I guess we can agree that we disagree...

 

Internet lawyers FTW!

 

Wow, sucks man... VA is crazy. I havn't had a high ticket as an adult. Do you appeal to a court of appeals or to the general district? I know when i was a juvenile i appealed to the GD (so you get 2 attempts at trial).

I assume he said he lost sight after he activated his sirens and hence "someone was eluding him?

6 Months seems like a long time, are you a habitual offender? Are you using Paris Hiltons lawyers?

If the prosecutor feels this is a harsh sentence, he may be willing to work out a plea as well. Good Luck.

 

A year ago I would have agreed with you. After a year of law school and reading hundreds of criminal court cases / and experiences in court/with friends, I'm afraid I cannot. Police frequently fabricate "evidence" and judges frequently overlook gaps. At the trial level, anything can go. The mistaken application of law usually doesn't come out until the appeal and many people don't appeal. I'm skeptical that this was all that was said in court, but equally skeptical on the judgment. However, if it seems unlikely that anyone else was the speeder, it may be enough for probable cause and the judge has great discretion as to punishment.

DISCLAMER: I KNOW NOTHING ABOUT TRAFFIC LAW; other then you can legally be arrested for not wearing a seat belt, even though it is not a jailtime offense. The Atwater Exception

 

Yes, I have a bad driving record, but she did not even look at it before throwing the book at me, there was no mention of my driving record. That was all the evidence against me. it was 2am. My lawyer is not court appointed. He stated that he pulled out, activated his lights, at which point the car was .5 to 1 mile away, and that the car continued to pull away from him until the car was gone.

I'm not willing to work out a plea bargain.

 

2AM man... How many small yellow cars do you think passed the cop in the time it took him to pull out? Or on that stretch of the road. Additionally, I'm sure both the judge and prosecutor looked at your driving record before the case started. Prior record is almost always taken into account for sentencing. I would seriously think about working out a plea bargain. I'm not saying you did it, but given the circumstances I think it would be at best a close call for you. Plus, the officer seems like he has been honest and not out to get you, he would likely sign off on it and likely doesnt think you deserve 6months in jail. If it wasn't you, or you weren't going that fast... I know it might suck, but I for sure wouldn't want to risk 6 months in jail; especially if you could work out something without jail time.

 

if, as the OP said, the cop said he saw a yellow car and wasn't sure if it was a convertible or not, i would think there would be enough "doubt" as to if the OP was really the car going 100mph.....in the states eyes.

it's good the OP did not incriminate himself in this thread but either way.....i wish you the best of luck in the appeal dude....you'll definitely need it, but i would hope that if the cop admits he wasn't sure then i would think it would be "doubtful" as to "who" the car the officer saw really was......but hey i'm not a lawyer, i just stayed at the holiday inn express last night

 

huh?

 

[WHORE]



The April 1st deadline has officially been extended.



Sorry... I just had to clear that up.

As you were... [/WHORE]

 

Since you never made mention of a small, yellow car passing you at a high rate of speed, I'm going to assume that that did not happen. The only possible hope you would have would be if there was an exit between when the car was clocked and when you were stopped. Other than that, you're toast. I do wish you luck.


My only original point was that it is not prudent for folks to pass final judgement until all sides are heard. This serves me well in the work place, at home, and in here.