Page 3 of 11 FirstFirst 1 2 3 4 5 ... LastLast
Results 21 to 30 of 101
  1. #21
    Join Date
    Oct 2014
    Posts
    23

    Default Re: Charged with Nothing but a Witness

    I'm almost positive that the one witness that did pull over after the officer did, lost sight of us. The prosecutor told me that more than likely the lawyers will meet before trial and try and settle again; I just don't see how I should have to be charged with something I didn't do just for possibly having thoughts that I may be charged to a greater extent if I take the chance of winning. Our legal system is terrible.

  2. #22
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Charged with Nothing but a Witness

    Quote Quoting Matt.Wolk
    View Post
    One afternoon I was traveling down the highway with 5 other motorcyclists and was pulled over. We were all accused of reckless driving.
    Millions of people drive down the road every day without five individuals separately calling 911 and reporting their reckless driving conduct. The police report likely sheds some light on what it was about your driving conduct that resulted in you and your friends facing criminal charges, but odds are you can remember some of the factors that might have influenced other motorists to call 911.
    Quote Quoting Matt.Wolk
    Went to pre-trial conference today and they offered a plea bargain of careless driving which I did not accept!
    You're charged with a criminal offense. You were offered a plea bargain to a civil infraction -- a non-criminal offense -- albeit one that carries three points. The offer suggests that the prosecutor would prefer to wrap up your case without going to trial. When you consult your lawyer you should discuss whether the prosecutor might offer a better deal, and whether the deal is likely to remain on the table if the prosecutor has to subpoena five civilians and the investigating officers to court for a trial.
    Quote Quoting Matt.Wolk
    View Post
    The thing is I'm a 22 year old college student with absence of money. Wouldn't the witnesses have to identify me? ( helmet color, shirt, bike color/brand, license plate etc..)
    Was there another group of five motorcyclists in your vicinity that day, such that the witnesses may have been confused? You have told us that one witness was present when the police responded and pulled you over, so at least with one of the witnesses the identification of you as part of this group would be pretty easy. You likely also made some statements to the officer that will help establish that you're one of the motorcyclists whose driving conduct attracted so much attention. Again, you need to review the police report.
    Quote Quoting Matt.Wolk
    View Post
    Could the prosecutor be bluffing about five witnesses.
    Review the police report. Also, if the case proceeds toward trial, you'll likely get a witness list.
    Quote Quoting Disagreeable
    View Post
    True matter of point jk, the issue being testimony of one persons interpretation carries little weight, when a good lawyer keeps asking them a variety of questions they have answered I don't remember to.
    Sorry, but when you have five witnesses who tell basically the same story and have no reason to lie, getting them to admit that they don't remember certain details carries next to no weight with the jury. Jurors are people too.
    Quote Quoting Matt.Wolk
    View Post
    I just don't see how I should have to be charged with something I didn't do just for possibly having thoughts that I may be charged to a greater extent if I take the chance of winning.
    We weren't there. Something happened on the road that caused five different people to call 911 about you and your traveling companions. You may not think that your driving conduct was a problem, but many other people did -- and as we weren't there and you haven't told us what the problem might have been, we're not in a position to comment on whether or not the driving conduct could support the charge.

    You say traffic was backed up. It could be, for example, that you and your friends decided to cut in and out of traffic while periodically zipping down the shoulder to pass other vehicles.

  3. #23
    Join Date
    Nov 2013
    Posts
    6,213

    Default Re: Charged with Nothing but a Witness

    Quote Quoting Mr. Knowitall
    View Post
    We weren't there. Something happened on the road that caused five different people to call 911 about you and your traveling companions. You may not think that your driving conduct was a problem, but many other people did -- and as we weren't there and you haven't told us what the problem might have been, we're not in a position to comment on whether or not the driving conduct could support the charge.

    You say traffic was backed up. It could be, for example, that you and your friends decided to cut in and out of traffic while periodically zipping down the shoulder to pass other vehicles.
    That Mr. K is right on the money. OP is fried.

    And it's time for law enforcement go after these crotch- rocket jockeys that think they can flaunt the law and place everyone else on the road at risk. I have no sympathy for the OP if that is what he and his friends did. It places all responsible motorcycle rider in a bad light with the public. I being one of them.

  4. #24
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Charged with Nothing but a Witness

    I would wait to see if those 5 witnesses materialize. I was once threatened similarly about there being a witness against me. When I showed up for trial, it turns out the "witness" was in the other car and neither the driver or "witness" showed up for court. Kind of like being called into the office with all the case files full of empty paper with the suspects name on them laying around.


    Quote Quoting budwad
    View Post
    That Mr. K is right on the money. OP is fried.

    And it's time for law enforcement go after these crotch- rocket jockeys that think they can flaunt the law and place everyone else on the road at risk.

  5. #25
    Join Date
    Oct 2014
    Posts
    23

    Default Re: Charged with Nothing but a Witness

    Thank you Mr. K you have put a few things into perspective. I will get the police report and go from there. And budwad I believe you are being quite stereotypical as the group I was riding with were on bobbers and Harley's. I myself own a sports bike also but was not on it at the current time. I like how you make such quick assumptions though ��

  6. #26
    Join Date
    Nov 2013
    Posts
    6,213

    Default Re: Charged with Nothing but a Witness

    Quote Quoting Matt.Wolk
    View Post
    Thank you Mr. K you have put a few things into perspective. I will get the police report and go from there. And budwad I believe you are being quite stereotypical as the group I was riding with were on bobbers and Harley's. I myself own a sports bike also but was not on it at the current time. I like how you make such quick assumptions though ��
    I will tell you how I make such a quick assumption, or maybe not so quick. If it is true that you were not crouch-rocket jockeys and just weekend warriors on your bobbers and Harleys then you tell me how in twenty miles, 5 motorist saw fit to call 911 and report your activities most likely with your plat numbers? Not so easy to pop a wheelie in stop and go traffic on a bobber or Harley because of boredom or showing off. And Harleys are not so easy to drive between lanes. I know, I ride a Harley.

    It makes no sense at all if you were obeying the law and just moving with traffic that this would happen and 6 cyclists would all be charged with reckless driving . You were stuck in traffic for 20 miles. I know how that can be, stop and go with the heat of an air cooled engine frying your you know what, and your left hand being to crap up. Someone in the group decides he has had enough and starts to drive between lanes or on the shoulder and everyone starts to follow. After all, you don't want to be the wimp in the group.

    So that is why I assumed that you were on spot bikes.

    But I have to say that it was very, and I mean very short sighted to refuse the plea barge down to careless as has been pointed out before.

    And what of your other 5 cohorts? What did they do and might they also be called as witnesses? They can be subpoenaed you know.

  7. #27
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    23,896

    Default Re: Charged with Nothing but a Witness

    The percentage of people who will call to report a dangerous driver, as opposed to the percentage of people who will swear, shake their fist, and then maybe post a gripe on Facebook, is fairly low.

    That not one, not two, not three, not four, but FIVE people called to report you says there was SOMETHING drawing attention.

  8. #28
    Join Date
    Jan 2006
    Posts
    38,532

    Default Re: Charged with Nothing but a Witness

    I think the op a fool to not accept the deal and walk away. Op has to realize the police did not charge him; the prosecutor did. That means the prosecutor reviewed the police report and may have interviewed witnesses before deciding to file criminal charges against the op and friends. that means there has been much more effort already invested into this issue by the state than just having a cop write a ticket.


    So lets see;

    op is charged with a misdemeanor crime. If he loses he faces possible (although unlikely) jail time and fines. He will incur $1000 in court costs and fees plus whatever for a fine plus $1000-$4000 for a criminal defense attorney.

    If if he fights it and wins he still has the cost of his attorney and one hell of a lot of anxiety and trouble.


    He was offered a deal to accept an infraction. No attorney fees. Reduced court costs. No possible jail.


    One one thing op did admit though; he can afford an attorney. He owns a Harley and a sport bike. He can sell one if needed to raise cash and that is likely what a judge will tell him if he applies for a PD.

  9. #29
    Join Date
    Oct 2014
    Posts
    23

    Default Re: Charged with Nothing but a Witness

    I think overall I was just so pissed that I was accused of doing such a thing. We were minding our own business and there were a ton of bikes on the road this day in July. When I spoke to the prosecutor I was nice, she said more than like we will talk again before trial and try to settle this. This makes me have no respect for the law or our court system; following nothing more than statutory laws other the putting our constitution first. All they want is our money; plain and simple.

  10. #30
    Join Date
    Jan 2006
    Posts
    38,532

    Default Re: Charged with Nothing but a Witness

    Regardless of all of your protests apparently multiple witnesses and the prosecutor believe you have done something to warrant action by the state. The state doesn't always get it right but the multiple witnesses have nothing vested in your prosecution. That strongly suggests there is some validity to the underlying complaint.

    Maybe you should lighten up on the condemnation of the state's actions and consider a bit of self examination to figure out what those 5 witnesses saw that concerned them so much that not only did they report your actions to the police but identify themselves which puts them in the position of having to spend their time in court as witnesses in your trial.

    1. Sponsored Links
       

Page 3 of 11 FirstFirst 1 2 3 4 5 ... LastLast

Similar Threads

  1. Reckless Driving: Issued a Reckless Driving Ticket Based on False Accusation by Another Driver
    By jellykitty4 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 4
    Last Post: 08-01-2012, 04:19 PM
  2. Reckless Driving: Minor Charged with Reckless Driving
    By o1333 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 03-17-2010, 08:13 AM
  3. Reckless Driving: Arizona Cited For Reckless Driving But No Police Witness
    By deserted in forum Moving Violations, Parking and Traffic Tickets
    Replies: 5
    Last Post: 03-27-2008, 08:24 AM
  4. Reckless Driving: Reckless Driving Charges Against a Driver Who Was Seriously Injured in an Accident
    By Oregon user in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-13-2007, 10:24 AM
  5. Reckless Driving: Accused of Reckless Driving Based on Phone Tips in Oregon
    By beaverton_007 in forum Moving Violations, Parking and Traffic Tickets
    Replies: 8
    Last Post: 07-26-2006, 11:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources