Hi,

As I unfortunately just got my first citation for a "Lightning" traffic violation I'm in doubt what to do about it, i.e. contest or not. Any advise for a court novice?

Story goes like this:
Haven't been out with my friends after work for a long time since I became a father, so finally yesterday at 5.30 we go out and I have an entre and two drafts. On the way home at 8.30, I need to make a right turn on red. I see some cars comming from the left and perhaps I would have yeilded if in the wife's minivan, but I step on it and the Lightning turns the corner with a spinning inner wheel. I could have let off after the corner, but let the foot sit on the gas and I guess it takes a little while before I have traction again. Well guess what..... the car I saw comming from the right was a cop.

I pull into a parking lot, and he comes up to the car. He's pleasent enough, however smells the beer and asks me how much I have been drinking. I guess I panic and deny (not very smart), but then admit to the two beers at dinner. He asks if I will do a sobriety test, and I figure that I'm fine and accept. I do the pencil test, walk the line, and stand on one foot. The parking lot is on an incline, the wind chill makes it 34F and there is a slight drizzle. On the third test I'm now freezing like heck, and my leg starts shaking after 22-23 secs on one leg. He's seems like a frindly cop just doing his job, but then claims that I'm under influence and could arrest me, but will only give me a citation for "Laying Drags". However tells me to get a lift home.

Guess he's trying to intimidate me to never have a beer before I drive again. And since I'm not to proud of the situation I admit having f..... up. My wife gets there in 5 minuttes and he lays the case on her. Bless her heart, she knew that one day the Lightning would get me into a situation like this and smiles at the officer and the whole incident.

Now comes the issues:
1. On the citation, he has made the remark "Field sobriety failed at scene (.1 or more)". I'm 6'3", 200 lbs, had two beers with dinner over three hours,
No way could I have been under influence.

2. The citation is for GA code 40-6-251 Laying Drags, which is classified as a misdemeanor, however it can also be found defined as "This offense is defined as operating a "vehicle upon the streets, highways ... in such a manner as to create a danger to persons or property by intentionally and unnecessarily causing the vehicle to move in a zigzag or circular course or to gyrate or spin around,...."
I kept my lane for the entire time the wheel was spinning.

I have no other violations, and the fine would be around $100. I just feel that its a harmless incident and would hate to have my insurance increased just because I didn't contest an assumption made by the cop. Any chance you think

Thx for reading this far,
Jesper

Btw: The cop also tells me that I "should know better when driving an SVT.... it probably has almost the same power as my patrol car, heck it might even have more".

I thought it better to take the 5th on that one

 

If it where me I would get a lawyer for that one. The failed the drunk test part might screw ya some day.

That just plain sux...I can just see myself having the same screwed up luck....99 percent of the time...I act like a good citizen. But gawd forbid I have a second of fun...and pow...I would get busted.

Rocks

 

Is the cop's assumption about influence going into my records if I plead no centest or will it just be based on the code of the traffic violation.
Would his assumption be admissible in court when no blood test was done. I guesss I should have insisted on a blood test to remove his doubt.....

 

Good luck with it...I got a "laying drags" ticket in Franklin County Georgia and it was $300. Can't really say much though...it was a good smokey burnout.

 

You should have offered to blow in the machine.

 

did he even test your blood alcohol level? if he really thought that you were drunk i think that he would have. i would just make a court date. Go in, kiss the judges ***, and tell him that you would like to pay the fine and this is the last time he well see you. Then he well drop the points. specially for being first offense in the truck. just my two cents. worked for me. good luck

 

IMHO, you got real lucky last night. I know, I know, you only had 2 beers and you ate a plate of food in 3 hours. However, with every state in the union cracking down hard on anybody who has been drinking and then drives a car, no matter how many drinks you had, if the cop smells even the slightest bit of alcohol you most likely will be doing a field sobriety test. I would get a lawyer to help you out. I know its only a $100 fine, but the cop did write on your ticket that you failed the sobriety test. And pretty much no matter what, the judge is gonna believe the cops story in court. Thank your lucky stars that you aren't in more trouble than you are.

 

Hmmm, the cop never tested my alcohol level, probably because he knew it wouldn't show anything, which is why his remark annoys me, but it sounds from your all posts that it'll hurt me bad in court.

I guess I could tell the judge my side of the story and otherwise kiss his a$$, however in order to avoid points I must plea "No Contest".

Is this what both of you did SNCBOOM and 2oooLIGHTNING ??

My DMV record would however then show the incident and the insurance company is free to read the records anytime.

I can live with a citation as long as the insinuating remark doesn't go on the record as well.

Thanks for all the input! I got some thinking to do.....

 

Hey,
I asked my boss(attorney) about this, and depending on state law where are at, and the possibility that it is slightly different there than where I live, he says that the cop's remark about you being under the influence is NOT admissable in court because it is nothing but hearsay. There is no proof you were intoxicated. Even if he had you on a dash-cam showing you doing the sobriety tests, when testifying he would have to testify carefully and correctly or even the potential dash-cam footage wouldn't be admissable, due to lack of foundation.

Just a thought.
If you go to court about it, you should be able to get any hint of alcohol removed from the record.

 

Sounds to me like the cop was very nice to you.

Take the responsibility of drinking while driving ...

Be happy that your not in jail and pay the fine.

 

'Hey,
I asked my boss(attorney) about this, and depending on state law where are at, and the possibility that it is slightly different there than where I live, he says that the cop's remark about you being under the influence is NOT admissable in court because it is nothing but hearsay'


Totally agree, again depends where you live. The failing of the test should not follow because you are not being fined or convicted on it either. Asking a judge I found out that he would probably look differently at the cop for writing this down and not prosecuting the driver, again, that is just locally and a judge who really hates drunk drivers, not that you were. May be better to clear that up now in case it does creep itself in the future, but again, not sure how, if not arrested or fined for it, not sure how it can be seen that way.

 

Just be glad you didn't meet the HYPO that got me. For mearly accelerating out of a toll booth (30mph roll) in my way overpowerd 4.6 only at 1/2 to 2/4 throttle. Wrote me a ticket for illegal exhaust. Ok law states anything other than OEM is illegal and will get you a $142 fine.

 

$100 thats all. I got a ticket a while back for spinning my tires and it is a possible $2701 fine and up to a year in jail. I pleeded innocent and the case is still pending sence I had been deployed for more than 6 months last year. I guess the people of San Diego are really cracking down.

 

Bierk, wolwes,

Appreciate you asking around on this.

Let's just say I learned my lesson anyway, and will certainly not tempt another cop under such circumstances. I'll let you know the outcome, however court data is in late June, so it'll be some time....

 

According to the list of fines for the County. It does say however that max. is $1000 and a year in jail, however this is first offence so I hope that the judge will be lenient. Realisticly the remark of failing the test could bump up the fine I guess.