HERE'S A TUFF ONE!! If you can plz help me! :]

[DHiggins18]

What is the name of your state?
California

This one is killing me, I don't know what to do. I need some knowledge from the best, help if you can! Here goes..
[My car has a Front License plate, And a Temporary registration paper taped on front window]

My case:
I was driving my car back home heading northbound on a residential street when an approaching vehicle heading south turned on it's high beam lights 20 feet in front of me. When the vehicle came close enough to me that it's headlights were out of my eyes I noticed it was a police vehicle! At the time I did not have insurance so I decided it would be a good idea to finish heading home.

The police officer with high beams and I passed each other in our vehicles AT the interseciton of the block where my house is located. I proceeded to drive past the vehicle and turn left a block away from my house. Then I proceeded to drive to the end of that block which I will estimate is a distance of 650 feet. I then needed to make a left turn, but before I did i noticed in my rear view mirror, the police vehicle. I proceeded to make my left, and then another left which put me ON MY BLOCK.

I then parked in front of my house, turned off my car, locked it and walked to my porch. I grabbed my house key and sat down on the porch waiting for the car to pass by.
(People ask me why I waited outside instead of walking inside)
I waited for a good 40 - 50 seconds before the police vehicle came rolling down my street shining their light into all the yards, only to notice me on the porch.


The officer immediately upon seeing me, demanded that I come to him in the street. I walked to the edge of my property and said to him that I would like to stay on my property. He then yelled at me again to come to him and he approached me, grabbed me on my lawn and put my hands behind my back. All of this while my grandma walked outside the house to witness.

The officer then asked me if I was on probation/parole which I am not, and I have not been ever.

He then asked if I had anything illegal, to which I replied No I do not.
Next he asked me if I mind if he looked and I said ," Yes I do Mind."
He asked me why to which I replied , "I do not feel that I have done anything warranting a search."

He then started his "search for a weapon" by feeling my body and when he felt my pocket he touched a dollar bill from the outside and said to me, "It feels like you have rolling papers in your pocket or marijuana. Do you?" To which I said, "No I do not."
He then asked me again if I mind if he looks to which I replied, "Yes I do mind!"
Then he reached in my pocket and pulled out my dollar bill.

I asked him on what grounds are you placing me in handcuffs...
He told me that he ran my plates and the registration is expired, I explained I had recently purchased the car within the month and I have a temp registration taped on the window... He said to me, "Well, you were going to fast for me to see that."

I then wondered how I could be going too fast to blur my temp registration paper, but not too fast for him to read my frontal license plate. I said nothing though.

After he saw that my temp registration was valid, he decided to charge me instead with
Speeding 50 in a 35 //
Not using my Left Turn Signal //
and No Proof of Insurance //

I let the officer know that I knew I wasn't doing 50 mph and that I also knew he couldn't see me because he wasn't following me and he looked at me while I was handcuffed in the back, and he smiled a real big smile and nodded his head while saying...
"Yes I Did."


That's the brief of my story...
Basically the worst part was that I was handcuffed for over an hour while he "investigated and explained" my reasons for being handcuffed. And now this officer wants to put charges onto my record that will seriously damage my future...

If this ticket goes to insurance it's gonna hurt, I know it, older adults have told me so.
The officer didn't know I was driving with no insurance until he asked me in the back of his car.
That's the only charge I would honestly admit to knowing that I was wrong.

If you'd like to hear my explanation for driving with no insurance then you'll be sorry to hear I have no excusable reason..

But the realistic reason is I had another car before the one I was in. That car I paid 700$ for 6 months insurance... The day I paid it, my car was stolen with the keys..

I cancelled insurance and in 3 weeks bought my next car.. which is the car I was driving in this case. The ins money came late and 200 $ short..

I know I was driving illegally with no ins which I will happily plead guilty too, but do you think there's anything I can do to save me from these horrible moving violations that will undoubtedly hurt me record?

I don't know.. Law is crazy, I figure if America and Justice mean anything together, maybe I have a chance. Maybe not.. maybe they'll win this one over on me, and take my money which could be used to insure my car. I don't know..

If you know anything, I would be honored and more than happy to hear your advice. I'm willing to listen to any ideas. Thanks.
-D HigginsWhat is the name of your state?What is the name of your state?

 

[SHORTY LONG]

What is the name of your state?
California

This one is killing me, I don't know what to do. I need some knowledge from the best, help if you can! Here goes..
[My car has a Front License plate, And a Temporary registration paper taped on front window]

My case:
I was driving my car back home heading northbound on a residential street when an approaching vehicle heading south turned on it's high beam lights 20 feet in front of me. When the vehicle came close enough to me that it's headlights were out of my eyes I noticed it was a police vehicle! At the time I did not have insurance so I decided it would be a good idea to finish heading home.

The police officer with high beams and I passed each other in our vehicles AT the interseciton of the block where my house is located. I proceeded to drive past the vehicle and turn left a block away from my house. Then I proceeded to drive to the end of that block which I will estimate is a distance of 650 feet. I then needed to make a left turn, but before I did i noticed in my rear view mirror, the police vehicle. I proceeded to make my left, and then another left which put me ON MY BLOCK.

I then parked in front of my house, turned off my car, locked it and walked to my porch. I grabbed my house key and sat down on the porch waiting for the car to pass by.
(People ask me why I waited outside instead of walking inside)
I waited for a good 40 - 50 seconds before the police vehicle came rolling down my street shining their light into all the yards, only to notice me on the porch.


The officer immediately upon seeing me, demanded that I come to him in the street. I walked to the edge of my property and said to him that I would like to stay on my property. He then yelled at me again to come to him and he approached me, grabbed me on my lawn and put my hands behind my back. All of this while my grandma walked outside the house to witness.

The officer then asked me if I was on probation/parole which I am not, and I have not been ever.

He then asked if I had anything illegal, to which I replied No I do not.
Next he asked me if I mind if he looked and I said ," Yes I do Mind."
He asked me why to which I replied , "I do not feel that I have done anything warranting a search."

He then started his "search for a weapon" by feeling my body and when he felt my pocket he touched a dollar bill from the outside and said to me, "It feels like you have rolling papers in your pocket or marijuana. Do you?" To which I said, "No I do not."
He then asked me again if I mind if he looks to which I replied, "Yes I do mind!"
Then he reached in my pocket and pulled out my dollar bill.

I asked him on what grounds are you placing me in handcuffs...
He told me that he ran my plates and the registration is expired, I explained I had recently purchased the car within the month and I have a temp registration taped on the window... He said to me, "Well, you were going to fast for me to see that."

I then wondered how I could be going too fast to blur my temp registration paper, but not too fast for him to read my frontal license plate. I said nothing though.

After he saw that my temp registration was valid, he decided to charge me instead with
Speeding 50 in a 35 //
Not using my Left Turn Signal //
and No Proof of Insurance //

I let the officer know that I knew I wasn't doing 50 mph and that I also knew he couldn't see me because he wasn't following me and he looked at me while I was handcuffed in the back, and he smiled a real big smile and nodded his head while saying...
"Yes I Did."


That's the brief of my story...
Basically the worst part was that I was handcuffed for over an hour while he "investigated and explained" my reasons for being handcuffed. And now this officer wants to put charges onto my record that will seriously damage my future...

If this ticket goes to insurance it's gonna hurt, I know it, older adults have told me so.
The officer didn't know I was driving with no insurance until he asked me in the back of his car.
That's the only charge I would honestly admit to knowing that I was wrong.

If you'd like to hear my explanation for driving with no insurance then you'll be sorry to hear I have no excusable reason..

But the realistic reason is I had another car before the one I was in. That car I paid 700$ for 6 months insurance... The day I paid it, my car was stolen with the keys..

I cancelled insurance and in 3 weeks bought my next car.. which is the car I was driving in this case. The ins money came late and 200 $ short..

I know I was driving illegally with no ins which I will happily plead guilty too, but do you think there's anything I can do to save me from these horrible moving violations that will undoubtedly hurt me record?

I don't know.. Law is crazy, I figure if America and Justice mean anything together, maybe I have a chance. Maybe not.. maybe they'll win this one over on me, and take my money which could be used to insure my car. I don't know..

If you know anything, I would be honored and more than happy to hear your advice. I'm willing to listen to any ideas. Thanks.
-D HigginsWhat is the name of your state?What is the name of your state?

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[CdwJava]

I then parked in front of my house, turned off my car, locked it and walked to my porch. I grabbed my house key and sat down on the porch waiting for the car to pass by.
(People ask me why I waited outside instead of walking inside)
I waited for a good 40 - 50 seconds before the police vehicle came rolling down my street shining their light into all the yards, only to notice me on the porch.

THAT would look HECKA suspicious to the cop!

The officer immediately upon seeing me, demanded that I come to him in the street. I walked to the edge of my property and said to him that I would like to stay on my property. He then yelled at me again to come to him and he approached me, grabbed me on my lawn and put my hands behind my back. All of this while my grandma walked outside the house to witness.

Oops ... NEVER a good idea to disobey the police. He directed you to where he was - at that time he was attempting to detain you. You do NOT have a right to refuse that detention so he nabbed you.

He then started his "search for a weapon" by feeling my body and when he felt my pocket he touched a dollar bill from the outside and said to me, "It feels like you have rolling papers in your pocket or marijuana. Do you?" To which I said, "No I do not."
He then asked me again if I mind if he looks to which I replied, "Yes I do mind!"
Then he reached in my pocket and pulled out my dollar bill.

Well, two possible theories ... a pat-down search for weapons was likely justified, and, if he believed you to be under arrest for resisting or delaying a peace officer (for failing to heed his direction) then he can search your pockets incident to arrest.

I then wondered how I could be going too fast to blur my temp registration paper, but not too fast for him to read my frontal license plate. I said nothing though.

You try reading a small, pink and white piece of paper beneath an angled front windshield in the dark with lights shining on it sometime - you'll find out.

I let the officer know that I knew I wasn't doing 50 mph and that I also knew he couldn't see me because he wasn't following me and he looked at me while I was handcuffed in the back, and he smiled a real big smile and nodded his head while saying...
"Yes I Did."

Perhaps he had radar ... perhaps he is radar trained and thus has been trained in visual speed estimation ... perhaps not. In any event, something about your actions precipitated this event.

Basically the worst part was that I was handcuffed for over an hour while he "investigated and explained" my reasons for being handcuffed. And now this officer wants to put charges onto my record that will seriously damage my future...

How are traffic infractions going to damage your future?

The speed violation is very vulnerable to challenge under the circumstances ... and traffic school is always an option.

If you'd like to hear my explanation for driving with no insurance then you'll be sorry to hear I have no excusable reason..

Since there is no legal reason not to have insurance, your "excuse" is rather moot.

I know I was driving illegally with no ins which I will happily plead guilty too, but do you think there's anything I can do to save me from these horrible moving violations that will undoubtedly hurt me record?

You can challenge them in court and hope to prevail. Or, you can take traffic school.

- Carl

 

[DHiggins18]

THAT would look HECKA suspicious to the cop!


Oops ... NEVER a good idea to disobey the police. He directed you to where he was - at that time he was attempting to detain you. You do NOT have a right to refuse that detention so he nabbed you.

So should I simply accept the fact that an officer can detain me, even if I am on my own property and there is no warrant to arrest me?

Well, two possible theories ... a pat-down search for weapons was likely justified, and, if he believed you to be under arrest for resisting or delaying a peace officer (for failing to heed his direction) then he can search your pockets incident to arrest.

The search for weapons, I believe, is VERY well justified because he should know that I have no weapons on me...

But he searched my pockets after I told him "I do mind a search, I don't feel I've done anything." ... He never told me I was under arrest.

You try reading a small, pink and white piece of paper beneath an angled front windshield in the dark with lights shining on it sometime - you'll find out.

I understand this one.

Perhaps he had radar ... perhaps he is radar trained and thus has been trained in visual speed estimation ... perhaps not. In any event, something about your actions precipitated this event.

When he gave me his guess on my speed he said , "You must have been going 50."
I replied with , "There's no way I was driving 50, do you have that speed on radar?"
He said , "No."

His accusation is that because I was out of his sight by the time he reached the corner... i must have been speeding, which is not true.

How are traffic infractions going to damage your future?

Maybe my problem to you is not a big deal... i understand that...
but to me, I am 18 years old with a fresh record. Speeding 50 mph will be looked upon by insurance i'm sure.. I went to apply for insurance last night and there's a box that says "Moving Violations Within Last 3 Years"

If this case goes how the officer wants it to go.. i'll have to pay my ticket AND mark that Moving Violation box for the next 3 years.

The speed violation is very vulnerable to challenge under the circumstances ... and traffic school is always an option.

Thank you.. Very good advice!

Since there is no legal reason not to have insurance, your "excuse" is rather moot.

Yes, which is why I say that I have "no real excuse". I agree with you. I simply should not be driving. Which is why I would happily plead guilty to driving with no ins..
But that wasn't even his pullover intention. He thought my car was stolen... and it wasn't..and I believe he treated me in a way that a normal citizen doesn't deserve.

I was on my porch waiting because I would have been more than happy to provide identification and registration and answer all his questions... but my intention was to do it from the safety of my own property...

Possibly I overrated civil rights? That's what I'm thinking. I don't know. That's why I'm asking you.



You can challenge them in court and hope to prevail. Or, you can take traffic school.

- Carl

Thank you Mr. Carl Sir :] Your time and wisdom is greatly appreciated, i will keep this all in mind.