View Full Version : need some help on an appeal....
slow95gt
12-08-2007, 03:17 PM
I know you guys dont like to read but read this plz:
ok, i got some certified mail today, it turns out they are trying to suspend my license, because of my wreck, I was coming up on a guy that looked stopped in the road with a trailer, he didnt have any brake lights or turns on, as I go to pass him he turns into my lane to turn into a subdivision, I slam on brakes and try to miss him and end up hitting his trailer. I wake up, after a small blackout, and see my car is finished!!! I had to kick to the door out and hold my nose at the same time, and blood was going everywhere, glass all over me, ect. so im limping away from the car, and the bystanders call the police, te drug cop shows up and tells the sherrifs that I had been draggin, so I got handcuffed, cussed out, yelled at repetedly, all because of this, my buddy was also involved in the wreck and he ended up hitting the guy in the truck, because his back brakes were not hooked up, the officers look at the stripes, and make an assumption that no we were not racing, and the stripes are in the same lane, so no there was not racing, they wouldnt believe me at all, so I finally get unhandcuffed after my dad shows up and basically cusses all the officers out, then the cop that arrested me wrote about 4 tickets and kept screwing them up, finally got a good one, and said he would give me the lowest ticket possible, following too closely. I can had to sign with my left hand because I couldnt move my right hand, my face was bleeding very bad, and I could not move, the batt. on my car was leaking and could have caught on fire!!! never once did they call the paramedics or call the fire dept. they sent 5 cars with doucebags in them, and now I loose my license? thats not right at all!!!!
what can I do about this? i have to go to school twice a day and work, I will have to quit my job and the tech if this happens, not good!!!
josh
StephenK
12-08-2007, 04:11 PM
What is your previous driving record????
willjs7
12-08-2007, 04:47 PM
Call an attorney.
68stang289
12-08-2007, 05:31 PM
Yeah, you definetely need to call an attorney or at least talk to Jeff (attyjeff). There's liability in them not calling the ambulance for you if you were bleeding profusely, in bad shape or requested medical attention, especially if they handcuffed you without any probable cause other than some bystander saying you were "dragging" (I'm sorry, I'm not familiar with this phrase). Having an attorney adjudicate this will probably cost you some bucks but it sounds like not having a license will cost you even more. Hopefully you have the information from the guy who was driving the truck/trailer.
scooby
12-08-2007, 05:31 PM
call jeff
tibster
12-08-2007, 05:46 PM
CALL JEFF! He is the man!
towelie
12-08-2007, 07:10 PM
I cant believe you were bleeding and they denied you medical help thats just wrong.
slow95gt
12-08-2007, 07:31 PM
the only other thing I had was speeding in a school zone, it was 48 in a 25, I was late for work in my 86gt, dragging means, racing. but im going to look into jeff here soon, and the cop wouldnt ever let me talk thats why the ambulance never came, just showed up and cussed me out on site, said fuck you and cuffed me.......
v8minus2
12-08-2007, 09:54 PM
yeah, 224-jeff is jeffs number. give him a call and see what your options are.
Benjamin
12-09-2007, 12:54 AM
Josh that's area code 850.... but remember to have all your facts straight. there are a few things i just read that aren't as i saw it. i went by the scene of the accident the week after it happened and i saw the skid marks..... they weren't exactly in the same lane.... i saw 2 sets of black marks in both lanes and the ones in the left lane eventually ended up in the right lane. i know Jimmy has photo's of the scene and i'm 99% sure your insurance company has them too. i wouldn't push it too far or the judge might rule on you hard.... i'd go in there and try to find out what you can do, drivers school, community service..... often you can get a work permit that will allow you to go to school and work and that's it. maybe you can get one of those.....
towelie
12-09-2007, 01:50 AM
The cop had to have broken some policy by not offering medical help and mention the cursing if it really happened. Try and exploit there unprofessional things they did.
gsdave
12-09-2007, 09:06 AM
Its hard to tell exactly what happened from your description. At first it sounded like you were going to pass the truck and trailer, but later sounded like you were in the same lane. If you were passing the truck and trailer legally and they turned in front of you, it is the truck's fault.
sstony
12-09-2007, 10:13 AM
i witnessed a wreck just like you described earlier this year and was almost involved so i stopped to give my statement. basically a newB/drugged up truck driver wanders into my lane(middle) to take a wide right turn and the car (240sx) right beside me had to hit the brakes and slid into the rig. it was a very shady scene on the truck drivers part, so again i stayed to give my statement and was prolly the only one to see how it actually went down. so i go home and recieve a call from the police and the officer starts busting my balls that me and the 240 were racing. i told the officer very sternly that i KNEW that issue would be brought up based on the car involved and my car and that notion did not need to be investigated any further cuz it wasn't the facts. he based his notion on the skid marks of the 240 being so long before the impact. i told him plane and simple that i didn't doubt we were traveling over the posted 45mph speed limit but we were NOT RACING.
man that really sux for your. i'm with towelie on the no medical call in--that was way wrong in your situation--ANY situation involving a car accident. Maybe that violated some kind of procedure that can get you out of this ridiculousness
slow95gt
12-09-2007, 11:32 AM
yeah I thought it was mandatory that the medics came when ANY accident happened, guess I was wrong, but im writing the appeal in a second and sorting everything out, if I dont get it resolved, ill get a permit for work, but sstony: thats how ours happened as well, the police showed up and just went at it!!!
slow95gt
12-09-2007, 11:35 AM
If you were passing the truck and trailer legally and they turned in front of you, it is the truck's fault.
hell yeah, and I got charged with the whole damn thing!!!
slow95gt
12-09-2007, 11:39 AM
Josh that's area code 850.... but remember to have all your facts straight. there are a few things i just read that aren't as i saw it. i went by the scene of the accident the week after it happened and i saw the skid marks..... they weren't exactly in the same lane.... i saw 2 sets of black marks in both lanes and the ones in the left lane eventually ended up in the right lane. i know Jimmy has photo's of the scene and i'm 99% sure your insurance company has them too. i wouldn't push it too far or the judge might rule on you hard.... i'd go in there and try to find out what you can do, drivers school, community service..... often you can get a work permit that will allow you to go to school and work and that's it. maybe you can get one of those.....
by: ben
thats because I WAS going to pass him, saw him starting to turn and bailed in the other lane,(right lane) to avoid killing myself, thats why the marks go to both lanes and my marks arnt near what the notchs stripes are, his are easily double of mine, because his werent hooked up in the rear, he had all sn95 crap so if it were hooked up he would have had nothing to complain about right now lol.....
KSuchdeve
12-09-2007, 02:16 PM
hell yeah, and I got charged with the whole damn thing!!!
Didn't you say he also didn't have working brake lights and wasn't using his blinker? Good luck with the case and proving it wasn't your fault.
slow95gt
12-09-2007, 02:44 PM
yep, nothing to indicate that he was turning or slowing down.......
Benjamin
12-09-2007, 03:13 PM
the officers look at the stripes, and make an assumption that no we were not racing, and the stripes are in the same lane, so no there was not racing,
josh
thats because I WAS going to pass him, saw him starting to turn and bailed in the other lane,(right lane) to avoid killing myself, thats why the marks go to both lanes and my marks arnt near what the notchs stripes are, his are easily double of mine,
so which were they? in the same lane or in both lanes..... you have me confused now.... and how fast does someone have to be going to skid ~75ft or more and hit a 3/4 ton long wheel base dodge pickup and push it up on 2 wheels and it rest on it's side? obviously faster than you should have been going on that road.....
slow95gt
12-09-2007, 10:35 PM
I was passing him, (left lane) he pulled out, I went into the right lane, my stripes go from the left lane to the right lane..... and my marks are only like 25ft long the insurance guy measured them the next day....... the notchs are 7? feet long.........
Benjamin
12-09-2007, 11:23 PM
well what i'm pointing out is that you said that the officers ruled ya'll weren't dragracing because the skid marks were in the same lane.... now you are saying that there were marks in both lanes so if someone looked up as you kicked it and went to pass they would have seen a mustang in the right lane, a mustang in the left lane and any one would have assumed that that would be a race.....
slow95gt
12-10-2007, 07:42 PM
yeah i guess, but, whatever im going to see what happens
pendrgn
12-11-2007, 02:38 PM
wow tony, they actually called you later... I get the feeling whatever happens to us in a sports car, it was racing! lol, so sad.
i witnessed a wreck just like you described earlier this year and was almost involved so i stopped to give my statement. basically a newB/drugged up truck driver wanders into my lane(middle) to take a wide right turn and the car (240sx) right beside me had to hit the brakes and slid into the rig. it was a very shady scene on the truck drivers part, so again i stayed to give my statement and was prolly the only one to see how it actually went down. so i go home and recieve a call from the police and the officer starts busting my balls that me and the 240 were racing. i told the officer very sternly that i KNEW that issue would be brought up based on the car involved and my car and that notion did not need to be investigated any further cuz it wasn't the facts. he based his notion on the skid marks of the 240 being so long before the impact. i told him plane and simple that i didn't doubt we were traveling over the posted 45mph speed limit but we were NOT RACING.
man that really sux for your. i'm with towelie on the no medical call in--that was way wrong in your situation--ANY situation involving a car accident. Maybe that violated some kind of procedure that can get you out of this ridiculousness
pendrgn
12-11-2007, 02:41 PM
as for your ticket, if the truck was turning left and pulled in front of you, it is their fault. Does not matter if you were doing 100 mph, drunk, and passing them without a turn signal, it is the responsiblity of the person turning to check for you. Of course, I cant make out what exactly happened from all your posts, how hard was your head hit when you crashed.
PipeLayaz
12-11-2007, 02:51 PM
Call an attorney.
+1 It may cost you but your attorney will should be able to get you out of this.
A while back I got into a bar fight and ended up being tased, arrested and thrown in jail. I was also charged with "affray" (fighting) and I ended up walking away with "disorderly conduct" while the other guy had to pay hundreds of dollars, a simular misdameanor ::spelling:: and got probation. He didn't have an attorney.
I know this has nothing to do with a traffic violation but I know if I ever get in some serious shit I'd call an attorney before I started making any decisions.
pendrgn
12-11-2007, 03:06 PM
+1 It may cost you but your attorney will should be able to get you out of this.
A while back I got into a bar fight and ended up being tased, arrested and thrown in jail. I was also charged with "affray" (fighting) and I ended up walking away with "disorderly conduct" while the other guy had to pay hundreds of dollars, a simular misdameanor ::spelling:: and got probation. He didn't have an attorney.
I know this has nothing to do with a traffic violation but I know if I ever get in some serious shit I'd call an attorney before I started making any decisions.
good advice, I got a reckless driving ticket in VA, I was doing 90 in a 65 down a mountain, the fun times, and I got a lawyer to represent, hell, I didnt even have to go to court myself, just let him show up, and he got it reduced to a faulty equipment charge.... lol... a non-moving ticket which is crap, got to love lawyers.
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