Can I beat this ticket?

[Ridge Runner]

Quote:
As far as the driver staying in the right lane, can the cop show that the driver could have moved over? There is no way ( except for video from another car or an eye witness ).

The cop witnessed it.


No. The cop only witnessed that he ( the driver ) did not move over. There was no way he could tell if the driver had the ability to move over. Unless the cop was laying on the ground and saw NO other car tires and even then it would be subject to if the cars were at the OP's drives or tandems of the trailer. There is no way I am excusing the driving habits of the OP. He should have been more "aware". But as far as taking it up the ***** for something like this, I would fight it.

[cdswans]

Originally Posted by Rev.Vassago

Good news. Hopefully Interstate Trucker does a better job for you than they did for me.

01WS6 . .

I'm going to let you in on a little secret . . I have read and heard of many instances where these "agency" lawyers don't put a lot of effort into their cases. I don't know how much you're paying Interstate but I think it's fair to conclude two things . . it's affordable for you and your lawyer isn't getting the whole thing, whatever it is. Agency work is there to fill slots in the attorney's calender. A lot of lawyers don't have empty slots and don't take agency work.

If you have a trial date, the chances are pretty good the "discovery" process is complete and your lawyer has the entire state's case in hand. The rules are that the state has to produce their game plan in it's entirety in order for your lawyer to adequately defend you and that would include any means the cop intends to use to back up his ticket. Have you talked to your lawyer? Has he said anything about what they intend to use to try to hammer you?

If you go in to that courtroom thinking you're facing a possible $500 fine and 4 points, for example and they offer a reduced fine and/or reduced points, will you be happy with that? In your original post you asked if you could beat this ticket. Do you still want to beat it? Your last post implies you think they've got you. Why?

[01WS6]

cdswans: The lawyer at interstate trucker said that neither the prosecutor or the officer wanted to give a plea bargain, because the cop said i didnt slow down. I want to beat the ticket but

[01WS6]

the way my lawyer was talking to me it seemed like even she thought i was guilty. I feel im not. I did everything i could to move over and slow down without risking a pile up. Hopefully the

[01WS6]

local guy their getting me will have more confidence in their client. I asked I. T. about getting discovery of the evidence and they told me not to worry about it. Im starting to doubt these guys.

[cdswans]

Originally Posted by 01WS6

local guy their getting me will have more confidence in their client. I asked I. T. about getting discovery of the evidence and they told me not to worry about it. I'm starting to doubt these guys.

I wish I had asked this sooner . . are you keeping good records of your contacts with Interstate? "Don't worry about it" worries me, too. Also, do you know what day and for what purpose you are to next appear in court? It sounds like the coaches are keeping secrets from the team.

The reality here is that this is not big potatoes to a lazy or lousy lawyer. Unfortunately, as in every walk of life, the majority fall into one of those categories. To a good lawyer, EVERY case is big . . all the eyes get crossed and the Ts get dotted. Category L-L lawyers are happy to "wing it" with the ticket and the cops report/narrative. Category G lawyers will craft a set of questions and depose the cop/witness(es) to get to the bottom of what they have and what motivates them and then build a defense around it. Unfortunately, either method is perfectly legit and you'd respect either if you win, which is how they get away with it.

Remember what I posted earlier . . the majority of these tickets probably get mailed in with the fine?

You're paying good money because you're interested in a different outcome. It doesn't matter how much you paid. You paid and you are entitled to a thorough and aggressive defense. You need to get a handle on where you stand, how aggressive they intend to be and what strategies they intend to deploy. Your license should mean as much to your lawyer as it does to you.

[cdswans]

I'll try to keep this short and simple. I don't do business with any referral services. Lawyers and other professionals often don't have anything to do with the referral services you and others may be paying into. Very often, a referral service is nothing more than a marketing company or a list aggregator.

How it works . .

Lets say Jim the marketing genius recognizes the need for farrier services . . horse shoers. Horse enthusiasts are constantly on the go, buying, selling, breeding, showing and racing horses. It would stand to reason that sooner or later, one of these horses will throw a shoe and it could happen anywhere. Jim thinks that if he can put together a list of every shoer in the land, he can offer a one call solution to the witless horse owner. Jim puts together his list and realizes he needs to confirm the accuracy of his list. He wants the system to be streamlined and easy to manage. He doesn't want to waste any time calling on anyone who no longer exists or isn't interested in participating. He also wants newer shoers (new state licensees) just getting started who may be very eager to participate to help grow their new business. He comes up with a brochure that says I won't charge you a penny (although some might) and I will send business your way if you agree to the following conditions . . and after the initial referral, you own the customer and you can charge them whatever you want. Jim sends out the brochure and over time he builds a refined list of professionals that respond and will accept his referrals under predetermined conditions.

Now Jim needs to find horse enthusiast customers. He researches the horse business and creates a list of every known horse owner, breeder, event, publication, facility and association he can get his hands on. Jim creates a brochure, figures up a fee structure and promises for a fee, with one call, you can be assured of high quality farrier services at anytime and in any place your travels may take you. He mails out the brochure, hires big titted agents to work truck stops for some reason, and in every way he used to build his provider list, he will continue to refine his customer list, collect more fees and grow his business . . without so much as ever having pounded a nail.

Jim's Farrier Service promises "1000s of Satisfied Customers" (hasn't had any complaints, yet) yet employs no farriers and doesn't know the first thing about shoeing a horse.

Suddenly, in the dark of the night, subscriber Bob Tailednag calls in a panic and requests emergency farrier services for his favorite fillies. Jim asks Bob to stay near a phone and assures him that help is on the way. Jim consults his list for the first farrier closest to Bob's zip code and finds Don Durango. Jim calls Don and states his business to which Don replies "who . . what . . are you sure you have the right number?" With a little prodding, Don recalls that he did agree to the deal 3 years ago when he first got out of school and licensed but didn't have any customers. "I'll try to squeeze him in but I'm a busy man . . " says Don, to which Jim replies "you're the first name on the list and there's a lot of shoe activity out your way . . you own this customer after this deal . . or I can simply take you off the list and all my future calls will be to your nearest competitor." Don, being the honorable guy that he is, agrees to take the lousy paying deal and provide prompt, quality service with his eyes toward the heavens and his fingers crossed behind his back.

[Rev.Vassago]

When I hired Interstate Trucker to fight a ticket, they never even bothered to enter my not guilty plea. I ended up getting a default judgement that I had to get overturned. IMO, those people are worthless.

[golfhobo]

Originally Posted by 01WS6

And as a side note Interstate Trucker told my employer about this ticket. Safety called me last week about it. Luckily im NOT getting fired over it even though it will be 4 points if convicted.

Somehow.... I DOUBT this. I've used "them." There are many ways your employer might find out about it.... but, I don't see how it would come from Interstate Trucker.

Just sayin'...

[Biscuit Lips]

If I can get out of a ticket for passing an unmarked P.O. at 73 MPH OVER the posted speed limit, on a motorcycle, surely the OP could get out of this BS ticket.

[cdswans]

Originally Posted by 01WS6

. . Either way i expect to lose when i go to court in early november. ill let you know . .

Is the OP still around? Is the Rev still around?

It's early November and I want my booze!

[01WS6]

lol im still here cdswans, my trial is friday morning ill be sure to let you all know what happens, even if i end up getting a plea bargain

[01WS6]

Well as much as i would have loved to see who would be getting the boose, I got a plea bargain for a non moving violation since i drove 200 miles to show up in court. Maybe next time...

[Red Clay Rambler]

Glad to hear it. Did you have an attorney with you or did you go it alone?

[01WS6]

Thanks. Yeah i had some lawyer that interstate trucker sent for me. He was 10 minutes late. Go figure. Its going to cost me a fortune to get out of this, 240 for the ticket AND

[01WS6]

i have to take a nice 80 dollar defensive driving class in toledo. This is a crock but the cop was hellbent on me getting 4 points on my MVR. If i didnt drive for a living i would have had a trial.

[golfhobo]

Originally Posted by 01WS6

Well as much as i would have loved to see who would be getting the boose, I got a plea bargain for a non moving violation since i drove 200 miles to show up in court. Maybe next time...

See.... this is ONE reason why I wish I had pursued a career as a lawyer. This is total B.S. How can they accept a plea for a NON MOVING violation for an offense of NOT MOVING OVER for a cop while DRIVING a vehicle??

Don't get me wrong.... I think you got a good deal. But, if the cop says you didn't MOVE over, while MOVING your truck down the road and TRAPPED in the lane closest to him.... and INSISTS that you didn't SLOW DOWN while "moving" your vehicle.... well..... how can he allow a plea of NOT GUILTY to the moving violation and accept a NON MOVING violation plea? How could you endanger HIS LIFE, if you were NOT MOVING?????

As a "wouild be" lawyer.... I would HAVE to appeal this decision on the irrationality and contradiction of fact. I would ask the appeals court to rule that the lower court could NOT find you guilty of a "non moving violation" when the only charge and testimony given by the state was that it was a MOVING violation.

But, NEXT TIME.... if you can't move over, slow WAY down and put on your flashers. Hit the jakes even if you don't NEED them.

[01WS6]

Golfhobo you can bet your ass that next time im going to slam on my brakes as hard as I can, even if its Icy out, or even if im hauling swing beef. And if i jacknife i hope the trailer slides

[01WS6]

towards the cop and not the people next to me in the hammer lane. The main point is its all about MONEY and thats ALL its about. I just worked a week for free because a cop has to make his quota

[01WS6]

and if i actually DIDNT slow down it would be one thing but I did, just not enough for the cops ego.H aving 0 points on my record helps if my employer asks me anything about something else on my MVR