or re-read the written statements that me and a friend wrote (on our own accord, doh)

I do know that my written statement contains apologies and thankfullness for the mercy of the arresting officers (so I thought, lol). I made no mention of an actual crime or being involved in an actual crime. Just vague apologies.

Like I said, by the end of it I was friends with the arresting officer and we swapped some good stories etc.

Against me I have:

-being found at the alleged place of a crime
-video footage of a car that's the same color and make as my own in the act of racing
-a statement containing admission of guilt and repentance for no specific charge

For me I have:

-no way to prove it was my vehicle or me driving the vehicle in the footage contained on the tape
-no way to prove that the images contained on the tape were on the day that we were arrested (no timecode)
-not actually seen racing (or even driving for that matter)
-tape may have wrongfully been confiscated
-15 months of silence before being notified I was being charged with a crime?

Anyways, I've talked to several local Seattle lawyers, but I really don't know how to pick one, or how to assess qualifications/experience. The phone book has seriously 50 pages of attorneys, lol.

$2500 seems to be the standard flat rate?

poohmantbb · #4 08-25-2005, 07:37 PM

See below. Thanks.

poohmantbb · #5 08-25-2005, 07:38 PM

I agree with pcjonman, very strange. Thre is a lot of untold truths here. The police can take the tape, as evidence of a crime. Why else would your buddy be taping inside the car... Also, it is probably not circumstancial that to patrol car stopped you randomly in the area. Somebody was probably calling you in.

As to 15 months later, the police may have asked for a District Atty. review, who in turn, decided the case was prosecutable. Thus, a warrant would be issued if you did not show in court.

My advise, definitly GET A LAWYER. Good luck.

poohmantbb · #6 08-25-2005, 07:44 PM

Now that I see your new post, you are a waste of time. Give me a damn break. Quit being an ass and accept responsibilty. You are insulting the intelligence of even a moron, not to mention a Judge who has to waste his time with you.

IT IS CALLED PROBABLE CAUSE... Idiot.

Quit being an ..on the roads. We share them with you... as scary as it is.

eriksseven · #7 08-25-2005, 08:17 PM

Quote:

Originally Posted by poohmantbb

Now that I see your new post, you are a waste of time. Give me a damn break. Quit being an .. and accept responsibilty. You are insulting the intelligence of even a moron, not to mention a Judge who has to waste his time with you.

IT IS CALLED PROBABLE CAUSE... Idiot.

Quit being an .. on the roads. We share them with you... as scary as it is.

yikes...

Although I don't expect to be received as a five star citizen, I will say that I regret breaking the law, EVER. I have FULL respect for the men and women who enforce law in this country. I do not condone criminal or reckless behavior in any way... In my REAL life I'm not trying to hide or conceal wicked and lawless behavior.

In a perfect world, justice would be tailored based on the heart and the repentant action of the individual... That being said, from my experience, our justice system is cold and impersonal...

Person to person, I'm changed. The arresting officer KNEW this and he TOLD us that he recogized this and THAT was why he didn't impound our vehicles, didn't take us to jail, DIDN'T GIVE US A TICKET and let us go...

On the OTHER HAND, the law is not sympathetic. It doesn't care that I'm a different person. All it sees is my past and my present violation.

If pleading guilty, I would have the COMPOUNDED weight of ALL of my past violations to pay for. Like I said, in a perfect world, it wouldn't be like this. People are manipulative and the courts and law HAVE to take this into account. They don't just allow people to weasel out of their punishment. BUT, if an honest individual, who admits their imperfection, has a PAST of TRUE reckless and criminal behavior, it DOESN'T MATTER IF THEY'VE CHANGED. I was a law abiding, humble citizen when I WENT TO JAIL FOR A WEEK the first time I violated my probabation. I cannot IMAGINE how terrible it would be if I were convicted for a second time.

You keep preaching your hard-line, cold justice without knowing the individual or the heart of the individual... I don't blame you.

That being said, I REFUSE to pay the unjust, compiled penalties of a person, that frankly, I am no longer.

I'm going to fight this because my future is seriously at stake.

eriksseven · #8 08-25-2005, 08:28 PM

BTW, my buddy wasn't inside my car. He was on the side of the road... All pertinent footage contained on the tape is from the side of the road.

I don't see how simply holding a video camera, while being on the side of a public highway on-ramp is probable cause that the tape contains video footage of illigal activity...

At least take us into custody and THEN begin documenting our posessions.

I believe that in this case, it's very arguable that a warrant should've been acquired before confiscating material.

poohmantbb · #9 08-26-2005, 12:03 AM

Your buddy wasn't onthe side of the road taping birds flying. He was there for a reason. To tape you RACING.

Apparently you were cooperative, so the Officer did not need to take you into custody. As for the evidence, irregardless of whether you were in custody, they have the rights to it.

Time to fess up. We're not dumb.

eriksseven · #10 08-26-2005, 01:18 AM

Quote:

Originally Posted by poohmantbb

Your buddy wasn't onthe side of the road taping birds flying. He was there for a reason. To tape you RACING.

Apparently you were cooperative, so the Officer did not need to take you into custody. As for the evidence, irregardless of whether you were in custody, they have the rights to it.

Time to fess up. We're not dumb.

Regardless of what happened, my original reason for creating this thread is to find out whether or not it can be PROVEN BEYOND A REASONABLE DOUBT that I, personally was racing my vehicle (since there are no witnesses to validate this accusation).

I wasn't even in my vehicle at the time the officer drove up to where we were pulled over. Also, I'm curious as to why none of the other people involved were charged with anything... It's just an odd scenario.

My decision for fighting this case is not to "pull the wool" over the eyes of the court system, but merely to protect myself from going to jail for 30 days, having a criminal record and all the other fun stuff that comes along with a reckless driving conviction that will violate the probation I got when I was 17 years old and ACTUALLY reckless in my ways...

You're obviously not dumb...

solutions41201 · #11 08-26-2005, 02:30 AM

Okay I have a question... If the video tape has footage of a look alike car, how do you know it cannot be linked to you? They do have devices that can enhance images greatly these days. Also were the plates off the car racing, because if not, how do you know that the tape didn't actually get a glimpse?? which can be enhanced as well. Maybe that is why they had to take so long to make the case, they wanted to see what they had and if they felt they had a leg to stand on, make an example of you and the situation. Just some things to think about.

Often when we think something is done and overwith, it catches up with us once more, for reason(s) that will only be clear as the story unfolds.

Shay-Pari'e · #12 08-26-2005, 02:48 AM

(QUOTE)None of us recieved ANY thing, of ANY sort. We had completely forgotten the incident and we believed that was it...(QUOTE )

Today I got a summons telling me I have to appear in court for my arraignment on the charge of reckless driving--(QUOTE)15 months after the "arrest". ((QUOTE)I have to be in court on Monday... WTF!?!?!

You are contradicting yourself.

Shay-Pari'e · #13 08-26-2005, 02:58 AM

(QUOTE)This is outrageous, but I'm kind of worried because I was on probation at the time for a couple DUI related deals.

I already went to jail for a week for violating my 1st DUI's probation by getting the 2nd...The tape *did* contain race footage, including several runs that included a car that looks a *little* like mine (no face, no license plate etc.). But there's no time code on the tape, so in theory it's just random footage that could've been taken at any time with any driver in a vehicle that cannot be proven as being mine...(QUOTE)

I have to give you props for being high on the stupid meter.

This is a IAAL post, and could be a contestant.

eriksseven · #14 08-26-2005, 01:13 PM

Thank you PARADISE!!!

I actually didn't condradict myself, you just have a hard time reading...

OK, how about this; we argue that none of the footage contained on 'the tape' was filmed on the date of the arrest...?

That would make the footage contained on the tape null and void, unless they can prove that the footage is of the actual event that led to the arrest(s)...?

Anyone have anything insightful?

Shay-Pari'e · #15 08-26-2005, 03:37 PM

Quote:

Originally Posted by eriksseven

Thank you PARADISE!!!

I actually didn't condradict myself, you just have a hard time reading...

OK, how about this; we argue that none of the footage contained on 'the tape' was filmed on the date of the arrest...?

That would make the footage contained on the tape null and void, unless they can prove that the footage is of the actual event that led to the arrest(s)...?

Anyone have anything insightful?