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  #1  
Old 10-29-2003, 02:50 PM
paularasco
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Wreckless Driving Citiation to Appear


What is the name of your state? alabama

An officer came to my home yesterday and gave my son a wreckless driving citiation to appear in court. I asked why and they said that an individual had came in and filed a report that a red mustang passed her and almost caused a wreck. She followed the car to my house and then went to the police station. later last night my son went to his friends house down the road and was stopped on his dirt bike by 5 kids. two of the kids were his friends sieblings. the oldest one 14 asked my son how he was able to be out wasn't he in trouble. My son told him no because his parents believed he had not done anything wrong. Another boy asked the friends brother what had my son suppose to have done. the brother then said you should know your mother called the police and reported him for wreckless driving passing you on the way home yesterday. The boy looked at my son and stated you are not the one that was driving the one driving the car had blonde or light brown hair and yours is almost black. My son looked at the boy and stated. You need to tell that to your mother. The boy then stated the boy that passed us pulled into your driveway got out of the car and shot us a bird. and his hair was blonde.... My son left and called me.

If the mother does not do the right thing and go to the police and tell them that it was not my son she was wrong what can I do.... My son said that a friend of his that drives a car almost identical to his was suppose to come over the day in question. My son was late leaving school and didn't get home until after 3:30 he said the the friend called him around 3:15 and told him he could not wait for him any longer and had to go. My son assumed the boy had been waiting at our home. My son does not want to turn the other boy in because he is affraid of him and said he is not someone that you tell on......



A little history. My son had a wreck and we have little money to get him another car. I have an acquantance that let me buy his sons old car that was just collecting dust for very little money. As this acquaintance has plenty of money and it was no big deal for him. The car looked pretty bad but hey it would run and the insurance money from the other car would buyy it and new wheels and tire so we bought it. The car is a 94 red mustang. my son has cleaned, polished and for presents all he has asked for has been things to fix the car up. So now the car is assume. You would never believe it was the same car.... oh now there are 4 other red mustangs in our little town and one of them looks a whole lot like my sons... My son has been pulled over by the police more than 100 times and he has only had the car since June of last year. He has received one speeding ticket and they let him go to driving school for that one. Other than that he had one ticket for no headlights on - he pulled the switch but not enough and didn't realize the headlights were not on until he got down the road out of street lights when he noticed he turned his lights on but it was too late the officer saw him when he pulled out of the store parking lot and gave him a ticket. The ticket is normally 175.00 but the judge just fined him 20.00 and told him to be more careful.. I have spoken with the police and they tell him that they get complaints on a red mustang all the time and they just know it is him. At one time recently I was calling them because someone was bashing my mailbox every night. I went to the station to talk to an officer and she advised me they knew who was doing it and was going to talk to him. Another officer asked her who and she stated you know the reall cute kid with the supped up red mustang that looks assume. I just laughed and said are you talking about dl and she said yes and I informed her that was my son. He was not bashing his own mailbox he was having to fix it and put up new ones every day for the last 2 weeks.
When the officer gave him the citiation to appear in court he accussed my son of doing doughnuts down the street a week ago but I informed him that my son had not driven his car anywher in the past 2 weeks other than to school and straight home that the car was in the yard with a tarp on every day from 6:00 until the next morning at 7:00. He said the people said it was a red mustang and that they know it is my son.

I have aked why is it always him why can't it be one of the other 4 people that have red mustangs and they have no answer.

What can I do about this as well. It is getting to be just a little too much for me... And my son doesn't dgo anywhere in his car but school beuase of the fear of getting pulled over again.
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  #2  
Old 10-29-2003, 02:54 PM
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Re: Wreckless Driving Citiation to Appear


Quote:
Originally posted by paularasco
What is the name of your state? alabama

An officer came to my home yesterday and gave my son a wreckless driving citiation to appear in court. I asked why and they said that an individual had came in and filed a report that a red mustang passed her and almost caused a wreck. She followed the car to my house and then went to the police station. later last night my son went to his friends house down the road and was stopped on his dirt bike by 5 kids. two of the kids were his friends sieblings. the oldest one 14 asked my son how he was able to be out wasn't he in trouble. My son told him no because his parents believed he had not done anything wrong. Another boy asked the friends brother what had my son suppose to have done. the brother then said you should know your mother called the police and reported him for wreckless driving passing you on the way home yesterday. The boy looked at my son and stated you are not the one that was driving the one driving the car had blonde or light brown hair and yours is almost black. My son looked at the boy and stated. You need to tell that to your mother. The boy then stated the boy that passed us pulled into your driveway got out of the car and shot us a bird. and his hair was blonde.... My son left and called me.

If the mother does not do the right thing and go to the police and tell them that it was not my son she was wrong what can I do.... My son said that a friend of his that drives a car almost identical to his was suppose to come over the day in question. My son was late leaving school and didn't get home until after 3:30 he said the the friend called him around 3:15 and told him he could not wait for him any longer and had to go. My son assumed the boy had been waiting at our home. My son does not want to turn the other boy in because he is affraid of him and said he is not someone that you tell on......



A little history. My son had a wreck and we have little money to get him another car. I have an acquantance that let me buy his sons old car that was just collecting dust for very little money. As this acquaintance has plenty of money and it was no big deal for him. The car looked pretty bad but hey it would run and the insurance money from the other car would buyy it and new wheels and tire so we bought it. The car is a 94 red mustang. my son has cleaned, polished and for presents all he has asked for has been things to fix the car up. So now the car is assume. You would never believe it was the same car.... oh now there are 4 other red mustangs in our little town and one of them looks a whole lot like my sons... My son has been pulled over by the police more than 100 times and he has only had the car since June of last year. He has received one speeding ticket and they let him go to driving school for that one. Other than that he had one ticket for no headlights on - he pulled the switch but not enough and didn't realize the headlights were not on until he got down the road out of street lights when he noticed he turned his lights on but it was too late the officer saw him when he pulled out of the store parking lot and gave him a ticket. The ticket is normally 175.00 but the judge just fined him 20.00 and told him to be more careful.. I have spoken with the police and they tell him that they get complaints on a red mustang all the time and they just know it is him. At one time recently I was calling them because someone was bashing my mailbox every night. I went to the station to talk to an officer and she advised me they knew who was doing it and was going to talk to him. Another officer asked her who and she stated you know the reall cute kid with the supped up red mustang that looks assume. I just laughed and said are you talking about dl and she said yes and I informed her that was my son. He was not bashing his own mailbox he was having to fix it and put up new ones every day for the last 2 weeks.
When the officer gave him the citiation to appear in court he accussed my son of doing doughnuts down the street a week ago but I informed him that my son had not driven his car anywher in the past 2 weeks other than to school and straight home that the car was in the yard with a tarp on every day from 6:00 until the next morning at 7:00. He said the people said it was a red mustang and that they know it is my son.

I have aked why is it always him why can't it be one of the other 4 people that have red mustangs and they have no answer.

What can I do about this as well. It is getting to be just a little too much for me... And my son doesn't dgo anywhere in his car but school beuase of the fear of getting pulled over again.
**A: thanks for your novel.
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  #3  
Old 10-29-2003, 03:33 PM
BillyBG
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Are you sure your son telling you the complete truth? sounds fishy, a group of boys with identical cars that happen to make stops at your house?
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Old 10-29-2003, 03:52 PM
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Did you get a copy of the report filed and in it did it list the license plate number of your sons vehicle. I am sure it and the other three all have different license plates.
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  #5  
Old 10-29-2003, 08:58 PM
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Fight the ticket & subpoena the boy who was in the car to testify that the driver had blond hair & was not your son. Since the boy is the son of the complaining witness, his testimony is fairly credible. Also, subpoena the other boys so they can testify to what the witness originally said if he changes his story in court.

Your son doesn't know whether the friend with the similar car was the errant driver or not -- he only knows the other driver was supposed to be at your house that day, but called & cancelled.

Did anyone see your son at school late? See if you can nail down the time the incident occurred. A school official may be able to testify that your son was still at school at that time, or that he didn't have time between leaving & the incident to get home.
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  #6  
Old 10-30-2003, 10:45 AM
paularasco
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I am sorry for writing a book. As far as the women getting the tag number no. I asked the officer and he said she didn't have to get a tag number. Is my son telling the truth? Yes, I believe him, all his life that is one thing I can say about him he has never lied to me. At school yesterday a kid came up to my daughter and told her that one of the woman children told them that the mustang that passed them had one of those hoods that was raised up higher than normal, this I believe is a ram air hood and low and behold the boy that supposedly came to our house, however we have no proof, has that type of hood. my sons is stock hood. Our house is like the house that everyone always comes to. Its like a magnet to alot of my son and my daughters friends.

As far as after school. I will have to check with teachers. but there was a group of my sons friends all together in the parking lot after school talking.

Do I need to get a lawyer to supeno the kids?
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  #7  
Old 10-30-2003, 10:49 AM
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Location: Catatonic State
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Quote:
Originally posted by paularasco
I am sorry for writing a book. As far as the women getting the tag number no. I asked the officer and he said she didn't have to get a tag number. Is my son telling the truth? Yes, I believe him, all his life that is one thing I can say about him he has never lied to me. At school yesterday a kid came up to my daughter and told her that one of the woman children told them that the mustang that passed them had one of those hoods that was raised up higher than normal, this I believe is a ram air hood and low and behold the boy that supposedly came to our house, however we have no proof, has that type of hood. my sons is stock hood. Our house is like the house that everyone always comes to. Its like a magnet to alot of my son and my daughters friends.

As far as after school. I will have to check with teachers. but there was a group of my sons friends all together in the parking lot after school talking.

Do I need to get a lawyer to supeno the kids?
**A: no, it is against Alabama law to supeno kids.
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  #8  
Old 10-30-2003, 11:40 AM
paularasco
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The women is supposedly bringing her 3 kids that were in the car to testify that my son was the wreckless driver. Therefore, since they 3 kids in the plantiffs care are now saying that my son wasn't the driver I would hope that she would do the honest thing and go to the police. However, if she doesn't and I can not subpena the kids and if they lie what then???
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  #9  
Old 10-30-2003, 11:56 AM
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"no, it is against Alabama law to supeno kids."

I hat it when I get a supeno.
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  #10  
Old 10-30-2003, 12:00 PM
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"Every person who, having taken an oath that he or she will testify...truly before any competent tribunal..., willfully...states as true any material matter which he or she knows to be false...is guilty of perjury"

an example of what lying in court may constitute but having it prosecuted is another story.

Why do you continue to present questions are you unsure of his innocence?

Also, you said supposedly the woman is bringing in three kids, where are you getting this information??? Is it reliable???? Does it matter? I reread your post and it states that the kids are "supposedly" testifying that your son was the driver and then that they are stating he is not...am I just confused again?
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Last edited by dequeendistress; 10-30-2003 at 12:07 PM.
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Old 10-30-2003, 12:51 PM
paularasco
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OK... Let see if I can make it clear. I am sure of his innocence I have no doubt. I I keep asking questions, because I want to help my son by making sure that we do what is the right thing and do it corretly. If I knew what to do I would not be in this forum... I am just looking for legal advise on what measures I should take.

The police told me that the women is bringing her children in to testify. and then the children have also told others that they will be testifying. Even though they now know it wasn't my son they have stated that there is nothing they can do about it and we will still have to go to court.

Even though they will be purjuring theirselves if they lie. I would not put it passed the authorities in our community to tell the kids that they can lie and nothing will happen to them based on the police harrassment that my sons has undergone over the past year. I personally think that the police have not been able to actually catch my son doing anything wrong and this is the only way that they can do anything to him.


(Now I am not saying he is an angel. If he is guilty of something by all means he needs punishing but if he is innocent let him be.)
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  #12  
Old 10-30-2003, 08:38 PM
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"(b) Every person convicted of reckless driving shall be punished
upon a first conviction by imprisonment for a period of not less than five days nor more than 90 days, or by fine of not less than
$25.00 nor more than $500.00, or by both such fine and imprisonment"

Reckless driving is a six point offense. You can expect this to
increase your insurance premiums by 150%, usually for three years.

If you are paying 1000 now, you will be paying 2500 for three
years or 4500 extra just for this ticket. Of course this varies by
individual circumstances and carrier but is a fair generalization.

My advice is to stop seeking free advice and retain an attorney

It is not unusual for local cops to target a teenager with a red sports car. They are the ones they are used to putting in the back of an ambulance.
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