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  #1  
Old 01-16-2006, 08:43 PM
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Posts: 3

Reckless driving, military overtones.


What is the name of your state? SC/NC/NY


Heres the story. I'm in the Navy, and I was stationed in Norfolk virginia. while there, i get transfered to a school in Charleston, SC. Before i can get there, though, i need my car, so i fly home to buffalo new york (where my licence is from) and drive it all the way down to charleston. things are smooth through til norfolk, where i picked up all of my belongings, and then carried on to sc. however, in Hertford, NC, home of insanely long straight highways, i get pulled over by a cop for a 72 in a 55. given, the whole time id been driving next to this black nissan murano, mostly just keeping pace with it, because it was moving more quickly than i was. the cop pops out, the murano slows to fifty five, i notice, slow down as well, he picks me out, and pulls me over. this is at 7:26 am, on sunday, january 15th, after i had been awake since friday, with maybe 4 hours of sleep. the cop pulls me over, tells me this, i say "oh," i tell him the charleston situation (its a nine hour drive up there, he gives me a 9 am court time), he doesnt seem to care. i ended up with a ticket for reckless driving, and a mandatory court appearance february 22nd, @ 9am.

could i ask for a continuance, as im not really able to take time away from school here? possibly a change of venue to somewhere that isnt 9 hours away? and if im going to get my licence suspended when i get there, how in the hell will i get home?

edit : the school i am in requires a top secret clearance, will this be an issue?

Last edited by zenchowdah; 01-16-2006 at 08:52 PM.
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  #2  
Old 01-16-2006, 08:51 PM
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Join Date: May 2003
Posts: 2,607
Hire an attorney to handle it for you. It will be cheaper in the long run. He can probably get it down to a simple speeding ticket and it will not show on your NY driving record.
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  #3  
Old 01-16-2006, 08:53 PM
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Join Date: Jan 2006
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Quote:
Originally Posted by lwpat
Hire an attorney to handle it for you. It will be cheaper in the long run. He can probably get it down to a simple speeding ticket and it will not show on your NY driving record.

any idea what kinda fee im looking at to hire a lawyer?
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  #4  
Old 01-16-2006, 09:06 PM
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Q: could i ask for a continuance, as im not really able to take time away from school here?

A: you can always ask, but I doubt you will get it based on your reason. However, you can always request discovery of relevant police records (like radar calibration), and if you don't get them you have a valid request for continuance. FOIA request takes even longer to get done. However, you would buy yourself at most 2 month. In any case, call the court to find out whom to send those requests to.

Q: possibly a change of venue to somewhere that isnt 9 hours away?

A: again, you can always ask, but will likely get nowhere. If it is a federal ticket (look up the statute charged, if it's CFR then yes), you may have a shot at it (but unlikely).

Q: and if im going to get my licence suspended when i get there, how in the hell will i get home?

A: ask this question to the judge. I believe you do have options (like restricted license). But, let's hope you get the charge reduced to a simple speeding ticket, and not worry about it. Negotiate with DA, then plead guilty. Hope you don't mind me saying it, but dressing in your best uniform should help, too.

Also, look up PJC and deferral options, I think both are available to you. Look other posts on this forum on this subject, as well as on the web.

Of course, you always have the option to fight (especially if there is a problem with info you receive using discovery). Feel free to ask us details on how to do so. Good luck.
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  #5  
Old 01-17-2006, 02:17 PM
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Join Date: Jan 2006
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JAG calls DA, things go away
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