[capt1014]

Ok so here it is, I got some asshole on my tail iin morning traffic, falling back and coming up on me and getting close REAL close. So I figure Fuck this and look for an out.

Well there is space for me to move, not the most ideal spot but better than where I am, so I go for it.

Excelerating hard and moving from lane to lane. Picking my spots and checking my mirrors and using my signals as I go, not extremely fast but maybe over 90. (Average commuter speed is 80)

So I get bagged! ugh!

Driving to endanger (criminal)
Marked lanes voilation (civil)

The cop marked the ticket as 90+ in a 60, and it is posted 65, NBD.

The question is if I go to court and admit to driving aggressively and that I felt I had to do so for my saftey because of the asshole behind me, you think I can get a lesser fine and or punishment from the court?

Please no BS answers!

[Jenn B]

You could probably tell them any story you want but chances are you will get a reduced fine since you have to go to court for the criminal offense.

[Brian_C6]

Sign the ticket and send it back asap!!! Ask for a magistrate meeting... should be on the back of the ticket. DO NOT WAIT FOR THE COURT DATE. If you settle this before the court date is assigned, you have the oppurtunity to wipe the whole thing from your record. Actually, if the magistrate see's in your favor, NOTHING will be on your record... it won't even have time to pass through the RMV. If you wait for the court date, the citation must pass through the RMV, in which case your record will be blemished no matter the outcome.

I would schedule a meeting with a magistrate and come up with some story. Keep in mind, the officer who pulled you over will be there. If they find you at fault, and lessen the charge, the upside STILL is maybe a less harsh blemish on your record. I don't know about you, but I would rather a "speeding" citation than a "driving to endanger" blemish. Even if they lowered the penalty in court to a "speeding", the "driving to endanger" charge will be there.

I would do whatever you can do to get that criminal charge off your record... even if it costs you more in the long run.

Good Luck,
Brian

[chr|s sedition]

I had the *exact* same thing happen to me on Western Ave in Cambridge, MA back in March. However, I only got nailed for going 40 in a 25, and was only cited for a civil infraction.

I appealed it. The court date was last Thursday, July 20th. I made the exact same argument; I concede that I was speeding, but circumstance renders the offense justified and excusible for the purpose of my own saftey.

The Magistrate said: If you were that concerned for your saftey then should have pulled over to the side of the road and let the idiot pass you. As a result of your actions we had two crazy drivers instead of one. I find you responsible.

As much as I hate to say it, the Magistrate was 100% correct.

-sedition

[Jenn B]

Exactly.

[capt1014]

I agree and admit that I was driving in such a fashion, no doubt about it, I am concerned about the criminal offense, I want a lesser charge and or fine or probation, the best thing I am aiming for is a "continuance without finding".

On 495N there was morning traffic and there was no good place to pull over and when I switched lanes the same guy got behind me.

[richw]

I would kick it up a notch and say the guy did try to hit you
and actually swerved to hit you so getting ahead rather then stopping in a dangerous place was your only option.

But considering they just want your money watch his eyes roll up in his head, think of toast and jam until he sees your mouth stop moving. Guilty

[NinjaSwan]

ahh dude.. that sux bro. Sorry to hear you got nabbed. I wish you the best on your fight with our corrupted government.

[pablo]

driving to endanger is a criminal offense, its handled differnt then a speeding fine. speeding is a civil infraction. DTE is a criminal offenses. There are two variations of DTE. Driving recklessly or Driving negligently so that the lives and safety of the public might be endangered. The burden of proof is much higher on operating recklessly. Driving negligently is far easier to prove.the penalty is the same for each. Negligent operation is defined as the following: a negligent driver fails to operate his vehicle in the way a reasonable person would. This happens by eithie doing something that a reasonable person would not do,or by failing to do something that a reasonable person would do in the same situation. A motorist is negligent if he drives unreasonably by creating an unnecessary danger to other people.
From what yoe described happening it sounds like both of you could be convicted of operating negligently as to endanger. Good luck with your case Hope it works out for you.

[Brian_C6]

something tells me pablo is a cop?

[NinjaSwan]

Originally posted by Brian_C6
something tells me pablo is a cop?

¿Pablo, ser usted uno poli?

[chr|s sedition]

Originally posted by Brian_C6
something tells me pablo is a cop?

My bet is a lawyer. Cops usually dont know the law all that well

[NinjaSwan]

Originally posted by chr|s sedition
My bet is a lawyer. Cops usually dont know the law all that well

or he could be just a really smart guy and knows his way around "The Streets"

[capt1014]

Or he got schooled by "THE MAN" cause he got busted for the same thing?

[Cam_In_IL]

Originally posted by chr|s sedition
The Magistrate said: If you were that concerned for your saftey then should have pulled over to the side of the road and let the idiot pass you. As a result of your actions we had two crazy drivers instead of one. I find you responsible.

As much as I hate to say it, the Magistrate was 100% correct.

-sedition

Wow. Never saw that coming.

[ssg]

state or town?

what area of 495?

[NinjaSwan]

Originally posted by somestrangeguy
state or town?

what area of 495?

Male or Female? aka Chip or Butch.

[capt1014]

Originally posted by somestrangeguy
state or town?

what area of 495?

495N in chelmsford,

He got me at the entrance to RT3 south