As some of you may remember, I got a reckless driving ticket a few months ago near the San Jose Airport for taking a turn too fast (35 in a 25 by my speedometer, but obviously the cop had a different story). In case you don't remember, here's the quick summary:
I took a turn just outside the airport a little fast in the BMW (about 35 in a 25), but I downshifted just before the turn so the exhaust got pretty loud. A half mile later, I see an SJPD cruiser with his lights and sirens blaring so I pull over. Cop asks me why he pulled me over, I say I dunno, then he goes back to his car. 45 minutes later, he comes back out and says that he saw me spin my tires, peel out, almost hit a few pedestrians, and almost hit a few cars. Then he hands me a ticket for reckless driving, a 2 point misdemeanor (meaning it's a criminal offense). Absolutely none of that happened, and in fact, the exact opposite of what he said was true: I did NOT spin any tires, there were no pedestrians because it was a construction zone and there were no sidewalks, and there was zero traffic on the road. He hands me the ticket and tells me to sign it.
So I had to hire an attorney because I don't want to represent myself in a criminal court (traffic court is a different story). The cheapest attorney that seemed reputable was $2,000, so I blew a damn good chunk of my savings right there. Three months later (meaning right now), there was a pre-trial hearing in the county court, which is when my attorney and the DA talk and try to cut a deal. My attorney says that I'm a good student with a clean driving record and that I admit to speeding, but not reckless driving. Then the DA replies by saying, "Yeah, I know he has a clean record, but I want to go after him anyway." Son of a bitch! That is so typical of this county; they want to make an example of every case and lock people away for life. So now we're going to trial and my date is set of 1/26/04. If I'm found guilty, then it's up to the judge to sentence me, and knowing them, I'm probably going to get the maximum penalty of 90 days in jail/$1,000 fine because I fit the description of a stereotypical Asian street racer, who as well all know are guilty for over 10 million deaths per year and deserved to be locked away for life.
I can't tell you how frustrating it is to live in this county. It's fucking bullshit that I have to waste over 2 grand on something that I didn't even do; yes, I'm guilty of speeding, but at worst that is a $300 fine and 1 point on my record. Now if I'm convicted I may have to spend time in jail, then deal with my insurance tripling or quadrupling for the next 6 years. I have little faith in the judicial system here after what happened last time in court with my old employer. According to my attorney my chances of getting off the hook are best with a relatively young all-Asian jury, but that's probably not going to happen. I don't have very high hopes for this trial at all.
Anyway, the only 2 people going to take the witness stand is me and the cop. Does anyone have any tips on things to say/not to say, etc? Thanks.
Fred
I took a turn just outside the airport a little fast in the BMW (about 35 in a 25), but I downshifted just before the turn so the exhaust got pretty loud. A half mile later, I see an SJPD cruiser with his lights and sirens blaring so I pull over. Cop asks me why he pulled me over, I say I dunno, then he goes back to his car. 45 minutes later, he comes back out and says that he saw me spin my tires, peel out, almost hit a few pedestrians, and almost hit a few cars. Then he hands me a ticket for reckless driving, a 2 point misdemeanor (meaning it's a criminal offense). Absolutely none of that happened, and in fact, the exact opposite of what he said was true: I did NOT spin any tires, there were no pedestrians because it was a construction zone and there were no sidewalks, and there was zero traffic on the road. He hands me the ticket and tells me to sign it.
So I had to hire an attorney because I don't want to represent myself in a criminal court (traffic court is a different story). The cheapest attorney that seemed reputable was $2,000, so I blew a damn good chunk of my savings right there. Three months later (meaning right now), there was a pre-trial hearing in the county court, which is when my attorney and the DA talk and try to cut a deal. My attorney says that I'm a good student with a clean driving record and that I admit to speeding, but not reckless driving. Then the DA replies by saying, "Yeah, I know he has a clean record, but I want to go after him anyway." Son of a bitch! That is so typical of this county; they want to make an example of every case and lock people away for life. So now we're going to trial and my date is set of 1/26/04. If I'm found guilty, then it's up to the judge to sentence me, and knowing them, I'm probably going to get the maximum penalty of 90 days in jail/$1,000 fine because I fit the description of a stereotypical Asian street racer, who as well all know are guilty for over 10 million deaths per year and deserved to be locked away for life.
I can't tell you how frustrating it is to live in this county. It's fucking bullshit that I have to waste over 2 grand on something that I didn't even do; yes, I'm guilty of speeding, but at worst that is a $300 fine and 1 point on my record. Now if I'm convicted I may have to spend time in jail, then deal with my insurance tripling or quadrupling for the next 6 years. I have little faith in the judicial system here after what happened last time in court with my old employer. According to my attorney my chances of getting off the hook are best with a relatively young all-Asian jury, but that's probably not going to happen. I don't have very high hopes for this trial at all.
Anyway, the only 2 people going to take the witness stand is me and the cop. Does anyone have any tips on things to say/not to say, etc? Thanks.
Fred
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