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  #1  
Old 01-22-2007, 02:07 PM
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What Should I Do When I Go To Court??


What is the name of your state? Ohio

I was driving home on a Friday night, midnight, after coming from the movies with my friends. I knew my mother was upset I was out so late so I I tried to hurry home. I was going 60 in a 50 mile zone. Now, I undestand completely that I was speeding, but what happened next I wasn't sure of what to do. SO as I continued driving a car came behind me and started riding my rear. I also have had a car atticadent, so I was worried, and also it was the frist time I was aloud to drive at night. So I was scared. I looked over to my right to see a car beside me, so I couldn't get over. I speed up so I could get over, and than I thought of something 'What if the driver behind wants to move over now, and hits me?' So I looked back and finally the lights came on to revile a cop. He gave me a ticket for driving 80 in 50. Is that right that he put on his lights after I speed up? I never would have speed up if I had known that it was a cop and he was checking my plates. So what do you think I should tell the court? If you could, if you replie, can you send it to my e-mail, please. [email]Inuyasha_59@yahoo.com[/email].
Thank You
   
  #2  
Old 01-22-2007, 02:11 PM
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we do not email.

You can tell the court the truth and hope that a judge takes pity on you. You can get a job so that you will have money to pay your fines. And, please, you can stay off the roads until you take a certified driver's education class, as you do not belong on the streets, as a driver, day or night.
   
  #3  
Old 01-22-2007, 02:13 PM
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The court has heard that story before; it's pretty common.




Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

[url]http://forum.freeadvice.com/showthread.php?p=854687#post854687[/url]

Public defender’s advice

[url]http://newyork.craigslist.org/about/best/sfo/70300494.html[/url]


Other people may give you other advice; stand by.
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  #4  
Old 01-22-2007, 02:31 PM
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okay, well, obviously the chances of judges taking pity on you are small. LOL
   
  #5  
Old 01-22-2007, 02:58 PM
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Quote:
Originally Posted by fairisfair View Post
okay, well, obviously the chances of judges taking pity on you are small. LOL
Small? Try nonexistent!

It's amazing how many people use the old "I just HAD to break the law" excuse.

My favorite is, "I speeded up to pass...that's legal."

Yeah? You can exceed the speed limit when you are in someone else's lane of traffic!?


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  #6  
Old 01-22-2007, 03:07 PM
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I think OP would have a better chance with the "My gas pedal was stuck" excuse...heck, a note from a crooked repair shop can't be THAT hard to get!
   
  #7  
Old 01-26-2007, 08:24 AM
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Quote:
Originally Posted by seniorjudge View Post
Small? Try nonexistent!
It's amazing how many people use the old "I just HAD to break the law" excuse.
My favorite is, "I speeded up to pass...that's legal."
Yeah? You can exceed the speed limit when you are in someone else's lane of traffic!?
Tailgating is illegal too. But the police officer for some reason didn't ticket himself Now if a patrol car comes up behind you well over the speed limit and rams you, causing you to go over the speed limit, I suppose you and zigner are going to say even that is not a mitigating factor...

Technically when passing, the car being passed has to lay off and allow the pass, so it is illegal just to maintain speed when being passed - but that is always ignored by enforcement. Thus everyone has to speed up to safely pass.

My favorite is the people who are afraid to speed when passing - so they go over in the fast lane anyway and ride alongside a tractor trailer in his blind spot for 10 miles or so backing up traffic for miles, now that is brilliant...

The INTENT of the law is what matters - not a self-serving, overzealous interpretation.
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“[w]hen a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.”

"The right to travel is a part of the liberty of which the citizen cannot be deprived without due process of law under the 5th Amendment." Kent v. Dulles, 357 US 116, 125.
   
  #8  
Old 01-26-2007, 09:40 AM
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Quote:
Originally Posted by cepe10 View Post
Tailgating is illegal too. But the police officer for some reason didn't ticket himself Now if a patrol car comes up behind you well over the speed limit and rams you, causing you to go over the speed limit, I suppose you and zigner are going to say even that is not a mitigating factor...

Technically when passing, the car being passed has to lay off and allow the pass, so it is illegal just to maintain speed when being passed - but that is always ignored by enforcement. Thus everyone has to speed up to safely pass.

My favorite is the people who are afraid to speed when passing - so they go over in the fast lane anyway and ride alongside a tractor trailer in his blind spot for 10 miles or so backing up traffic for miles, now that is brilliant...

The INTENT of the law is what matters - not a self-serving, overzealous interpretation.
Oh, I must have missed the part where he rammed her and caused her excessive speed. Please cite your information regarding the legality of speeding when passing.
   
  #9  
Old 01-26-2007, 11:19 AM
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And I'm curious, what state(s) have this law on the books?
Quote:
Originally Posted by cepe10 View Post
Technically when passing, the car being passed has to lay off and allow the pass, so it is illegal just to maintain speed when being passed - but that is always ignored by enforcement.
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Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
   
  #10  
Old 01-26-2007, 11:22 AM
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Quote:
Originally Posted by You Are Guilty View Post
And I'm curious, what state(s) have this law on the books?
the state of blissful ignorance
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  #11  
Old 01-26-2007, 12:39 PM
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Quote:
Originally Posted by BelizeBreeze View Post
the state of blissful ignorance
Ooh, I hear it's beautiful this time of year!
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Quote:
Originally Posted by me
Then start crying uncontrollably. If that doesn't work, fill your pants with shaving cream and start screaming about the voices in your head. Maybe they'll feel bad enough about your other problems and let you out of the ticket.
   
  #12  
Old 01-26-2007, 07:24 PM
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Quote:
Originally Posted by BelizeBreeze View Post
the state of blissful ignorance
You sure are dumb! No one likes to help an ignorant, pathetic loser like yourself who can't even look up simple transportation articles. But here is a freeby for when you grow a real brain - every state has that provision - try the rules of the road section of the transportation code under "passing and overtaking".

And please stop cluttering the board with your stupid questions.
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a personal attack is committed when a person substitutes abusive remarks for evidence when examining another person's claims or comments. It is considered a personal attack when a person starts referencing a supposed flaw or weakness in an individual's personality, beliefs, lifestyle, convictions or principles, and use it as a debate tactic or as a means of avoiding discussion of the relevance or truthfulness the person's statement.
   
  #13  
Old 01-26-2007, 07:27 PM
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Quote:
Originally Posted by You Are Guilty View Post
And I'm curious, what state(s) have this law on the books?
Here form your home state - what part of "shall give way" do you not understand?

§ 1122. Overtaking a vehicle on the left. The following rules shall
govern the overtaking and passing of vehicles proceeding in the same
direction, subject to those limitations, exceptions, and special rules
hereinafter stated:
(a) The driver of a vehicle overtaking another vehicle proceeding in
the same direction shall pass to the left thereof at a safe distance and
shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor of
the overtaking vehicle on audible signal and shall not increase the
speed of his vehicle until completely passed by the overtaking vehicle
.

Of course law enforcement pretends this law doesn't exist. So your ignorance is understandable
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a personal attack is committed when a person substitutes abusive remarks for evidence when examining another person's claims or comments. It is considered a personal attack when a person starts referencing a supposed flaw or weakness in an individual's personality, beliefs, lifestyle, convictions or principles, and use it as a debate tactic or as a means of avoiding discussion of the relevance or truthfulness the person's statement.
   
  #14  
Old 01-26-2007, 07:28 PM
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Quote:
Originally Posted by trieroffact View Post
You sure are dumb! No one likes to help an ignorant, pathetic loser like yourself who can't even look up simple transportation articles. But here is a freeby for when you grow a real brain - every state has that provision - try the rules of the road section of the transportation code under "passing and overtaking".

And please stop cluttering the board with your stupid questions.
then look it up and prove to me it exists. I'm sure this entire forum will wait for you.
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  #15  
Old 01-26-2007, 07:29 PM
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Quote:
Originally Posted by trieroffact View Post
Here form your home state - what part of "shall give way" do you not understand?

§ 1122. Overtaking a vehicle on the left. The following rules shall
govern the overtaking and passing of vehicles proceeding in the same
direction, subject to those limitations, exceptions, and special rules
hereinafter stated:
(a) The driver of a vehicle overtaking another vehicle proceeding in
the same direction shall pass to the left thereof at a safe distance and
shall not again drive to the right side of the roadway until safely
clear of the overtaken vehicle.
(b) Except when overtaking and passing on the right is permitted, the
driver of an overtaken vehicle shall give way to the right in favor of
the overtaking vehicle on audible signal and shall not increase the
speed of his vehicle until completely passed by the overtaking vehicle
.

Of course law enforcement pretends this law doesn't exist. So your ignorance is understandable
Well excuse my ignorance but where in that did it mention SPEEDING is excuse when passing?????
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