924Board.org

joecitizennn · Joined: 12 Sep 2005 Posts: 2096 Location: no mans land

A while ago I got a summons in the mail for a reckless driving charge. The charge had my name right, but the description of the vehicle was not one that I have ever owned, not even close. Prior to this summons I had absolutely no knowledge of any such incident. Calling the States Attorney did me no good as all he said was that I needed to talk to the cop who wrote the report. At my court appearance I represented myself and filed a motion for discovery to find out just what the F*** was going on. Apparently a guy and his wife made the charges on just a statement with a name, and no evidence whatsoever. The cop took my name, and pulled a secretary of state photo of me and volunteered it to the couple, as me,,, asking them "thats him right?". No proper police line-up. No sir. To top it off he didnt even bother to investigate the matter. Just passed the charges on through to the SA. I never got questioned, never got a citation, never got one warning that this was going on till I got my summons.

After my first hearing where I requested the BS evidence I tried again to talk to the states attorney and was again told to talk to the cop. (I had no plans of talking to the retarded cop.) The SA promised me the cop would do an investigation and call me (after charges were filed mind you). To this date the officer has done no investigation. Had the moron researched it at all he could have saved himself the trouble of filing the charges.

So the question I am asking is, in America, is this a violation of due process?

skemcin · Joined: 02 Sep 2003 Posts: 1284 Location: Plainfield, IL

Edited so as not to confuse with incorrect info

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924.org (no time to complete)
9249206346 - 89k – new shifter bushings, belts, running well.
9249206347 - 8k – waiting its resurrection, no power at the fuel pump and fuse #7 blows w/power

Rocco R16V · Joined: 03 May 2009 Posts: 497 Location: PNW

Edited so as not to confuse with incorrect info

Rasta Monsta · Joined: 12 Jul 2006 Posts: 11733 Location: PacNW

That's a "Class II" misdemeanor, which could carry up to 30 days (or more, depending on your record). Because liberty is at stake, your full constitutional protections attach, including your right to confront witnesses, subpeona power, right to counsel, and others.

What you are describing is crappy policing and lazy prosecuting, and unfortunately, the only remedy for those things is often a jury trial.

File a pretrial motion to exclude your identification, as the result of an unduly suggestive identification procedure. Be wary of hearsay. . .officer may not testify as to anything "told" to him by another person. Line up an alibi witness (which may require formal notice to the state). Go in there with no law degree and beat a lawyer in trial. I've seen it done. . .DAs never live it down.

"When in doubt, SEND IT OUT!"
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WeiBe (1987 924S 2.5t) - 931 S3

D Hook · Joined: 02 Nov 2002 Posts: 3158 Location: Omaha, NE

Rocco R16V · Joined: 03 May 2009 Posts: 497 Location: PNW

I guess I should have let Rasta answer first.

Joes924Racer · Posted: Thu Jun 17, 2010 2:28 pm Post subject:

Well Joe isnt Rasta man the dude here. Just ta ease your pain..
I went to a meeting today downtown on the south east side ans wasnt paying attention where i parked at 4pm. So i get done and go to where my truck was parked at 7pm and it was gone towed.. I just got home
from with my truck at 9m from the tow yard .. $240.18 lighter in the pocket..and I spent the time to wash it before I left. Theres a lesson to learn in there somewhere. Sons -O- bitches.
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1979 porsche 924 Na
1980 porsche Turbo 931GT Replica
Have u ever driven a turbo.