Jeep Wrangler Forum

Jeep Wrangler Forum (http://www.wranglerforum.com/)
-   Off-Topic (http://www.wranglerforum.com/f6/)
-   -   Negligent driving 2nd degree ticket (http://www.wranglerforum.com/f6/negligent-driving-2nd-degree-ticket-22829.html)

yj4x4 11-03-2008 08:31 PM

Negligent driving 2nd degree ticket
 
I was over by Naches, washington when i received a ticket for accidentally spinning my tires pulling on the highway. the roadway was soaked with water and there was standing water on it. Here is a copy of the letter that i wrote depicting the events that took place.

Dear to Whom It May Concern;

I am writing this letter because I received a negligent driving 2nd degree ticket on State Route 410 near Whistlin’ Jacks Lodge on Sunday November 2nd, 2008. I was parked at the lodge at about 12:00 pm while I was waiting for my cousin (Kevin) to finish filling up his tank with gas. The lot was congested and I was parked parallel to state route 410 facing East. I was heading home to my home in Puyallup, Washington and needed to go the opposite direction. I pulled forward to look to see if there was any traffic. There was no traffic heading east, but there was a few cars heading west. As I pulled out on the wet pavement, I stepped on the gas to get some momentum up and my tires spun as I was making the turn. As soon as I realized that my tires were spinning and it was safe to do so I shifted down into second gear and regained traction. I did not try to spin my tires nor did I spin them excessively.
About a mile down the road, I realized there was a police officer in an unmarked truck with his lights on. I pulled over to the side of the road to see what was wrong. The officer came up to my window and asked me what that “show” was for. I told him that I was trying to pull out into traffic and my tires spun on the slick pavement. It had just finished pouring rain and the roads were slick. The next thing that the officer said to me shocked me. He told me that I was lying to him and asked me who I was trying to show off to. I told him I was not showing off to anyone and that I was just trying to pull out onto the highway. He told me that it was a bad way to start off by lying and that I had just lost my chances of getting warning. He took my license and registration back to his truck. When he came back he told me that I was getting $550 dollar ticket for negligent driving. My jaw dropped when I heard this. He said that the reason that I was getting this ticket was because he saw smoke coming from my tires and that my jeep went sideways into the lane, almost entering oncoming traffic.
My cousin (Kevin ) witnessed the whole thing and said that the officers’ reasoning was wrong. The officer said that he saw smoke from my tires. I find that hard to believe because the pavement was so wet that it had standing water on it. The officer also claimed that I went sideways in my lane and almost entered the oncoming traffic. This is also not true. As soon as I got into my lane I shifted into 2nd to get my traction back. I was not even going fast enough to go sideways. According to my cousin, the officer was getting out of his truck at Whistlin’ Jacks Lodge when I pulled out. He then saw the officer get back into his truck and pull out to pull me over. My cousin saw the whole thing and said that I was nowhere near going sideways nor entering the other lane.
In conclusion, I admit to my tires losing traction for a brief period. I contest that I was likely to endanger any persons or property. I do not think that I deserve this negligent driving 2nd degree ticket. The officer claimed that I looked like I was “showing off” to someone when it was none of the sort. I was just trying to pull out onto the highway going west when my tires lost traction on the soaked pavement.
Thank You,

If you have any comments please share

jpdocdave 11-03-2008 08:39 PM

you are out of control, he should've taken you to jail:D

yj4x4 11-03-2008 08:40 PM

i hope your joking.

charliefoxtrot 11-03-2008 08:46 PM

Quote:

Originally Posted by yj4x4 (Post 279042)
i hope your joking.

I hope you get locked up!:flipoff:


;)

yj4x4 11-03-2008 08:49 PM

thanks guys :banghead: lol

whitebuffalo 11-03-2008 08:57 PM

if you're going to use the letter, it needs to be proofread. sending in the letter likely wont do anything. instead, appear at your court date and state that you wish to contest it and fight it. for a 500 dollar ticket, i'd definetly give it a shot at fighting it. the burden of proof is on him, and you have a witness too.

4Jeepn 11-04-2008 06:47 AM

1. Get a copy of the weather report for that day and time
2. Have your cousin give a sworn statement
3. Find out if there where any video camera's around
4. Find out who this officer is, how long on the force, how many tickets, what he eats for lunch
5. What is the exact motor law that he is claiming you broke, know it inside and out, look for loop holes. etc.

PLan your attack, you drive a manual transmission, short wheel base vehicle, that has little weight in the rear end, pulling onto a highway from a slopped surface, and given these factors and the road conditions of the day, wet, the likely hood that there may have been some tire slippage go's without saying. However there was to intent to manually spin the tires on your part, infact based on experience with this vehicle in similar road condition, a planed act of trying to spin the tires could have lead to a loss of control, and a far different outcome.

jgano23 11-04-2008 07:12 AM

i would fight that ticket. see if tiny will proof read it for you. she can clean it up a little.

Dare2BSquare 11-04-2008 08:16 AM

If more of you guys drove 4bangers, you wouldn't have this problem!!! :wavey:

MOz 11-04-2008 08:20 AM

I say take your day in court and fight it. File your paperwork to contest the ticket and after a few days ask to speak to the DA. I would explain to him what you mentioned above and ask him is there anyway to reduce or eliminate the charges.

If you have a clean record, the judge or DA will most likely reduce the charge if you contest it. However, if your record is "less than desireable" or marginal, they will have less patience with you. If you go to court, attitude and appearance means everything. Wear a suit and be positive. Credible - non biased witnesses help too.

If you have a bunch of points and a conviction means losing your license, then I highly suggest you get a lawyer and let him/her handle it and not mail anyting.

MOz 11-04-2008 08:20 AM

Quote:

Originally Posted by Dare2BSquare (Post 279133)
If more of you guys drove 4bangers, you wouldn't have this problem!!! :wavey:

There would just be more accidents.

whitebuffalo 11-04-2008 08:39 AM

fwiw, my wife has beat two tickets in the last two years just by asking for a trial....the day of the trial they dropped the tickets. often, unless its a slam dunk, they wont even waste their time. one was for a blinker and the other was for speeding (speed trap where one cop shoots radar and the other pulls you over)

jgano23 11-04-2008 08:47 AM

i generally find that the cops that try to "knock you down a peg" generally need some knocking down themselves. The sp barricks by me is a training barricks b/c it is a very low crime area. these guys come straight out of the academy feeling like they need to prove themselves.

Dare2BSquare 11-04-2008 10:00 AM

Quote:

Originally Posted by Dare2BSquare (Post 279133)
If more of you guys drove 4bangers, you wouldn't have this problem!!! :wavey:

Quote:

Originally Posted by MOz (Post 279135)
There would just be more accidents.

Believe me... you learn to adjust!!! :D

rketr 11-04-2008 10:58 AM

Quote:

Originally Posted by whitebuffalo (Post 279139)
fwiw, my wife has beat two tickets in the last two years just by asking for a trial....the day of the trial they dropped the tickets. often, unless its a slam dunk, they wont even waste their time. one was for a blinker and the other was for speeding (speed trap where one cop shoots radar and the other pulls you over)

Would say it depends on the judge. Tried it once and got beaten up for a BS charge. Had photo evidence, etc. and was completely ignored by the judge.

If anything, yes get your ducks in a row, get the letter proofread, and ask for a trial. The more you make THEM do, the more they are likely to drop it.

MOz 11-04-2008 11:10 AM

Quote:

Originally Posted by jgano23 (Post 279141)
i generally find that the cops that try to "knock you down a peg" generally need some knocking down themselves. The sp barricks by me is a training barricks b/c it is a very low crime area. these guys come straight out of the academy feeling like they need to prove themselves.

I always found the NJ troopers to be very professional and very courteous. The locals are a completely different story. I would much prefer to take my chances with the troopers than locals.

I found that a current F.O.P. and the State P.B.A Year Book stickers go a long way to helping out your cause in a pull over. That $50 contribution saved me over $500 in fines and 8 points one day....

I had a trooper pull me over near the salt marshes at Cheesequake one day. He wanted to buy my '68 Mustang. I politley explained it wasn't for sale but I took his card in case I changed my mind. Never knew cops had business cards...that was a new one.

RatherBNarizona 11-04-2008 02:42 PM

you're a criminal!
I VOTE DEATH ROW!


All times are GMT -5. The time now is 05:20 PM.