MAJOR PROBLEM (Legal) Please Help

Post by **drifts14x** » Wed Mar 31, 2004 8:02 am

So I have a problem with the law. Just the other day, I was attempting to make a yellow light, when I found that I was going too fast and was forced to drift through it. Unfortunately for me, a police officer saw the whole thing and arrested me, but my mother came and picked up both myself and my car before they could impound us. I need to know what to do as far as court goes. Problem is, I just finished paying for and doing community service for the same offense, just not on a public road(drove around a school administrator). If we have any lawyers in our ranks, please help me.

Post by **fiznat** » Wed Mar 31, 2004 8:02 am

rut ro. 2nd offence for the same thing? ...and he ARRESTED you for doing it? lol you must've been acting like a real idiot.

I bet you're gonna get your licence suspended this time buddy... I dont know if much can really help you. If you did it (for the 2nd time) and the cop had a good view of it and everything, then I dont know any lawyer that can really save you. Maybe you might get a judge in a good mood, but man... start praying...

Post by **Nathan** » Wed Mar 31, 2004 8:02 am

Haha, wait...you drove around a school administrator and got in trouble? I want to hear this story...I might have a similar one

I'm not so much believing the "forced to drift" part, sounds like you were going too fast to begin with and should have just stopped for the light. Of course, we've all blown through yellow lights, turns and straights...so I'll just tell you that the best option is just to be honest with the judge, explain exactly what happened, express your desire not to have any further problems with the law, and believably, promise not to do stuff like that again and to drive safer. It has to be believeable though, dont go overboard or anything. Did you mouth off to the officer or anything? They dont usually arrest people for doing things like that...

Post by **Onizuka** » Wed Mar 31, 2004 8:02 am

Forced to drift through? You do know that drifting is the slowest way around a corner right?

Take responsibility for your actions and pay. What you did was illegal and you did it by choice, there is no way around that.

Post by **Nathan** » Wed Mar 31, 2004 8:02 am

J-Spec Tuner wrote:Forced to drift through? You do know that drifting is the slowest way around a corner right?

I'm guessing he just fishtailed a bit...thats the new definition of a "drift" you know

Post by **drifts14x** » Wed Mar 31, 2004 8:02 am

alright, I wasnt convicted for the first offense, i plea bargained out of it. yes, the car did fishtail a little, but i stayed in the lane, and I was only going 5 over, i just have really bad tires(they spin no matter what in the rain). I was not mouthing off to the officer at all, infact, i was so scared I was shaking. I also received no miranda warning and was handcuffed behind my back, the latter of which I believe is illegal in florida for a minor.

Post by **Nathan** » Wed Mar 31, 2004 8:02 am

Well, I wouldn't go *****ing about how you were cuffed at court...but I WOULD be as honest and respectful as possible

Still though, I want to hear the story about the school admin!

Post by **xyster** » Wed Mar 31, 2004 8:02 am

Getting cuffed for "reckless driving" like that isn't that abnormal. I know a guy (Nico member who shall remain nameless) who saw the inside of a police car for "drifting" in a deserted parking lot at midnight. That was his first offense, too.

Oh, by the way, if those "Weapon-R race harnesses" in your sig are 4- or 5-points, I wouldn't be driving recklessly (i.e. "drifting through stoplights"), unless of course you don't like the natural layout of your spinal column.

Sorry, I don't have any legal advice for you.

Post by **C-Kwik** » Wed Mar 31, 2004 8:02 am

drifts14x wrote:alright, I wasnt convicted for the first offense, i plea bargained out of it. yes, the car did fishtail a little, but i stayed in the lane, and I was only going 5 over, i just have really bad tires(they spin no matter what in the rain). I was not mouthing off to the officer at all, infact, i was so scared I was shaking. I also received no miranda warning and was handcuffed behind my back, the latter of which I believe is illegal in florida for a minor.

The most basic rule of the road - Do not drive faster than conditions alow. If your tires are so bad that they have no traction, perhaps you should not be on the road AT ALL. Frankly, wet roads and bad tires seem to be something you were already aware of. Secondly, even bald tires have to be cohearsed to some extent to spin them.

Post by **StrangeLove** » Wed Mar 31, 2004 8:02 am

I wouldn't preach to him because more than likely you have done things like that in your past, but you didn't get caught...

If he arrested you, and did not read you your rights then... actually, I don't know... Get a lawyer

Post by **gabossie** » Wed Mar 31, 2004 8:02 am

You can't do anything about not being read your rights unless there is something about being a minor that makes it different. When I got a DUI (not drunk, just under 21) a couple months ago he never read me my rights and I thought it was against the law. What it is, is that they have to read you your rights if they are going to question you after they have arrested you (loophole), so they do all their questioning before they put the cuffs on.

Post by **kahoots240** » Wed Mar 31, 2004 8:02 am

I thought if a cop does not read your miranda rights you cant be prosecuted.

Post by **jbsr20fiend** » Wed Mar 31, 2004 8:02 am

Yeah dude, I don't think they will cut you slack for one second. Usually if you mess up once the judge will tend to be more forgiving, but your second time with bald tires and its raining! Come on, man. You might have a loophole with the miranda thing, but who knows how much that will hold up with or without a lawyer.

Post by **kahoots240** » Wed Mar 31, 2004 8:02 am

If you're a minor they can do whatever they want. Cops today they do not like young drivers. People up her want the driving age go to 18. Minors watch your driving police will look for any reason to pull a person over.

Post by **whiterps13** » Wed Mar 31, 2004 8:02 am

i honestly dont think you can be prosecuted if they do not read you your rights.

Post by **xyster** » Wed Mar 31, 2004 8:02 am

yes, you definitely can be prosecuted. Gabossie is exactly right.

Post by **rookiegtr** » Wed Mar 31, 2004 8:02 am

hire a local lawyer. at the least, the lawyer will be able to reduce ur fines/sentence. also, in my 6 hrs of court time in NJ, one guy was going ballistic cuz he refused to pay the fine cuz he wasnt read the miranda rights when he got arrested, but the judge plainly said something about the miranda rights are reserved for felonies, not minor infractions. i m too lazy to actually check it up or to see what the judge meant but its a thought.

Website · Post by **daniel240** » Wed Mar 31, 2004 8:02 am

haha, that just sounds funny: you were forced to drift through it.

Post by **Anand** » Wed Mar 31, 2004 8:02 am

first of all... you did not "drift" at all... all you did was spin your tires...

and like J-Spec said.. real drifting is the slowest way around the corner...

I'm not going to say anything becaue I don't want to be an A$$ but go face up to your $hit and pay your fines..

just make sure you are not "forced" to "drift" again and yo uwill be str8!

Post by **bcar240** » Wed Mar 31, 2004 8:02 am

I would definatly go with a lawyer. The best-case outcome is probably community service, a lot of it. In most states you can take community service and the ticket will not go on your record (but maybe not for a more serious charge like reckless, and on a second offense.) I know what it is like when the light turns on you. I tried to stop on a yellow in the rain before, I locked my tires and slid into the middle of the intersection (now how is that better then just going through?) Your lawyer could try to plead down to a lesser charge as well, maybe speeding instead of reckless. In the end it will probably come down to the officer's version of events against yours, and you can probably guess who the judge will believe.

Post by **C-Kwik** » Wed Mar 31, 2004 8:02 am

pills wrote:I wouldn't preach to him because more than likely you have done things like that in your past, but you didn't get caught...

If he arrested you, and did not read you your rights then... actually, I don't know... Get a lawyer

I've done stupid things. But there's nothing wrong with sharing our advice from our own experiences.

Post by **C-Kwik** » Wed Mar 31, 2004 8:02 am

gabossie wrote:You can't do anything about not being read your rights unless there is something about being a minor that makes it different. When I got a DUI (not drunk, just under 21) a couple months ago he never read me my rights and I thought it was against the law. What it is, is that they have to read you your rights if they are going to question you after they have arrested you (loophole), so they do all their questioning before they put the cuffs on.

I'm sure we have all watched enough cop shows to have heard the Miranda read many times. Take it at it's literal meaning. The cop has to advise you of what rights you have. You have the right to remain silent, meaning you do not have to answer their questions. You have the right to an attorney, which means you can ask for one and they must allow you to get one. If you can't afford an attorney, one will be appointed to you. Anything you say or do can and will be used against you in a court of law - self-explanatory. If they do not explain this to you, then teh argument could be made later that you did not know your rights and any evidence they obtained from you after they arrsted you may be dismissed. This is not always an open and shut deal though. There are a lot of factors to consider.

Post by **yellow_jacket** » Wed Mar 31, 2004 8:02 am

His problem will be that all the evidence they need was obtained before he was arrested or even pulled over.

Post by **Bubba1** » Wed Mar 31, 2004 8:02 am

Hmmm. Seems like there might be some details missing as most folks just get tickets for reckless/careless driving, not cuffed and tossed in the back of a police car. I'm guessing you were doing something worse than drifting around a corner to invoke that kinda response from the officer. The "forced to drift" line was amusing but silly. Blaming a car's worn tires is not much of an defense with a judge for driving beyond the cars limits. You were successful plea bargaining your last offense. I suggest taking the same approach as last time band but using the experience wakeup call to change your driving habitsAs far as the Miranda stuff, what exactly were you charged with?I believe that would make a difference as to whether Miranda applies or not.

Post by **marshun** » Wed Mar 31, 2004 8:02 am

actually ths sounds like youre simply ****ed.

just behonest with the judge and hope he's a nice guy

Post by **alkemyst** » Wed Mar 31, 2004 8:02 am

if you didn't add anything to the fire after arrested Miranda won't really save you.

I got arrested once pulling into my g/f's apartment I had 4 beers in about 4 hours (had the receipt in my shirt pocket even) and they told me I had a .168 BAC....long story short my g/f at the time knew I was breaking up with her and knew cops...same police department got busted a year later arresting a rich lady for too high a BAC when something like 200 people witnessed her drinking only two wines all night about 2 hours before she left. She was released.

The DUI/DWI stuff is very unconstitutional....however, street racing stuff is also becoming like that. This story sounds like nothing buy being guilty of driving both too fast and with an unsafe (tires) car.

I love driving fast but I am always sure my equipment is in-spec OEM or better than stock quality.

Å

Post by **entity** » Wed Mar 31, 2004 8:02 am

In Florida they can cuff you however they deem neccessary regardless of your age in my experience. You should get a traffic lawyer, I had a friend do some time for reckless, so you may get a bit more than just community service.

Someone said they got arrested for driving stupid in a parking lot...I thought parking lots were private property, thus the cops have no jurisdiction?..

Post by **entity** » Wed Mar 31, 2004 8:02 am

Quote »The DUI/DWI stuff is very unconstitutional....however, street racing stuff is also becoming like that. This story sounds like nothing buy being guilty of driving both too fast and with an unsafe (tires) car.

I love driving fast but I am always sure my equipment is in-spec OEM or better than stock quality.

Å [/quote]

The Air Force is unconstitutional.

Post by **zion** » Wed Mar 31, 2004 8:02 am

C-Kwik wrote:I'm sure we have all watched enough cop shows to have heard the Miranda read many times. Take it at it's literal meaning. The cop has to advise you of what rights you have. You have the right to remain silent, meaning you do not have to answer their questions. You have the right to an attorney, which means you can ask for one and they must allow you to get one. If you can't afford an attorney, one will be appointed to you. Anything you say or do can and will be used against you in a court of law - self-explanatory. If they do not explain this to you, then teh argument could be made later that you did not know your rights and any evidence they obtained from you after they arrsted you may be dismissed. This is not always an open and shut deal though. There are a lot of factors to consider.

The thing is about this case as it sounds now is that the officer did not question him and therefor does not have to marandise him...If he wants to spill his guts before he is arrested than that is his fault. but as soon as the cufs go on he cannot ask you questions reguarding that incident. If he asks you a question after you are arrested than pleading unlawful marandising could be a point. Some departments reserve the questions to a detective and not the patrolman...

Post by **Bubba1** » Wed Mar 31, 2004 8:02 am

entity wrote:In Florida they can cuff you however they deem neccessary regardless of your age in my experience. You should get a traffic lawyer, I had a friend do some time for reckless, so you may get a bit more than just community service.

Yes, but if you pulled right over and were polite, provided your license, registration and insurance then acted respectfully, then it seems to me most cops would let you sit in your own car.I'm not sure that being on probation for a non-violent infraction by itself would prompt an officer to automatically handcuff him. I suspect there's more to the story.

Someone said they got arrested for driving stupid in a parking lot...I thought parking lots were private property, thus the cops have no jurisdiction?..

Sure they have jurisdiction. It's called trespassing.

MAJOR PROBLEM (Legal) Please Help

MAJOR PROBLEM (Legal) Please Help

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