matt
12-09-05, 11:19 AM
I've been pretty tight lipped about my speeding incident this past July but, yesterday saw the conclusion to the whole ordeal. I thought I would pass along my experience as it may help others in my position.
Last July I was heading home from work northbound on Cave Creek road approaching Cave Buttes Dam. I had moved out in front of traffic and decided it would be a good time to exercise my foot work. Downshifted to third and laid into it. Next was fourth and finally a little in fifth. As I was approaching the Dam I decided that my speed was too great and let off the accelerator. To my shi-grin there was old Smokey parked across the street shooting radar in my direction. I was dead to rights and proceeded to slow carefully and then pulled over immediately to Jomax road. The first words out of the officer?s mouth were "you're going to jail", I just about soiled myself. The officer took me from the car and proceeded to pat me down. Within a few moments I was questioned briefly, actually more like lectured, placed in cuffs and vacationed in the back of said officer?s patrol car. I was taken to the local Cave Creek holding facility, cited for reckless driving and excessive speed which noted my speed at 110 mph. About an hour and a half went by before my wife arrived and the officer released me to her.
Before I go on I would highly recommend to anyone with citations of this magnitude to retain legal council. The reason being is the County Attorneys that prosecute these types of cases are so new they will inadvertently screw you over. They are so fresh that typically you will be there first big case and all they are capable of doing is looking in a book to determine your punishment. If you have a lawyer chances are they will call the prosecutor on procedural issues that elude us common folk increasing your chances against full reprisal of the law.
After arraignment I opted not to secure council and attended my pre-trial conference without an attorney. After waiting three hours (note, clients with lawyers have precedence over defendants who do not and can cut in line) I met with the prosecutor. My session was brief as I was offered 3 points, 420 dollars in fines and 24hrs in jail. "Jail for speeding" I asked her response "the Judge likes to see jail for that amount over the speed limit". If I would have had a lawyer at that remark he would have moved for change of venue do to prejudice on the Judges part. Needless to say I did not take the deal. I motioned to continue and set about reserving council.
My pre-trial was rescheduled and I returned with my lawyer. To my surprise the prosecutor and my lawyer had almost the same identical conversation. Just like before she took a few minutes to read my file and then looked in here little book and gave the same deal. When asked why jail time was necessary her response was the same as before. Of course my lawyer called her on it, and after a few minutes of stumbling over her words we decided it would be best to go to trial.
Trial was set for December 8, 2005, yesterday, and all the proper arrangements were made. However, the prosecutor had failed to get the radar calibration to my attorney before trial and when argued at the trial the Judge ruled the radar instrument inadmissible. This went a long way to help my case as now there was no record of my speed. The prosecutor tried to maneuver the questioning so the officer could cite a visual indication of my speed but all he would offer was that I "was traveling at a high rate of speed greater than 70". Also the conversation between me and the officer was brought into question because I was never read Miranda My attorney argued that I was under arrest from the time I was removed from the car and the conversation which transpired between me and the officer was after my arrest. After an hour of arguments the Judge retired to make her decision. She returned with a verdict of guilty on excessive speed and stated the prosecutor had not proven beyond a reasonable doubt that I was reckless driving. It helped that the place I had chosen to disregard the law was secluded and no heavy traffic was present. After it was all said and down I was sentenced 275 dollars and a year summary probation by the court. Summary Probation just means I can't get into anymore trouble or there will be severe consequences.
Things I learned:
GET AN ATTORNEY
Make sure during disclosure (pre-trial) all material is presented, police report, radar calibrations and all attachments to the matter.
Never disclose your speed to the officer. I'm not sure or I was not tracking my speed is all you need to say.
Say as little as possible to the officer and answer yes and no. If you are read Miranda say nothing without an attorney.
Change of venue. You can request a change of venue within ten days of the citation. (Change Judges or location for your trial)
Taking the stand. You have the option to give testimony on your behalf however the prosecutor can cross examine and ask you damming questions such as how fast you were going. It is up to you but as for me I opted not to testify.
Dress appropriately. If you look professional you will be treated professionally.
Let your lawyer do the talking.
And my best piece of advice DON'T SPEED.
Last July I was heading home from work northbound on Cave Creek road approaching Cave Buttes Dam. I had moved out in front of traffic and decided it would be a good time to exercise my foot work. Downshifted to third and laid into it. Next was fourth and finally a little in fifth. As I was approaching the Dam I decided that my speed was too great and let off the accelerator. To my shi-grin there was old Smokey parked across the street shooting radar in my direction. I was dead to rights and proceeded to slow carefully and then pulled over immediately to Jomax road. The first words out of the officer?s mouth were "you're going to jail", I just about soiled myself. The officer took me from the car and proceeded to pat me down. Within a few moments I was questioned briefly, actually more like lectured, placed in cuffs and vacationed in the back of said officer?s patrol car. I was taken to the local Cave Creek holding facility, cited for reckless driving and excessive speed which noted my speed at 110 mph. About an hour and a half went by before my wife arrived and the officer released me to her.
Before I go on I would highly recommend to anyone with citations of this magnitude to retain legal council. The reason being is the County Attorneys that prosecute these types of cases are so new they will inadvertently screw you over. They are so fresh that typically you will be there first big case and all they are capable of doing is looking in a book to determine your punishment. If you have a lawyer chances are they will call the prosecutor on procedural issues that elude us common folk increasing your chances against full reprisal of the law.
After arraignment I opted not to secure council and attended my pre-trial conference without an attorney. After waiting three hours (note, clients with lawyers have precedence over defendants who do not and can cut in line) I met with the prosecutor. My session was brief as I was offered 3 points, 420 dollars in fines and 24hrs in jail. "Jail for speeding" I asked her response "the Judge likes to see jail for that amount over the speed limit". If I would have had a lawyer at that remark he would have moved for change of venue do to prejudice on the Judges part. Needless to say I did not take the deal. I motioned to continue and set about reserving council.
My pre-trial was rescheduled and I returned with my lawyer. To my surprise the prosecutor and my lawyer had almost the same identical conversation. Just like before she took a few minutes to read my file and then looked in here little book and gave the same deal. When asked why jail time was necessary her response was the same as before. Of course my lawyer called her on it, and after a few minutes of stumbling over her words we decided it would be best to go to trial.
Trial was set for December 8, 2005, yesterday, and all the proper arrangements were made. However, the prosecutor had failed to get the radar calibration to my attorney before trial and when argued at the trial the Judge ruled the radar instrument inadmissible. This went a long way to help my case as now there was no record of my speed. The prosecutor tried to maneuver the questioning so the officer could cite a visual indication of my speed but all he would offer was that I "was traveling at a high rate of speed greater than 70". Also the conversation between me and the officer was brought into question because I was never read Miranda My attorney argued that I was under arrest from the time I was removed from the car and the conversation which transpired between me and the officer was after my arrest. After an hour of arguments the Judge retired to make her decision. She returned with a verdict of guilty on excessive speed and stated the prosecutor had not proven beyond a reasonable doubt that I was reckless driving. It helped that the place I had chosen to disregard the law was secluded and no heavy traffic was present. After it was all said and down I was sentenced 275 dollars and a year summary probation by the court. Summary Probation just means I can't get into anymore trouble or there will be severe consequences.
Things I learned:
GET AN ATTORNEY
Make sure during disclosure (pre-trial) all material is presented, police report, radar calibrations and all attachments to the matter.
Never disclose your speed to the officer. I'm not sure or I was not tracking my speed is all you need to say.
Say as little as possible to the officer and answer yes and no. If you are read Miranda say nothing without an attorney.
Change of venue. You can request a change of venue within ten days of the citation. (Change Judges or location for your trial)
Taking the stand. You have the option to give testimony on your behalf however the prosecutor can cross examine and ask you damming questions such as how fast you were going. It is up to you but as for me I opted not to testify.
Dress appropriately. If you look professional you will be treated professionally.
Let your lawyer do the talking.
And my best piece of advice DON'T SPEED.