Need some help

Discussion in 'BS Forum' started by JethroTull, May 16, 2017.

  1. JethroTull

    JethroTull 2018 Least Knowledgeable Poster

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    So I have a crappy sales job which likely will come to an end after today. I was driving in a new territory (covering for another guy), and long story short I got pulled over for looking at the gps on my cell phone.

    Cop said it was a distracted driver enforcement area and he has a photo of me looking down. Wrote me up for both texting and driving and careless driving (kind of feel like its the same charge, but whatever).

    I get driving checks every 2 months at work and these charges will likely get me fired. Prior to this I had a perfect driving record.

    Any advice here? Obviously I have already pleaded not guilty and paid the $50 for a hearing, but from everything I hear those things are almost always a waste of time. Is it worth hiring a traffic lawyer? If not do I try to fight it or do I just beg for mercy?
     
  2. Greenday4537

    Greenday4537 Well-Known Member

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    I'd imagine you should have access to that photo prior to court. Asking for it would be a good way to see if he's full of shit.

    It's on him to prove you were texting. You looking down does not prove you were texting.

    Not so sure about the careless driving. He'll probably argue you weren't paying attention to the road and that doesn't include if he noticed swerving of any sort or speed changes.
     
  3. NYJalltheway

    NYJalltheway Well-Known Member

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    I'm pretty sure your gps is supposed to be on your dash for it to be ok in the law's eye, not on a phone in your lap because then you're looking down. I don't think you would win that case, but I can't see why you would be fired. What you were doing was necessary to get your job done.

    Good luck man.

    Sent from my XT1650 using Tapatalk
     
  4. JethroTull

    JethroTull 2018 Least Knowledgeable Poster

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    Yea I don't really see how I could argue it. I'm probably going to spend some money on a traffic attorney and hope he could get me out of it.
     
  5. NYJalltheway

    NYJalltheway Well-Known Member

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    He could lesson the charges that you would get for pleading no contest I'm sure.
     
  6. The Waterboy

    The Waterboy Well-Known Member

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    The picture should be time stamped and the tickets should also have a time. Have your phone service provider print out a log of what was done on your phone around the time frame of the ticket. This should be proof enough that you weren't texting and if GPS is all that shows in the time period I would think you could get the charges knocked down.
     
  7. Dierking

    Dierking Well-Known Member

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    Optimism: The worst thing that can happen is you lose a crappy job. That's a fuck ton better than losing a great job. It's a matter of perspective.

    Reality: Getting legal advice from anonymous strangers over the internet is a great way to screw yourself up. All well meaning posters here, but nobody knows what jurisdiction you are in, what the local law is, and how the local prosecutors are using it. So take everything you read here with a grain of salt. For example, where I live we have a hands-free law which creates an unrebuttable presumption that you are using your cellular device illegally if you are holding it anywhere near your face while driving, regardless of what your phone records say. So the police have basically nothing to prove to gain a conviction beyond saying what they saw. The law is so new that prosecutors are not cutting deals and lowering charges. You get a ticket for this and you're fucked. Of course, this information is meaningless to you unless you live where I do.
     
  8. NYJetsO12

    NYJetsO12 Well-Known Member

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    Be honest with your Boss about what happened. If they are checking your record BiMonthly its best to be up front with them. Maybe they give you a pass. This way if you have to leave the job at least you are on good terms.

    FTMR your company will remember your honesty plus all the good stuff you did on the job.

    Live, learn and move on.

    Good Luck Tull
     
  9. BrowningNagle

    BrowningNagle Well-Known Member

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    judges don't budge at all on these distracted driving things. tell em its your job? they dont' give a shit. Your best bet is to plead not guilty, delay the hearing and hope the officer doesn't show.

    You usually can get one opportunity to reschedule. After you have a court date, wait until like a week before and call the secretary with a mild sob story about how you have to be out of town that day for work or something. They'll reschedule. Hopefully far in advance and the officer will forget to show and you can request it to be thrown out. At the very least it will delay getting the charge on your record for awhile if you are worried about losing your job.

    or you could just find a company that doesn't totally suck and fires their employees for picking up a BS charge like this
     
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  10. FJF

    FJF 2018 MVP Joe Namath Award Winner

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    I'm guessing he could get fired because the company's insurance company will not want to cover him as a driver if he has tickets on his license.
     
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  11. JetsVilma28

    JetsVilma28 Well-Known Member

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    This too shall pass. You'll be fine.
     

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