Mikelly Posted April 19, 2005 Share Posted April 19, 2005 I just got out of court in Spotsylvania, Virginia where I had to answer to the charge of Reckless Driving… couple of observations I walked away with, since it has been a while since wearing a badge (Was in law enforcement for 5 years back in the late 1980s), or being in court. Dress appropriately… Do not go into court to answer to a charge wearing jeans, a jogging suit, T-shirts, anything with slogans on it, or anything dirty, ripped or torn. Don’t go into court wearing shop uniforms, or burger king outfits. I was amazed at HOW some people dress when going before the judge. NEVER and I do mean NEVER plead guilty. Even if you are. Most times when the judge hears a plea of guilty, there is NO reason not to find you guilty since you have admitted guilt. :toetap: Leave emotion at the door. The judge doesn’t want to hear how this officer is lying or that officer is out to get you. The officer is an officer of the court. He is an extension of the judicial process and therefore given the presumption of being truthful… Unless you have hard evidence that the police officer has perjured him self, don’t even think about arguing this defense. Over the last 10 weeks I’ve had a number of people from the various boards I surf on tell me to “get a lawyer†and prepare to get screwed in court. Virginia is notorious for taking licenses and throwing people in jail. I actually talked to one lawyer about my case in passing and he recommended that what I was planning was the appropriate course and that often times a lawyer won't get you any further along the process when dealing with traffic offenses. It is kind of hard to argue that I did NOT spin my tires, so that defense wouldn’t work… I did spin tires. So then what does that leave? What caused me to spin tires? I told the judge the truth. I was sick. The car wasn’t fully in first gear, and popped into neutral when I let the clutch out (It could happen ), and I shoved it back in first and the car broke traction… I also mentioned the snowstorm of three days prior and the resulting sand aiding in my loss of traction. I mentioned that I was not that polite to the officer because I was sick, and I believed that this reason aided in the officer writing me for the more serious offense of reckless driving… I then turned to the officer in question and said I was sorry for that conduct :blueangel: . But then I told the judge that I didn’t think what I did was reckless, but improper and maybe stupid :yesnod: . The judge agreed and reduced the offense to improper driving with a fine of $50 plus court cost ($56)… All this AFTER the officer made it clear that I spun tires, then fish tailed through the intersection, all in a 1999 Chevy Corvette. This is the seventh reckless driving ticket I’ve had either reduced or thrown out in my 22 years of driving :crazy: and this one, more than any other, was the one that kept me up at night. I lost sleep and was stressed out over it. Why? Because I’m 38 years old and I was driving a Corvette. I was pretty sure that I was going to get off or get it reduced without a lawyer, so long as the judge appeared to be fair and balanced. But if he was a judge that was harsh, it could mean loss of license. This particular judge was fair, to those who were properly dressed, and used proper manners in court, spoke clear and plain English, and did not use slang terms. It was quite the experience… Track days for me from here on out. Mike Quote Link to comment Share on other sites More sharing options...
Tim240z Posted April 19, 2005 Share Posted April 19, 2005 Well done Mike....go home and have a nap Quote Link to comment Share on other sites More sharing options...
auxilary Posted April 19, 2005 Share Posted April 19, 2005 Ladies and gents, this is the man who does not need to bring a tub of vasoline with him when he goes to court! Quote Link to comment Share on other sites More sharing options...
Mikelly Posted April 19, 2005 Author Share Posted April 19, 2005 Oh Christ! That one got soda out the nose! I can always count on you Alex.... Mike:lmao: Quote Link to comment Share on other sites More sharing options...
auxilary Posted April 19, 2005 Share Posted April 19, 2005 *curtsies* no problem. Quote Link to comment Share on other sites More sharing options...
Trevor Posted April 19, 2005 Share Posted April 19, 2005 All excellent observations Mike. Happy ending too. I've only had one opportunity to plea in the Henrico Co. courthouse about 5 years ago for the crime of following too closely (in a snowstorm, mentioned by the police officer) and cause a bent Cavalier trunklid. Got sent to sit on the bench labeled "Group W" in 3-part harmony with driving school, $40 court fee, no fine, no points - still feelin' lucky. I wore a suit and only said three words "yes" "Sir" and "guilty" since I didn't know any better. But the other folks who showed up that day - One rich brat who had not showed up for 2 previous court dates brought his lawyer who argued that the Social Security # on the warrant was one digit wrong - therefore it did not identify the kid. He walked. 17-year-old girl was speeding 100 mph on the interstate because she had a curfew - her mom was there to confirm. Mom also held the girl's pocketbook as she was led off crying in handcuffs to spend the rest of the day in jail. One Guy says he was speeding because the speedometer is off, but he can't prove it because it was a borrowed car and he hasn't been able to get it to a shop to calibrate. Judge gave him an extension to come back in 4 weeks. A guy who looks like a homeless wino is ordered to install a breathalizer lock in his car's ignition after a DWI. 4 or 5 people told the same story: "I was expecting a ride to work since I don't have a license, the ride didn't show up, so I drove myself and was caught speeding so I wouldn't be late for work." The best was a guy reading a prepared essay on the unfairness of traffic fines which did not meet the rule of law that no laws shall be passed solely for the purpose of the government to raise money. (my words, the essay was moch more flowery and contained a number of Latin expressions) The judge listened politely, then remarked that he didn't think any of the people who frequently try to use that excuse understood what he had just read. I don't remember what he was charged with, or the punishment, but his defense was entertaining. Quote Link to comment Share on other sites More sharing options...
auxilary Posted April 19, 2005 Share Posted April 19, 2005 All excellent observations Mike. Happy ending too. Wait, so let me get this straight... Mike got off scott free, AND got a happy ending? you know, this is not where I expected this thread to go... Quote Link to comment Share on other sites More sharing options...
Corzette Posted April 19, 2005 Share Posted April 19, 2005 A tub of vasoline....LMAO!!! In the Marine Corps we called it "The big green Weenie"! Vasoline was needed most of the time however! Terry Quote Link to comment Share on other sites More sharing options...
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