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Legal Advice


wayfast73

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November 1st I was in a parking lot in 2nd gear with no gas just the clutch out crawling (4.11 gears 265/75/16 tires), and around a bad turn to go to the back of a building a lady was behind a snowbank. I braked hard but still tapped her and she went down. I called 911, the cops showed up measured my bumper height, took a report ect. I was told I was free to go and did not get any tickets or warnings. Today, I get a call at work that there is a warrent for my arrest so after work I head to the station the cuff me and "arrest me" but never read me my rights. After booking me they said they were giving me violations of bumper height 5" taller than the law. My truck does not have the plastic vallence it was ripped off so when I asked the officer where the height is measured he told me he wasnt sure. Also I was given neglegent driving and no inspection. At the scene I told them I just did a motor swap and the Evap system was not ready so the state law is 60 days from when it fails. I was within that 60 days. I was given a court date, my question is are they allowed to put a warrent out to just serve me a court date and can they cite me 2 weeks after? They told me I wasnt ticketed then because they did not witness it but I should have gotten a ticket for bumper height or inspection at the time? I am in NH.
 


adsm08

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I think it's going to vary a lot by state, but I would think that's a hard sell to issue a ticket two weeks after the fact.
 

wayfast73

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And it wasnt even a ticket it was just a court date for those violations. I got tboned a year ago and the driver was cited on scene for failure to yield.
 

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Consult a lawyer. You can get a referral from the local bar association. When you call ask how much it will cost for a consultation. If you don't have the financial resources contact the legal aid society. What would probably be the best thing to do is contact the prosecutor and ask him exactly what the charges are and how you can be charged 2 weeks after the fact. Feel him out but don't trust him for shut. If he drops all the charges your golden if not then you can decide if you need a lawyer.
 

Gotta_gofast

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Your best bet is to talk to a lawyer fluent in this subject. All of us can give you what "we think" but what "we think" doesn't mean a thing to the judge.
 

press 1 for english

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As far as hitting the women, you should have received a careless driving citation. Now the equipment and emissions violations you should have gotten fix it citations that are dropped once the problems are corrected.
I don't believe for a minute there was an arrest warrant involved.
 

Explorin94

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If was a private parking lot then the Police have no jurisdiction there unless there was actual great bodily harm or the owner wanted to press charges. At that time the charges would have come from the owner and not the Police. Now if the woman followed up at the local hospital and was treated for injuries related to you "tapping" her, then either her or her insurance company have filed them against you. To which you are at fault. At which time a bench warrant was put out for you. I am going to stop there but it sounds like to need to take what comes your way with the courts and move on.
 

wayfast73

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I knew I would need a lawyer I just wasnt sure if there was any one here that has been in a similar situation. She was concious the whole time and I didnt leave any skid marks, so I was not going fast.
 

straycat

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Now she can get a lawyer and you are screwed with another issue. The idiot driver that killed his young female passenger near the entrance to our property last year was just now charged right at a year later. It took that long to get him arrested. He was going 90 mph in a 30 mph zone and killed the 19 year old girl. It took a year to arrest him?? We just still can't believe that it took that long.
 

bilzy7

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My advice, next time hit the gas and feed her to your friends Rottweiler. Less problems. Nothing like having to be "retrained" on driving by taking an 8-12 hr sun-sat class because you have too many citations.
 

bilzy7

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Btw, I hate old people. I got hit by a car on my bike. I was like 12. Told the guy to **** off and a couple tears later I was fine. Old people cry for years...
 

straycat

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Btw, I hate old people. I got hit by a car on my bike. I was like 12. Told the guy to **** off and a couple tears later I was fine. Old people cry for years...
A lot of old people I know carry weapons and they are great shots...don't mess with the ones I know......lol
 

AllanD

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They cuff you because they are too ****ing lazy to send you a
registered letter?

Do you still live at the same adress?

cuffing is NOT necissary to serve you some paperwork

Some guys just "Get off" embarrassing and humiliating people.

Those guys don't belong in uniform.

Personally I don't believe guys like that deserve to breath air,
but that's an entirely different discussion.

AD
 

wayfast73

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Yup all it was is a court date I figured they could have just served me. I have zero driving offences and my criminal record is clean. Ive never even gotten a written warning before, Ive only been driving 7 years but I think thats pretty good for a young guy. I was not flying or driving hard either it is a bad corner I have almost been hit head on by cars so I crawl around it. She had 2 kids with her, but she just froze like a statue instead of moving. If I heard a water pump screaming and heading in my directions I would not choose to walk out behind a snowbank. Between the turn being bad and the snowbank it was just a wrong place at the wrong time situation.
 

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