legal problems

[lopros86]

I was heading to savannah this weekend speed limit was 70 and traffic was going 85-90 mph. I was at the same speed - i understood the consequences. However there was a Blazer that tailed my ass for 15-20 miles close on my ass. So i though it was someone who just needed to go faster than me somewhere. I sped up to pass a truck and got over to the slow lane to let him pass but he continued to sit on my ass - I did this about 4 times - then 2 twiggs county cop cars pull me over. I was detained and told me I was speeding 100+ - No f'in way I was going 100+ Ill take 90 but not 30 over thats ridiculous. only reason i increased speed was because the blazer ( off duty investigator was on me like white on rice. Anyways i bailed myself out - I was never read my rights the whole time - even when i was booked. My ticket is my first violation ever. The ticket sez paced by off duty officer and verified by the arresting officer - no mention of radar or laser - any help is appreciated - thanks.

[ShooterMcGavin]

wow that sucks big time. not sure if they need radar or laser if they claim to have paced you. goodluck with it.

[drupason]

get a lawyer

[civic95]

WTF? I never heard of an off duty get someone for speeding. Tell the judge he was tailgating you, and you thougt it was a maniac. You were trying to get away, but he kept following you.

[Wurm]

tell the judge the officers driving was life threating and scared you to speed around a truck to let him by

[babygurl]

yeah get a lawyer, and they dont have to read you your rights unless you are being interrogated

[YokotaS13]

if you are taken into custody they are required to read your your rights no matter what

[lopros86]

yea lawyer is in def order im gonna fight it but i dont know what the outcome could be. Plus someone told me it is illegal for police to follow someone for more than 5 miles. And to clarify I wasnted interrogated however I was booked into jail - i thought no matter what if ur booked u have to know your rights before being jailed.

[The Golden Child]

good luck ..

[babygurl]

yea lawyer is in def order im gonna fight it but i dont know what the outcome could be. Plus someone told me it is illegal for police to follow someone for more than 5 miles. And to clarify I wasnted interrogated however I was booked into jail - i thought no matter what if ur booked u have to know your rights before being jailed.


I have looked it up online before "Miranda Rights" and things I have found stated that if you were interrogated that they had to read you those rights, and if they didnt they would lose the case against you. But since all he did was write you a ticket and arrest you, that isnt being interrogated.....but honestly I would check with a lawyer. I was also told this by a Law Student, and another lawyer, but then again I could have been misinformed, so I would check into it yourself!

[carrascopa]

I have looked it up online before "Miranda Rights" and things I have found stated that if you were interrogated that they had to read you those rights, and if they didnt they would lose the case against you. But since all he did was write you a ticket and arrest you, that isnt being interrogated.....but honestly I would check with a lawyer. I was also told this by a Law Student, and another lawyer, but then again I could have been misinformed, so I would check into it yourself!

no way i dont believe your information to be true! If they cick the cuffs.. they need to read u your rights man! i got arrested in Savannah n they never read me my rights either! I was detained n everything.. they did eventually read me my rights.. minutes before i was reales.. which IMO was too late..

[RandomGuy]

dont admit to 90mph either. They have no material evidence on you. Just get a lawyer and seek advice.. Don't say a single word to them on what happened

[BABY J]

yeah get a lawyer, and they dont have to read you your rights unless you are being interrogated

Anytime they arrest you they have to read you your rights in GA.

[LemonAJAX]

wow.. cops are getting bored.. but yeah.. my thoughts.. it'll never stand up in court.. no radar or laser, and the dude was off-duty.. no way it'll stand up.. dont sweat it.. but you might want a lawyer to be safe.. and since they didnt read you your rights.. thats something else you have on em..

[blacknightteg]

whats up with all the cops now a days not giving a shit about the miranda rights

[BABY J]

They expect people to not know the law... but we do.

[blacknightteg]

we know the law, but shit

[lopros86]

anyone know what are the possible outcomes for me?

[BABY J]

Court costs and probation = worst case. I seriously doubt you'll lose your license or do any jail time, especially w/ your driving record. In fact, OFF DUTY will likely not show up to court.

[lopros86]

the thing is its tiwgg county they only have one judge in that county - Jail isnt even in GA law for this - max a 500 fine plus some other things - anyone know if im correct or not - thats what it says on the gerogia website for traffic violation codes

[Master Shake]

get it thrown out....if they don't read you your rights then it has to been thrown out...its the law. i think you could get them for wrongful arrest or something. i don't know, i know you can get it thrown out though.

[collins]

^^^ not true. actually laura (babygurl) is right. the only time they have to read the rights is when they're going to interrigate you. when i was arrested up in lumpkin, they never read the rights, and it still stood up in court. if its just an arrest for a traffic violation, they're not required to.

[yota_fan]

^^^ not true. actually laura (babygurl) is right. the only time they have to read the rights is when they're going to interrigate you. when i was arrested up in lumpkin, they never read the rights, and it still stood up in court. if its just an arrest for a traffic violation, they're not required to.



Collins is right, the only thing that not reading your rights does in this case is that they cant use what you say against you in court. That doesn't mean anything here because their case against isn't based on what you said, it’s based on what they say they caught you doing, (which is speeding).



And jail time is a possibility. Its 24hrs in jail and/or 12 months probation for going 100mph or more. That’s why they took you in and you had to bail yourself out. You bailed yourself out so you wouldn't have to stay in jail for 24hrs and/or until you had a court date. The bail money is your promise to appear in court, if you’re found guilty you'll have to do 24hrs minus time already served on the day they originally brought you in.



The best advice anyone could give you is to get a lawyer. I think your best shot at getting out of this is that you were paced and they can't say exactly how fast you were going. DENY DENY DENY, THAT YOU WERE GOING 100mph or more



This is your first violation so you may luck out there but take a defensive driving class before your court date and bring in the certificate. That way if they say you were going 1xx then hopefully the judge will lower the speed to at least 99mph and you'll avoid jail time and/or probation.

Bottom line, Deny your ass off that you were going 100mph, take a defensive driving course and most importantly get a lawyer dude!

[lopros86]

they asked me where i was going and who was in the car with my - if i had drugs and if i had anything on me. I was in the squad car - is that considered interrogation? Anyone know good lawyers or any tips. Someone told me theres a law for cops following cars more than 5 miles is illegal - is that correct? thanks for the advice so far - keep it coming.

[ALVIN]

This is the exact reason why I slow down to speed limit if some one is on my ass for a while...makes them pissed off even more. Had a cop ride my ass with no one in sight on ronald reagan and I was doing 10 over and her flashed his headlights, honked his horn, and told me to get over. lol and he passed me. Sucks dude but hopefully you wont lose the license.

[buddha02]

plus if cops pace you, they must calibrate their vehicles like every week, you can point out when is the last time he got his vehicle calibrated, and go find yourself a shop to produce a bill that you calibrated your vehicle recently sometime prolly a month or so before the citation, and tell them you got your odometer calibrated because of a small accident or something, my 2cents...that way, you can say , his vehicle was not accurately pacing you considering he didnt have a radr or laser to prove it! i am currently a law student.

[buddha02]

another thing is that next time, dont speed up to let someone pass, let them past you.

[fight club]

i had a simmular experience in laurens county, got a lawyer, and hopefully will be getting out of some bullshit like that, i can pass on his number if ud like. im not sure if he does twigg county tho.

[Ruiner]

Wow, so much mis-information in this thread. Wow...

So many "I heard" or "Someone told me"... Wow, just wow. Are these people that you "hear" things from practicing lawyers?

Just get a real lawyer to represent you. It won't be cheap and it is hard to beat a "pacing" ticket, but good luck.

[BABY J]

I think "pacing" in your personal vehicle should be easy to beat, versus pacing in a police vehicle. Who says he keeps up w/ regular maintenance in his personal vehicle? Not to mention he can just say he was scared and didn't know who was following him. I think it's easier to beat than you think.

[civic95]

If you'll buy my lights, and give them to the judge he will let you go


http://forums.importatlanta.com/attachment.php?attachmentid=42730&stc=1

[Ruiner]

get it thrown out....if they don't read you your rights then it has to been thrown out...its the law. i think you could get them for wrongful arrest or something. i don't know, i know you can get it thrown out though.

Sure about that?

It's statements like yours above that give people the wrong impression. I'm sorry, but you are wrong.

The Miranda rights do not protect you from being arrested, only from incriminating yourself during questioning. All police need to legally arrest a person is "probable cause" -- an adequate reason based on facts and events to believe the person has committed a crime. Police are required to "Read him his (Miranda) rights," only before interrogating a suspect. While failure to do so may cause any subsequent statements to be thrown out of court, the arrest may still be legal and valid.

:rolleyes:

[Evadethishonda]

whats up with all the cops now a days not giving a shit about the miranda rights because its their word against yours. who do think the judge is goin to believe a kid or a cop. :2cents:

[MongolPup]

Wow, so much mis-information in this thread. Wow...

So many "I heard" or "Someone told me"... Wow, just wow. Are these people that you "hear" things from practicing lawyers?

Just get a real lawyer to represent you. It won't be cheap and it is hard to beat a "pacing" ticket, but good luck.


LOL After the first page I was gonna post..... wait for Ruiner, he'll know. Luckly I read on.

You would have made a good lawyer; you seem like a people person. However I don't blame you for getting away from what you grew up with.

[lightspeed]

if you are taken into custody they are required to read your your rights no matter what
This isnt true. I got arrested once, went to jail, talked to lawyer... They dont have to read rights unless they are questioning you.

[Ruiner]

LOL After the first page I was gonna post..... wait for Ruiner, he'll know. Luckly I read on.

You would have made a good lawyer; you seem like a people person. However I don't blame you for getting away from what you grew up with.

My younger brother took over that honor when he graduated law school last year. However, he is now seeing that "law" isn't all that it is cracked up to be. You have to deal with some of the scum of society that just "want want want" on a daily basis. At least in the corporate business world, I deal mostly with educated, more mature individuals.

[BABY J]

I deal mostly with educated, more mature individuals.

That being IA whoreslounge patrons. LOL

[Ruiner]

This isnt true. I got arrested once, went to jail, talked to lawyer... They dont have to read rights unless they are questioning you.

Repost.... ;)

It's funny how there are so many people in this thread spouting off wrong statements. It blows my mind. No wonder so many people have a twisted view of the law...

[Ruiner]

That being IA whoreslounge patrons. LOL

:lmfao::lmfao::lmfao:

[BABY J]

This lounge is the epitome of law-abiding, up scale, educated, world-class personnel. :)

[R3RUN]

I would definately get a lawyer. Maybe if you win you should try and see if you can pin a following to closely charge or harrassment (sp?) charge on the off duty officer. The following to closely would be hard to prove but I bet you could get the other one. Or file for a restraining order. Thad be funny cause if he pulled you over hed have to call for back up and move back a certain distance away from you. lol. so unrealistic but it would be awesome if it happend.

[lightspeed]

Repost.... ;)
It's funny how there are so many people in this thread spouting off wrong statements. It blows my mind. No wonder so many people have a twisted view of the law...
Not a repost... intended as an affirmation of what was posted previously.

The problem with laws is that there is no easily-accessable way for the general populace to be aware of them. Laws are added and changed constantly, without any organized mass-distribution of them, and people are just obligated to follow them all. Think of all the obscure laws out there that could be used against you if they really wanted to.
When I got arrested, I tried to go to the legal library to read-up on what the specifics of the laws were in my case. Im an intelligent person, but trying to read the legaleze was like trying to read an unfamiliar foreign language in some cases.

[Ruiner]

Not a repost... intended as an affirmation of what was posted previously.

The problem with laws is that there is no easily-accessable way for the general populace to be aware of them. Laws are added and changed constantly, without any organized mass-distribution of them, and people are just obligated to follow them all. Think of all the obscure laws out there that could be used against you if they really wanted to.
When I got arrested, I tried to go to the legal library to read-up on what the specifics of the laws were in my case. Im an intelligent person, but trying to read the legaleze was like trying to read an unfamiliar foreign language in some cases.

Always a good place to start:

http://www.legis.state.ga.us/cgi-bin/gl_codes_detail.pl?code=1-1-1