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Old 07-08-2008, 07:15 PM   #1
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Default Seeking legal advice

Here'* the story
About seven months ago, I was pulled over and given a ticket for 93mph in a 60mph zone. I was not speeding. What happened was, there was a vehicle tailing me very closely (turned out I knew him through a friend later on) for about 5 miles through town. (St. Cloud MN.)
When I hit a county road (it went from a 50mph zone to a 60mph zone) I was accelerating from 50mph up to 60mph as anyone else does. The car tailing me hears me accelerating, decides to stomp it down and blow past me to try and get me to race him. (He told the officer this.)
The officer pulled me over and flagged the other car to pull over as well, gave us both the exact same ticket, (93/60 endangerment of life and or property.) which is a misdemeanor.
The officer told me that the other driver admitted to trying to get me to race him, I told him my side and still issued the ticket.
Had a court trial today, and no, it didn't go well.
Here'* pretty much how it went:
-Less than five minutes before stepping into the court room, the prosecutor handed me a plea deal the expired on June 24th, 2008. Today is July 8th, 2008. So I didn't take it thinking I wasn't eligable to since it was in writing that the deal was withdrawn on the 24th of June.
She (the prosecutor) told me it wasn't sent to me because they didn't believe that I was home yet. (I spend 4mo. 9days in Fort Knox KY. came home on May 19th)
I had arranged the continuance before I left, that'* how they knew I had been gone.
-Officer stated the radar gun had been calibrated before his shift, but showed no documentation or proof that it had been in fact, calibrated.
-Other driver admitted to "trying to get me to race," the officer stated this when the ticket was issued and I had brought it up before the judge. Not to mention me and the other driver were issued the same exact ticket.
-Neither officer nor Prosecutor display on physical evidence, or any form of evidence (video, photo or proof of the radar reading etc. )other than his own word against me.

Take a wild guess who the judge sided with?

I went from a plea deal of $300 fine and just speeding, to the original $380/endangerment of life/property. (Misdemeanor offense.)

I'm looking at appealing this because it could potentially screw me over in my new job. Any advice?
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Old 07-09-2008, 12:00 AM   #2
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i recently got pulled over for a 80 in a 60 and there was no way i was speeding that much anyway later on come to find out that i coulda asked for the radar speed from the cop just to make sure he wasnt trying to screw me over. i ended up not having to go to court i payed a lawyer to get it reduced. the only advice i have is just try to fight it and hopefully u will win
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Old 07-09-2008, 12:35 AM   #3
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I'm in the process of fighting it, have been for a half year now.
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Old 07-09-2008, 08:27 AM   #4
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My understanding is you must send a letter to the town/state police petitioning the records on the gun calibration and the troopers certification to use that gun.

Also, I'd bring a lawyer to the appeal.
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Old 07-09-2008, 10:36 AM   #5
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The bottom line is you are in a "town" court, and in such venues you are very limited in your specific rights no matter what they may/should be. They do as they please. They accept whatever evidence they please, and the officers word is for the most part all the evidence they care to weigh. Pay the fine and move on. I just spent 2 and 1/2 years without a license, (alot of it because my license was on hold during all the procedures, went to court 8 different occasions, my attorneys ate up 3000 dollars, and in the end wound up basically with what I was offered in the first place. Town courts have the most liberal guidelines possible in favor of the prosecution. They know each other on a daily basis and your a stranger, and as you go up the appeal process that doesnt change untill you near the top. Most attorneys dont have the experience for that level, and you dont have the money to fund it. Appellate Courts are inclusive on both sides of the street and you dont want to take a knife to a gunfight. I realize in some judicial circuits, you can find a defense lawyer "in the loop" who can actually do you some good. But these this type of scenario isn't always present or easy to find. Weigh all the possibilities before a decision to appeal. And dont base your thinking on .....well you are right. Because then...... your thinking is wrong. And don't accept a lawyer who says they might be able to do something. The ones "in the Loop" of a particular court will come right out and tell you such.

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Old 07-10-2008, 01:39 AM   #6
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NEVER! NEVER!!! NEVER EVER!!! Talk to the county prosecuter before the court hearing. They are trying to coherce you into admitting guilt and WILL twist your words to admit guilt even without your implying it.
If you are approached by one, tell them you have a deal for them -your lawyer get'* to interview the accusing officer first, then you will talk. If they laugh and say they don't see your lawyer, tell them you've got one on speed dial waiting to get called in (and have one if you have a real case).
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Old 07-10-2008, 08:17 PM   #7
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True to case!!! Never ADMIT guilt, NEVER ADMIT you were racing, or speeding!!...No matter what the other guy said. That other guy is a MORON!! He should have NEVER admitted to ANYTHING!!!! That IS the name of the game. You should always seek legal advice. They will always steer you in the right direction. You would have came out of this with such a small court fee and a clear record with an attorney!!!
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