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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Failure To Maintain Lane

    My question involves a traffic ticket from the state of: New Jersey

    My friends and i were driving on the turnpike at night when we pulled into one of the service stations of to the side, we had just finished smoking a joint when as we were pulling in we drove by two police officers getting out of their cruiser. Of course they smelled it because all of the windows of my car were open.
    As we were pulling out of the station, back onto the turnpike, we traveled a bit and figured that they would be right on our tail but it was at night so i couldnt tell for sure but i still maintianed a speed of 65 and drove very carefully just in case, a few minutes later we saw in the rear view mirror those fabulous red and blue flashing lights.
    The cop stepped up to the window and asked me, (the driver) to step out. as he searched me and my friends, he told me that he smelled marajana and would be searching the car. As they searched they found three small joints, three empty beer cans and a few full beers. I had not been smoking or drinking but one of my friends confessed to the weed and was arrested and taken to the station as we followed so they could get the rest of our info.
    Between the time i got pulled over and the time we got to the station the cop still had not told me what i was pulled over for.
    After they charged my friend they gave me two tickets, one for an open alcohol container and the other for failure to maintain lane (he said i crossed the fog line). I was driving in the far right lane but knowing there were police behind me or near, there is no way i would have done this. It was clear to me that this a B/S ticket just so he could pull me over and search.
    In a legal oppinion, should i plea guilty or is there no way i could get away with this. And if i was proven innocint would the open container ticket be thrown out because if it was proven that i had not crossed the "fog line" then he would have had no right to pull me over and search the car.
    I'll take any info or help i can get. thank you.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Failure To Maintain Lane

    If the police vehicle was recording video, have your lawyer try to get a copy.

  3. #3
    Join Date
    May 2008
    Posts
    2

    Default Re: Failure To Maintain Lane

    it was state police, but dont they have to tell you if they're recording you when they pull you over?

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