![]() |
![]() |
![]() |
![]() |
![]() ![]() |
![]() |
BMW Garage | BMW Meets | Register | Today's Posts | Search |
![]() |
![]() ![]() |
BMW 3-Series (E90 E92) Forum
>
Need advice for a lawyer
![]() |
![]() |
11-26-2008, 01:22 PM | #1 |
Registered
0
Rep 3
Posts |
Need advice for a lawyer
i was recently pulled over apparently doing 116 in a 60. cop also gave me a ticket for failure to stop with flight, and a stunt racing charge.
there was no racing involved, and i did stop for the police officer. a lot of the paperwork the officer gave me was incorrect, stating incorrect suspensions and impounding times, as well as wrongfully filling out information of my tickets. will a traffic ticket specialist help, or should i get an actual criminal lawyer? any recommendations? |
11-26-2008, 01:50 PM | #3 |
Registered
0
Rep 3
Posts |
I was going over 100 thats for sure, it was a sunday and i was running late for work. no excuses though i know what i did is wrong and i deserve the punishment.
i was never shown the speed on the radar camera. when asked, the officer refused to speak to me regarding the tickets. he told me my license was suspended for 90 days and the car was going to be impounded for 45. he filled everything out on a DUI form with a wrong license plate number. in actual fact, both my license and the vehicle were to be impounded for only 7 days. |
Appreciate
0
|
11-26-2008, 01:55 PM | #4 |
Major General
![]() ![]() ![]() 397
Rep 7,952
Posts |
depends on if you want to beat the charge or just have it dropped.
either way, you're lookin at a very expensive court battle and or fines. i doubt the minor detail (incorrect information on ticket) is going to get you any leniencyfrom the judge. they did impound your car after all
__________________
![]() |
Appreciate
0
|
11-26-2008, 03:38 PM | #5 |
Captain
![]() ![]() ![]() ![]() ![]() 21
Rep 902
Posts |
get urself a good lawyer and fight the charges....its not criminal charges so you don't need a criminal lawyer.....
__________________
91 MR2Turbo....07 335i....
![]() |
Appreciate
0
|
11-26-2008, 03:44 PM | #6 |
Major
![]() ![]() 24
Rep 1,077
Posts |
I agree. Probably should get a lawyer involved on this one..
__________________
March-November - '09 C4S (PDK, Akrapovic)
December-February - '00 323 (only mod - snow tires) |
Appreciate
0
|
11-26-2008, 04:30 PM | #7 |
Brigadier General
![]() ![]() 127
Rep 4,172
Posts |
You can fight it yourself, but the time and effort involved (and the added complication due to more than one charge, etc) will be immense. I'd hire a lawyer, or if you want to save a little money, a paralegal. Tons of guys hire paralegals and it seems to work out well. Not that I speed (what, never!), but if you need some names/numbers I have some.
![]() As ctgazer mentioned incorrect info on the face of the ticket will rarely get a charge dismissed. Call a lawyer/paralegal, let them request disclosure and go from there. |
Appreciate
0
|
11-26-2008, 04:51 PM | #8 |
Registered
0
Rep 3
Posts |
I have been in talks with a traffic ticket specialist, is that what you are referring to as a paralegal? sorry i am not too knowledgeable on the legal system, and this would be my first time going to court for anything in my life.
should i leave this traffic specialist and move onto a real lawyer? if not a criminal lawyer then what kind? i have to get moving on this really quickly, my suspension was up on sunday and i have my vehicle back already. my tickets says Dec17 is the date for me to schedule a court date. Thanks for the help and not the verbal forum bashing. i feel like a complete idiot for what i did. |
Appreciate
0
|
11-26-2008, 05:55 PM | #9 |
Major General
![]() ![]() ![]() 172
Rep 6,804
Posts |
Good luck man.
__________________
MY07 A22 E90 N52Nxi
|
Appreciate
0
|
11-26-2008, 08:33 PM | #11 |
Lieutenant
![]() ![]() ![]() ![]() 24
Rep 498
Posts |
There will be cases of Ontario police applying "stunt driving" charges inappropriately. Don't think it only applies to "racers". It covers everything from tailgating to wheelies. It covers something *you* have done or will do, I assure you.
Section 172 of the highway traffic act presents many opportunities for abuse of process and powers. Last I heard, the conviction rate was ~30%. Which group do you want to be in? Many people may not have read the legislation beyond the newspaper report. Go ahead and read about it for 5 minutes instead of worrying about your boost: http://www.e-laws.gov.on.ca/html/reg...s_070455_e.htm Or consider lines like this (definition of a stunt): "2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning." Now think about it. The police get to JUDGE if you INTENDED to spin a tire. No smoking gun or physical evidence required, thanyouverymuch. At least with radar or blood alcohol measurements there is some impartial proof. Over the next few years more and more people from this forum will get charged under this act. No, I haven't had the pleasure yet. Who buys an e90 and never intends to spin a tire once, even in winter? Before doing anything else, go to forums that specialize in this area (perhaps http://www.ontariohighwaytrafficact.com/) Read this entire site: http://ticketcombat.com/ |
Appreciate
0
|
11-26-2008, 09:27 PM | #12 | |
Brigadier General
![]() ![]() 127
Rep 4,172
Posts |
Quote:
|
|
Appreciate
0
|
11-27-2008, 01:34 PM | #16 |
Captain
![]() ![]() ![]() ![]() 25
Rep 952
Posts |
Man I hope this is for real... either way get yourself a good experienced lawyer. It sounds like your in for a long fight.
__________________
01 540I - M-sport Premium Package ~ 19' HP Evo Staggerrred ~
![]() |
Appreciate
0
|
![]() |
Bookmarks |
|
|