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Reckless Driving While Standing Perfectly Still?

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Caljamscott

Guest
What is the name of your state? New York

Hi attorneys. Thank you for reading and possibly replying to my post. This may be one for the Books...

How do you receive a summons for Reckless Driving while you are standing perfectly still? This is what happened to me. This case is pending in Criminal Court.

Late at night, around 3:30AM. No one around. Under the elevated train. I'm waiting for the stoplight to change. When it changes, I proceed through the light. As soon as I do, an RMP appears out of nowhere, turret lights flashing like mad, no siren. Pulls me over. I ask, "I guess I went through the light, right officer?" His reply is "you did a lot more than that." It was better I ask him that than "are you about to shoot me, Officer?"

Gives me two pink summonses. One for passing a right light, the other for reckless driving. I'm a professional driver, with a totally clean abstract going back for years. No violations, no accidents, etc.

At the time, I didn't realize the severity of a Reckless Driving charge. What am I supposed to do? Start a beef with this creep right out on the street? He'll lock me up.

I'm worried, even though I'm hiring a lawyer who works in that particular court, who told me DON'T worry.

Have you ever HEARD of such a thing? The more logical explanation is that this corrupt cop wants to make himself, the sargeant and the captain look better on the Sheet. I refused the first plea offer of "disorderly conduct" along with a $150.00 fine.

I'm a prominent member of the Community. I'm just an honest businessman and this is obviously just a frame-up. I'm the one being framed!

What do you think will be the outcome of this? Thank you so much for your advice and help in what really is a ridiculous situation for me to be in if it weren't downright criminal on the officer's part. I'm certainly contemplating a complaint with the Civilian Complaint Review Board. This police officer is a danger and a menace to the peace-loving people in this community. If he pulls this crap on me, perhaps he's got a pattern of this betrayal of the public trust.
 


Caljamscott said:
I'm a professional driver, with a totally clean abstract going back for years. No violations, no accidents, etc.....

Have you ever HEARD of such a thing? The more logical explanation is that this corrupt cop wants to make himself, the sargeant and the captain look better on the Sheet. I refused the first plea offer of "disorderly conduct" along with a $150.00 fine. ..... I'm just an honest businessman and this is obviously just a frame-up. I'm the one being framed!

..... I'm certainly contemplating a complaint with the Civilian Complaint Review Board. This police officer is a danger and a menace to the peace-loving people in this community. If he pulls this crap on me, perhaps he's got a pattern of this betrayal of the public trust.
I've heard of such a thing. Happens in similar fashion with some frequency, but is particularly difficult to address, in that the good behavior of officers is always presumed and it must be proven that on some lonely street, no witness but somebody with bacon to save, that he actually misbehaved. Cop is in the catbird seat, considered squeeky clean. If there is a pattern of abusing authority (actually playing fast and loose with constitutional rights) that too seldom shows up or gets entered to record for latter examination. Most of the abused citizens will not file complaints in a way that makes a difference. Your complaint, if you file it, could even be the only one to get listed.
 
C

Caljamscott

Guest
Robbie0723 said:
Your lawyer will probaly fix it long as you don't go with him to court and open you big mouth...
That's great help, Robbie0723. I promise I won't open my Big Mouth, and I know what you mean.

I don't exactly know what you mean by he will "fix it," although he has told me already I may have to pay a "small fine." Can you point out to me exactly what it means that "he will fix it" if you may?

So, I got framed up. It's not the first time this has happened to me, it's the third time.

I don't mind paying a "small fine." It's just that I don't want anything sticking to my record because I know I didn't do anything wrong to start with. Put yourself in my place. I could understand if I caused some harm to the State but I didn't do a DAMN thing to bring this on. I'm just being railroaded and I'm sure you guys know when someone is not leveling with you here.

Maybe I should've taken the first offer of "Disorderly Conduct" even though I know I'm plum innocent of anything. As long as the Record is sealed I don't care if they call me the the anti-christ. It's a good thing I'm hiring this particular lawyer because I've known him for some time as he's defended me in at least another one of these matters in the past as the Public Defender he is, in the Court upstairs from this one.

Thank you so much for your help. You've put my mind at ease somewhat tonight. You might as well call me "Railroad Charley" from now on because that's what is happening to me right now.

Hey, a bit of levity here. You guys wanna hear something very funny? As long as I mentioned the title of Public Defender there's this guy that posts with me in the newsgroups, a real hard-nose but illiterate buffoon who thinks your title is THE PUBLICE DEFENDER. Stop laughing now :rolleyes:
 
C

Caljamscott

Guest
racer72 said:
A point of reference. 3:30 am is early in the morning, not late at night.
That's very helpful, racer72.

May I ask you something? Am I going to be asked my version of what happened or is my lawyer going to be doing all the talking for me?

I guess you know by now the palce is the Criminal Court of the City of New York.

Thank you all so much for helping me on this thread. May I remind you I'm just getting railroaded in this Matter like I've never been railroaded before.
 

Pugilist

Member
Do you have ANY idea of what he thinks you did to deserve the cites? For example,
1. Does the red light ticket indicate what light he thinks you went thru, how late or early he though you were, and whether that violation was before or after the alleged reckless driving?
2. Does the reckless ticket tell what you he thinks you did that was reckless - speed, cornering too fast, a near-accident?

Here in CA we are allowed to do a Discovery, which will get us a copy of whatever notes the officer made on the back of the ticket, or elsewhere (assuming he plans to use those notes in court). I believe it would be the same in NY. So maybe if you're totally mystified as to why he ticketed you, those notes will reveal why.

Get the best lawyer you can afford. Really shop around. Don't hire the first one you talk to. There are lots of lawyers specializing in traffic tickets. When you are shopping, ask them to tell you what papers they will file. If a lawyer tells you that you don't need to do a Discovery, find another lawyer.

Pug
 
C

Caljamscott

Guest
poppakeith said:
I've heard of such a thing. Happens in similar fashion with some frequency, but is particularly difficult to address, in that the good behavior of officers is always presumed and it must be proven that on some lonely street, no witness but somebody with bacon to save, that he actually misbehaved. Cop is in the catbird seat, considered squeeky clean. If there is a pattern of abusing authority (actually playing fast and loose with constitutional rights) that too seldom shows up or gets entered to record for latter examination. Most of the abused citizens will not file complaints in a way that makes a difference. Your complaint, if you file it, could even be the only one to get listed.
Thank you for your input.

Maybe it's just me, but this is the 5th time I've gone through this falsity. Starting around 1984, I turn the corner onto 2nd Ave from something like 46th Street in NYC, a right turn, and there's a lone cop right there on the next corner from a Staten Island command no less, pulls me over and says I passed the red light. Ridiculous, absolutely ridiculous but guess what...Guilty. Happened in broad daylight. Complaint filed with the Police Board.

There was another time in the Bronx when I was waiting at an intersection in the right lane, and as you know this is the lane I'm supposed to be in. Broad daylight. Another corrupt cop comes up alongside me in an RMP from the left lane, giving me dirty looks all the way from the passenger side of the RMP as I'm still waiting at the light. After a minute or so the light changes, I proceed with them next to me, sure as heck this joker pulls me over and says I passed the red light. Luckily found Not Guilty on this one. During case complaint filed with the Police Board.

Another time in Manhattan, in the 1980s again, somewhere on Riverside Drive or something in broad daylight I pull up to an intersection on the West Side Highway under construction or something and the traffic light is broke. There is no red light, and you can't see the glow from the green light on the other side. With caution and after a full stop, of course, I proceed past the non-working light. Sure as heck some other Joker in Blue with a partner pulls me over and said I passed the steady red. I explained to him that the light is broke, there is no steady red or steady green or anything.

This pest tells me, "wait here a minute." He goes to the intersection, I suppose, I couldn't even see where he went, comes back and says "the light is working perfectly." Guess what, GUILTY!

The first time I got ever got hit with this "cop out of control nonsense" was in the early 80s when I made a left turn onto 3RD Avenue East 86th Street, safely as safely can be. All of a sudden there's this other liar in blue, the first Liar in Blue I had ever encountered from these five incidents I'm telling you about. He's grabbing his quarry by my Door Handle no less! As if I'm about to pull away or something. This clown in blue came out of nowhere!~ Ordering me to pull over, issues a summons for I think unsafe left turn or Passing Steady Red. I don't even remember the outcome of that one.

The other 10 or so times in my life I received traffic tickets I know I did something wrong, so I'm not complaining about those. It's just that I've had five of these railroad incidents, and now I'm in the midst of the most serious railroad of all. Maybe this is hard to believe, but if this is the 5th time this abuse of authority and breach of the public trust has happened to me, I'm sure you're aware of other incidents like these.

The thing that scares me the most right now is that I notice that other people who post here admit they have done something wrong, and they're looking for their best way to get out of the situation. In these 5 sour cases including the current one I'm in, I am just the victim of repeated out-of-control Smokey the Bears.

Thank you all so much for everything you're posting about the "current railroad and frame-up" I'm being innocently dragged into. Maybe it's me. Maybe I was born into some sort of bad traffic luck and I attract corrupt, misbehaving and seriously lying police officers naturally when I'm on the road sometimes. I'm sure some people go through their driving careers and this never happens to them once, but to me this is the 5th and most serious time I'm being innocently dragged through the Railroad Ordeal.
 
C

Caljamscott

Guest
Pugilist said:
Do you have ANY idea of what he thinks you did to deserve the cites? For example,
1. Does the red light ticket indicate what light he thinks you went thru, how late or early he though you were, and whether that violation was before or after the alleged reckless driving?
2. Does the reckless ticket tell what you he thinks you did that was reckless - speed, cornering too fast, a near-accident?

Here in CA we are allowed to do a Discovery, which will get us a copy of whatever notes the officer made on the back of the ticket, or elsewhere (assuming he plans to use those notes in court). I believe it would be the same in NY. So maybe if you're totally mystified as to why he ticketed you, those notes will reveal why.

Get the best lawyer you can afford. Really shop around. Don't hire the first one you talk to. There are lots of lawyers specializing in traffic tickets. When you are shopping, ask them to tell you what papers they will file. If a lawyer tells you that you don't need to do a Discovery, find another lawyer.

Pug
THese are wonderful angles and questions that need to be explored, Pug. I'm going to have to take some time to analyze what you're saying here. Thank you so much for this.

What I wonder about is my lawyer going to handle everything, or am I going to be asked to testify? If I'm going to have to testify I'd like to go in there with an easel and a magic marker and I'd like to ask "Mr. Some Stones" to make it explicitly clear to the judge exactly what I "did wrong" in something as serious as Reckless Driving. I'd like to know, for instance what was I popping wheelies with my Lincoln Towncar, or coming close to knocking down a pedestrian or two, or speedracing with someone?

I would think these would all be hard to do while waiting for a red light under an elevated train station. BUT experience tells me that if "Mr. Some Stones" the lying police officer here concocts a story as serious as passing a red light and reckless driving to the innocent motorist, then he's going to do everything he can in court and under oath to get a conviction at any and all costs to me no matter what.


Along with the easel, some photos or even a video of the scene wouldn't hurt on my part either if I knew I was actually going to have to testify. Do you know if I'm actully going to have to testify? This Liar in Blue talks up a good game...better than me.
 

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