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Old 01-17-2011, 08:39 AM
 
Location: The 12th State
22,974 posts, read 58,581,142 times
Reputation: 14925

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Quote:
Originally Posted by WFW&P View Post
tkreger:
Would you mind answering me question(s) about an accident I was in last week?
Quote:
Originally Posted by tkreger View Post
No, I don't mind answering your questions. I can answer your questions here, or, if you have information you'd rather not post to the public forum, feel free to message me or email me.
Moderator Note:

to keep this thread on topic create a new thread or take it to direct message so this thread is not hijacked. thanks
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Old 01-17-2011, 10:18 AM
 
10 posts, read 51,093 times
Reputation: 28
Quote:
Originally Posted by tkreger View Post
mncoates - I am an attorney, and I practice criminal defense and traffic ticket defense. You seem to be doing everything right up to this point. You know exactly how many insurance points you would receive from these charges, and you know exactly how long your driver's license would be suspended. Many people are only aware that a general increase in their insurance will occur, and don't educate themselves on the specific consequences related to the suspension of their driver's license.

You have an interesting case, from a plea agreement standpoint. On the one hand, having your child in the car really hurts your case, as a District Attorney may judge you on that fact and not give you a favorable plea deal. On the other hand, a lot of District Attorneys will give quite favorable reductions/dismissals to (1) first time offenders and (2) teachers. Adding that you are a single working mom, unfamiliar with the area, etc., your attorney will have some sympathetic information to offer to the District Attorney to work out a plea agreement (nobody wants to take away the driver's license from a single mom working as a teacher (and living on a teacher's salary).

At an absolute minimum, your attorney should be able to negotiate a plea agreement whereby you are able to keep your driver's license. Further, your attorney should typically be able to get one of the charges dismissed in exchange for a guilty plea to a reduced version of the remaining charge (e.g., dismiss the reckless driving, and reduce the speeding charge to 14 mph (or less) over).

Some of the tactics your attorney should be using to get you a favorable outcome is offering the following: (a) community service, (b) attending a driver improvement school, (c) paying a higher fine or (d) agreeing to some alternative that the District Attorney offers. Basically, by arguing your sympathy factors (first traffic citation, single working mom, teacher, unfamiliar with the area) and offering to do community service/driving school/increased fine/etc., your attorney should be able to get you a good outcome to this charge.

Because you are hiring an attorney to handle your charges, you should definitely ask him or her these questions too (your attorney will be reluctant to predict an outcome, but he or she will at least run you through different potential outcomes). Also, your attorney's ability to negotiate a favorable plea is heavily dependent on the customs of the local courthouse (e.g., for some charges the DA's office won't negotiate...it's either plead guilty or have a trial).

Good luck, and let me know if you have any specific questions.

Thanks! I was hoping to get the reckless driving dropped and get the speed reduced, but I won't know until I talk to my attorney, what the DA is usually willing to do. I will definitely ask my attorney these questions. Thanks again for your advice!
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Old 01-18-2011, 07:10 AM
 
Location: High Point
138 posts, read 367,080 times
Reputation: 96
Quote:
Originally Posted by Francois
Sorry, but you're not going to get much sympathy from me for going 85 in a 55, especially with a child in the car.


Quote:
Originally Posted by mncoates View Post
"I know I broke the law, but I did not intentionally speed and much less intentionally go 30 mph over the speed limit with my little angel in the car and I certainly did not intentionally endanger my child, others or myself. I realize that the speed was very dangerous"

If you will learn to read....this is clearly not a "cop out". I admitted guilt and am very sorry. Remember, I asked for advice on what can be done about the legal situation and what I can expect. If all you have to say are your own personal opinions about my "parenting" and morals, then keep it to your self! I love my daughter very much and managed to finsh college giving birth to her while in college and raised her on my own for 2 years while I was in college. I graduated cumlaude (yes, I know it is two words, but it is being viewed as a dirty word here), found a job, a good neighborhood and I did all of this for her because it is what it best for her! Don't you dare accuse me of not caring about my child!!! I made a stupid mistake and did not pay attention to my speed, as if none of you have ever had a 1,000 things on your mind or never made a mistake or had bad judgement! Again, please tell me what it is like to be perfect, and if you can't (bc you aren't....only Jesus was), then SHUT YOUR MOUTH!
A bit defensive aren't we? If you take that attitude into court I wouldn't be surprised if the DA and judge decide not to go easy on you. personally, I hope they throw the book at you, the incident has obviously scared some sense into you. Now maybe you'll pay attention next time, but I doubt it based on your attitude.

I love it when people use religion as an excuse to be jerks.
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Old 01-18-2011, 09:42 AM
 
12,577 posts, read 13,302,282 times
Reputation: 8896
Quote:
Originally Posted by cwolfe8229 View Post
A bit defensive aren't we? If you take that attitude into court I wouldn't be surprised if the DA and judge decide not to go easy on you. personally, I hope they throw the book at you, the incident has obviously scared some sense into you. Now maybe you'll pay attention next time, but I doubt it based on your attitude.

I love it when people use religion as an excuse to be jerks.
Actually, if he hires an attorney s/he will appear in court on his behalf to negotiate charge reductions.
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Old 01-19-2011, 05:30 PM
 
10 posts, read 51,093 times
Reputation: 28
Yep...hired a very good attorney from what I understand......and, if someone is going to accuse me of not caring about my child, then I will defend myself. But, my child and those who matter know I love her and are all there to support me and speak on my behalf and help in any way they can, including my bosses at work...thats nice to know. Clearly shows that people really know the good person I am! By the way, who' s really being the Jerk? Not me!
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Old 01-19-2011, 11:39 PM
 
Location: North Carolina
2,657 posts, read 7,183,357 times
Reputation: 4297
Quote:
Originally Posted by mncoates View Post
By the way, who' s really being the Jerk? Not me!
Oh really? Here, you can borrow this for a second

Aside from the legal and financial consequences of your ill-judged and reckless actions, you have rightly earned the disapprobation of your peers, including those (like myself) who use that same road you decided to drive on like your a.ss was catching. And until you get to be a mod, you have no right to tell anyone to shut their mouth.

Personally, I could care less for your excuses, or that you love your daughter, or whatever whine you use. If I had been on that road at the same time as you; certainly towards other people who were; you were putting lives in danger by your carelessness. And we have the right to state our anger towards that - such is the consequence of being on a public forum. We too have people held in precious value; your excuses would have been cold comfort if you had been the least bit unlucky and affected our lives with your poor behavior. I bet there were people on the road that day who directed some angry gestures toward you when barreled past, you were just not paying attention to see them.

I wish you luck in getting the effects reduced. If this is the first time you've been caught (I doubt it was the first time you were a speeder) hopefully this will teach you to pay more attention. And it's a lesson that you may be able to hire a lawyer to shield you from the worst legal and financial effects of your actions, but you are still going to have to accept that there will be a judgment from your fellow road travelers.
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Old 01-20-2011, 02:00 AM
 
Location: Cloud Cuckoo Land
558 posts, read 724,955 times
Reputation: 214
Quote:
Originally Posted by mncoates View Post
Yep...hired a very good attorney from what I understand......and, if someone is going to accuse me of not caring about my child, then I will defend myself. But, my child and those who matter know I love her and are all there to support me and speak on my behalf and help in any way they can, including my bosses at work...thats nice to know. Clearly shows that people really know the good person I am! By the way, who' s really being the Jerk? Not me!
I bet at least half the people here condemning your behavior are left lane cruisers.
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Old 01-21-2011, 04:37 PM
 
Location: North Carolina
2,657 posts, read 7,183,357 times
Reputation: 4297
Quote:
Originally Posted by GhostInTheShell View Post
I bet at least half the people here condemning your behavior are left lane cruisers.


Ya know, I went back to the OP, just to verify the route she was on

Quote:
I was on business 85
NOT I-85, a road where it is quite common to see people open up, especially through that section of the state, Business 85. Check google maps and note the number of roads that cross or merge; note the sections where U-turns are allowed. If she had been on I-85 and caught speeding, most posters would have grimaced in sympathy. Through Davidson County, I-85 is nothing but a dead stretch - it's easy to speed just going with the flow of traffic. But Business 85 - huh uh. That was just a stupid, careless thing to do.

I can understand trying to get the charges reduced to avoid taking a hit to her limited income, but making excuses is not acceptable, and lashing out at people who put their hands to their head, protesting "jeezus lady, my kids and I are on that road, too, ya know!" is even worse. A simple "I FUBAR'd, can anyone offer advice, I really can't afford to be dinged as hard as the law says I might" would have been understood and sympathy offered.
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Old 01-21-2011, 07:18 PM
 
12,577 posts, read 13,302,282 times
Reputation: 8896
I wonder how many of the holier-than-thou posters here blabber on their cell phones while the kids are in the car?
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Old 01-21-2011, 08:25 PM
 
8,100 posts, read 4,996,952 times
Reputation: 1578
Quote:
Originally Posted by GhostInTheShell View Post
I bet at least half the people here condemning your behavior are left lane cruisers.
lol

Quote:
Originally Posted by WFW&P View Post
I wonder how many of the holier-than-thou posters here blabber on their cell phones while the kids are in the car?
lol x's 2

I was about to say......some real judgmental folks on here....

I'm a transplant... So driving in NC is a huge adjustment for me.. Where I am from you get flipped off for doing anything less than 5 miles over the speed limit.
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