Attorney advice (again)

1pump · 09-07-2003, 06:12 PM

Anybody know a good lawyer for traffic citations? I received a minor one last week, but it's a moving violation, and due to the timing and a recent change in MVR reporting laws it has to stay off my record. [img]graemlins/1zhelp.gif[/img] I'm fairly sure I could beat it on my own, but I'm willing to pay somebody who knows what they're doing, just to be safe.
If anybody has a lead, please send me an e-mail.
Thanx! :smile:

09-07-2003, 07:05 PM

Wasn't a "failure to use seat belt" ticket was it?
I got one and opted to attend their "Shock and scare you into compliance" sessions in lieu of a moving violation on my record which is very clean.
It worked too! I am no longer lazy about using my seltbelt.

Buckle Up

1pump · 09-07-2003, 07:13 PM

Nope. Got nailed going a little fast on a steep downhill during last week's 72-hour motor carrier crackdown. Normally the speed I was going would just get a warning, but it was "truck enforcement" time and the cops have to do their part. Seems like every time they have a "sweep" I get popped for something.

The cop did a sloppy job of filling out the ticket and I'm wondering if I have a loophole. [img]graemlins/1zhelp.gif[/img]

MasterMariner · 09-08-2003, 10:06 AM

I can tell you that a slopy job filling out a citation is not a loop hole (I tried that one before and it doesn't hold water). Basiclly, if you go to court, the question will be if you had a legal reason to be exceding the posted speed... Might want to try for traffic school or throw yourself on the mercy of the judge....???

fish assassin · 09-08-2003, 10:23 AM

Got a ticket a couple of weeks ago going thru "stiking" city (Lincoln City).
Cop said I was doing 50 in a 30. I SWEAR I wasn't doing less than 55 ...

At any rate, I wrote the judge a note telling him that I was just driving to
the current conditions (no traffic, 5:00 in the morning, dry pavement ...)
and pleaded "no contest". They sent me back a nice little note that said
that I had an option of either 1) paying the entire fine ($109) or 2)
paying half ($55) and going on their "diversion" plan. I have to promise
not to get a ticket for the next six months. Since I haven't had a ticket for
the past 8 or 10 years, I figured I could probably make it that long ... IF I'm
real lucky!! :smile: :smile:

-assAssin-

Killertraylor · 09-08-2003, 10:33 AM

1pump - I'm a lawyer. I'm a former prosecutor and currently a civil defense lawyer - I don't handle traffic matters, but I can probably answer any questions you have and give you a strategy for proceeding. Go ahead and give me a call - no charge

- Joe Traylor 503-222-4499.

1pump · 09-09-2003, 09:04 PM

You da man, KT. I'll give you a call when I get back to town, probably Friday. Thanx!

GutshotApe · 09-10-2003, 03:14 PM

I read this thread last night and thought about it today...and I see nobody else has risen to the bait, so I will.

Nothing personal 1pump, but in your own words:

Quote:

Got nailed going a little fast on a steep downhill during last week's 72-hour motor carrier crackdown. Normally the speed I was going would just get a warning, but it was "truck enforcement" time and the cops have to do their part.

<font size="2" face="verdana,arial,helvetica">As the saying goes..."if you can't pay the fine, don't do the crime"...or something like that.

Quote:

Originally posted by Killertraylor:
1pump - I'm a lawyer....I can probably....give you a strategy for proceeding.

<font size="2" face="verdana,arial,helvetica">KT - I've always wondered how a lawyer could assist or defend someone he knew was guilty. 1pump admitted going too fast...down a hill...(driving his tanker full of gasoline?)... How can anybody argue that he shouldn't be penalized?

Another tanker truck driver lost control of his rig yesterday on a Hwy 38 curve on the lower Umpqua...the 6200 gallon trailer full of gasoline crashed & burned. I wonder why he lost control? :whazzup:

1pump · 09-10-2003, 09:26 PM

GSA,

I should have phrased it differently, but I'm not big on words like "alleged".

I honestly don't know how fast I was going, 'cuz when I saw the cop sitting there on his bike I didn't even glance at the speedo. I never speed on that stretch of I5, and I wasn't even gaining on the guy in front of me. I was rather surprised to see him pull out and chase me.
I've "re-enacted" the crime 4 times since, going down the hill in the exact same fashion, and the best I can do is 5 mph less than he cited me for. It's not much of a defense, but there was no intent, unlike the last ticket I got (in my car) where I was deliberately speeding.

I'm surprised it's taken this long for somebody to come forth with a scolding. And BTW, it wasn't gasoline.

[ 09-10-2003, 10:39 PM: Message edited by: 1pump ]

Killertraylor · 09-11-2003, 05:00 PM

GSA - nice way to delete words and make it sound like I said something I didn't. Why don't you go find Brian Lutz and pick an argument with him because I don't have time.

GutshotApe · 09-11-2003, 05:29 PM

KT - Those dots...in your "quote" indicate deletions and I don't think I changed the gist of your original statement at all.

1pump originally admitted to being pinched for going too fast and you offered to assist him reduce or beat the ticket. I asked how this can be justified. I'm not picking on you especially KT...I've always wondered how lawyers can defend people they know are guilty.

Who is BrionLutz?

Killertraylor · 09-11-2003, 06:07 PM

GSA - there you go again! I think you are totally misinterpreting what I said. FYI - my "strategy" in speeding tickets is to plead not guilty and if the cop doesn't show, you walk. If he does show up and you're guilty, then change your plea and fess up to what you did wrong. Never did I say "reduce" or "beat the ticket". Please don't add words to what I said. I would never counsel someone to lie or do anything unethical - I don't appreciate you insinuating that I would.

Criminal defense lawyers who I know don't try and get clients off who they know are guilty - it's an ethical violation and you can be disbarred for it - not worth losing their profession over some dirtbag. If you are really interested in knowing how criminal defense lawyers handle this issue, shoot me a private email and I'll be happy to discuss it with you.

As I stated earlier, I don't do any criminal work, but because I used to be a prosecutor, I can share some information about scrivenor's errors, etc. with 1-pump. I'd have offered to do the same for you if you were in a bind.

fishnxtc · 09-11-2003, 06:12 PM

Thanks for sharing

Nice fish [img]graemlins/applause.gif[/img]

Killertraylor · 09-11-2003, 06:14 PM

Boatdog · 09-11-2003, 07:39 PM

fishnxtc...ROTFLMAO...

GutshotApe · 09-11-2003, 07:41 PM

Quote:

Originally posted by Killertraylor:
GSA - there you go again! I think you are totally misinterpreting what I said. FYI - my "strategy" in speeding tickets is to plead not guilty and if the cop doesn't show, you walk. If he does show up and you're guilty, then change your plea and fess up to what you did wrong. Never did I say "reduce" or "beat the ticket". Please don't add words to what I said. I would never counsel someone to lie or do anything unethical - I don't appreciate you insinuating that I would.

<font size="2" face="verdana,arial,helvetica">I didn't insinuate you would counsel anyone to lie. But 1pump admitted going too fast...said he could beat the ticket on his own but asked for professional help...and you offered to provide a strategy. If not a strategy to reduce or beat the ticket, what would one rationally assume you meant?

Lawyers may think beating a deserved speeding ticket by pleading "not guilty" in hopes the cop can't/won't show is 100% ethical and honest...but I don't. If you did the deed just pay the fine and, dare I suggest, slow down.

Sorry 1pump and KT...nothing personal intended at all...but I drew the response I feared.
Ambrose Bierce's Devil's Dictionary has the following entry:

FRIENDLESS, adj. Having no favors to bestow. Destitute of fortune. Addicted to utterance of truth and common sense.

[ 09-11-2003, 08:42 PM: Message edited by: GutshotApe ]

Killertraylor · 09-12-2003, 08:01 AM

If you practice what you preach, GSA - then good for you - I admire anyone who accepts responsibility for any wrongdoing in their life. That being said, I know a lot of folks who don't have a problem with getting a ticket dismissed if the cop won't show up to testify. I don't necessarily think it's "ethical" or "morally correct" to plead not guilty and hope the cop won't show, but I do it anyway. Then again, I'm not "addicted to utterance of truth and common sense" like you are :grin: .

And forgive me for being so offended - but when people say things like "I can't understand how lawyers can represent people they know are guilty" it tells me that they really don't understand the incredible ethical obligations of the profession and they usually have a lot of anti-lawyer sentiment in their blood. Even though I'd never handle a criminal defense case, it still bothers me when people don't understand how prosecutors always over-charge people which requires them to seek the assistance of a lawyer just to get the superfluous charges dismissed.

Off my soapbox - have a great day, GSA.