My question involves a careless driving ticket from the State of: MS. I was driving down an interstate on the south edge of Jackson when I noticed a cruiser coming up behind me. As I was watching the road and watching him, he was coming up on me fast. I checked my speed and I was doing fine, 65 was the limit, that's what I was doing. Driving at 65 the cruiser pulled up behind me so close that I could know longer see his head lights in my rearview. He tailgated me for at least a half mile. Keep in mind, this was happening at about 1am. He turned on his light and over we went. He vigorously searched my car from top to bottom and bumper to bumper, even opening my hood.
I received two tickets. One for not having my license on me and the other was careless driving. He stated that I had went over the dotted line. We were on a six lane. I was in the middle lane. The ticket for not having my license on me was dismissed after faxing a copy of my license.
Now for the problem. I received the tickets in the middle of Dec. 2009. My court date was set for Aug. 2010. As I was attempting to tell my story to the clerk, of the officers actions that night, she said that I would have to hire a lawyer and make my case. I hired what I thought was lawyer in MS. Now's a good time to tell you, I live in AR. and did so at the time of the tickets. The person I hired to represent me got things moved to Feb. 23, 2011. By the time of trail I just wanted to get the ticket dismissed and walk out. I traveled 450 miles and walked into a packed court room. Thy had just stared to see people. The first person was called up, went thought the motions and was dismissed. I was called next but was told that I didn't need to come to the bench. The prosecutor stated, I just wanted to make sure you were here, you can sit down now.
At that time my lawyer appeared out from behind her and asked me to step out to talk. He told me, I've been trying to reach you. He was trying to use a number that I had had three mouths pier. We had talked a few time between then. I think he was just trying to anger me. I asked if the officer was there. He told me he didn't know. I told him that I had to go out and move my car. He said go ahead, thy know your here. Ten minutes later I walked back in and set down. My lawyer was back in the prosecutors area and never attempted to continue and further conversation. Now's a good time to tell you during our last two telephone conversations, my lawyer made a point to tell me that if the officer didn't show, the judge would dismiss the ticket.
Within minutes I was summoned back to the bench. This time my lawyer stood up and motioned me forward. As we all came together the prosecutor presented the judge with a copy of the ticket stating she had a medical leave for the officer and she was asking for a continuance. My so called lawyer pointed out that I came from AR and ask for it to be considered. The judge granted the continuance, July 25, 2011.We stepped aside.
I asked my sidekick for a copy of the medical leave by the officer. He handed me a copy of the ticket that I had received that Dec. night. It now had in the explanation line: DRIVING OFF ROAD, with a bunch of scribblings at the bottom of the ticket. He pointed to one of the dates on the ticket, as there were 6 that I could make out. The one he pointed to was that days date, the date of trail, 2/23/11. He said that was the medical leave, I instantly ask for a motion of discover or responce to motion. He told me that all I would get was another copy of this ticket and that there was nothing he could do because the judge accepted it. Notable mention, as I was expressing my opinion of his performance he stated, Quote: What do what me to do, tell the judge the prosecutor lied. I'm sure it was, that is exactly what happened and he knew it. That was pretty much the end of our, if you want to call it, relationship.
My question, Do I file a motion to dismiss? file a Response to motion? File for discover? File a statement of the officers actions for tailgating me at highway speeds and take my statement to the bench. I know, his word against mine (aint scared). Or write the judge a letter telling the judge what a hardship it would be for me to make yet another trip to the fine state of MS. and ask for the ticket to be dropped?
Open to any opionins, ideas or suggestions.