Drag racing ticket.

[vinniepearl]

Iowa

The other night I was cruising around with friends, and I was driving going about 30 mph when a truck came up behind me and flashed his brights and then he just kept them on.

So I thought well if he doesn't like this speed he can go around me, well he didn't then eventually I pulled into a parking lot and he pulled in and two cops pulled in behind me.

Well it turns out this guy was an off duty cop, and I pissed him off because he was riding my bumper with his brights on and I didn't move out of his way or speed up.

So he decides to tell the other cops that I was drag racing, and stopping in traffic. Which is completely un true. Yes I do drive a mustang but I definitely was not racing.

So my question is, he has no evidence of me drag racing, or stopping in traffic. He said "see you in court" when he left. Can he attend the court session if he was an off duty cop, and he wasn't the cop who wrote me the tickets?

Do I have to hire an attourney for this or what? Will any of his claims hold up in court if he has no evidence? What should I do?

Any info would help.

Thanks,
Tim.

 

[The Occultist]

Unfortunately for you, his "evidence" will be his expert unbiased testimony in court.

 

[Hey There]

A start

Tim

321.278 Drag racing prohibited.
No person shall engage in any motor vehicle speed contest or exhibition of speed on any street or highway of this state and no person shall aid or abet any motor vehicle speed contest or speed exhibition on any street or highway of this state, except that a passenger shall not be considered as aiding and abetting. Motor vehicle speed contest or exhibition of speed are defined as one or more persons competing in speed in excess of the applicable speed limit in vehicles on the public streets or highways.

Any person who violates the provisions of this section shall be guilty of a simple misdemeanor.

321.485 Notice to appear--promise to appear.

1. Whenever a peace officer has reasonable cause to believe that a person has violated any provision of this chapter punishable as a simple, serious, or aggravated misdemeanor, such officer may:

a. Immediately arrest such person and take the person before a magistrate; or
b. Without arresting the person, either

(1) Prepare a written citation to appear in court containing the name and address of such person, the driver's license number, if any, the registration number, if any, of the person's vehicle, the offense charged, and the time and place the person shall appear in court; or

(2) Prepare a memorandum of the alleged traffic violation containing the name and address of such person, the registration number, if any, of the person's vehicle, the offense alleged to have been committed, and such other information as may be prescribed by the commissioner of public safety with the concurrence of the director of transportation.

2. If the officer prepares either a citation or a memorandum as provided in this section, the alleged offender shall be requested to sign it. If the person signs, the person may be released without arrest. In case a citation is issued, the signing shall constitute a written promise to appear as stated in the citation. A copy of the citation shall be presented to the person named therein. If a memorandum is prepared, the original shall be retained by the officer, and a copy shall be sent to the department, and a copy shall be presented to the person named therein.

Some lawyers will give an initial consultation for no fee or a modest one to advise a driver of his options. The yellow pages of a phone book should have adds of those who do.

Best Regards,
Hey There

 

[vinniepearl]

Unfortunately for you, his "evidence" will be his expert unbiased testimony in court.

So... are you saying I have no chance to win this or what? Even if he is off duty and not in a police car recording what he is claiming he will win? I'd say that is completely unfair.

 

[The Occultist]

The way most courts will see it is that the officer has no reason to lie, while you, on the other hand, would benefit from a lie.

Get an attorney. Take Hey There's advice.