Criminal Defense- Traffic Attorney?

3,003 Views | 15 Replies | Last: 9 mo ago by VictorA
VictorA
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I was involved in a very minor fender bender with one of the USPS Sunday package delivery people. You know the ones that are always zipping around the neighborhood, driving like crazy. As a result of this driver lying to the police, I ended up with a citation that I would like to pay to fight. Yes, I know it would be easier and cheaper to just pay it but I dont mind spending more to do the right thing. Who should I contact? Thanks!
Histaghusband09
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AG
Aren't the new USPS carrier vehicles we got supposed to have video?
doubledog
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Craig M. Greaves.

I was on a jury, where he was the defense attorney. I was impressed. I have testified as an expert witness a few times and I have seen a lot of attorneys. He is in the top 10 in the BCs area (IMHO).

https://www.greaveslaw.com/
trouble
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I haven't seen any of those locally yet.
RunSilentRunDeep
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Travis Funkhouser - took over John Quinn's practice when Quinn retired.
VictorA
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So, I've been by municipal court twice, trying to enter a not guilty plea. They've been in contact with the officer but as of Friday at closing, he hasn't turned in the citation.

I have 10 days to appear or a warrant will be issued for my arrest, but a week later, the officer still hasn't done his part?

Seems like a crappy way to do business. Anyone ever dealt with this?
AgGunNut
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Call the agency (not the court) and file a complaint on the officer.
Mr.Short-termMemory
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AgGunNut said:

Call the agency (not the court) and file a complaint on the officer.
Don't do this.

Yes, it's frustrating to be told to contact the court within 10 days, and you cannot resolve your ticket because the officer hasn't submitted it yet. You are not hurt by this, especially if you've been trying to take care of the ticket timely. If not submitted next time you contact the court, be sure to make note of who you talked to at the court so IF it's an issue, you can show you did show up timely.

However, the officer may never submit the ticket. He may decide you were nice, and didn't turn it in. He may have lost it in a computer reboot. Happen often? No. Has it happened? Yes.

There is no benefit to you in filing a complaint against the officer. Especially before you take care of the ticket.

IF you want to complain the officer didn't submit it timely, do so AFTER you have resolved your ticket.
Smeghead4761
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If it was a paper ticket (yes, some departments still use them) the officer might have turned it in, but the records section hasn't entered it into the computer system yet.
Mr.Short-termMemory
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Smeghead4761 said:

If it was a paper ticket (yes, some departments still use them) the officer might have turned it in, but the records section hasn't entered it into the computer system yet.


Could also be true if electronically submitted. Good point.
Stucco
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You are in effect being held without charge. I'd get a lawyer and demand an immediate probable cause hearing so the matter can be charged or dismissed.
VictorA
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So the charge ended up showing up after 8-9 days. I went in to plead not guilty. Found out you can request an informal pre-trial meeting with the prosecutor.

Id like to give a HUGE kudos to the clerks at the CS municipal court. Very professional and friendly on multiple occasions. They actually answer the phone when you call and seem to care about what's going on.

Met with the prosecutor yesterday and before I could present any of my evidence, she said- "Ive already reviewed the body cam footage and I'm going to drop the charge." Another huge kudos to the court, to be willing to look at these things from a reasonable point of view. They know people arent going to hire a lawyer, miss work, etc over a $200 ticket. This gives people that truly feel like they are innocent, another option. Big thanks, not as much for the dismissal but for the opportunity.

I guess the officer's bad attitude just got the better of him and he was using the ticket book as a weapon to make himself feel better. I considered filing a complaint, but I don't want officer discipline influencing the prosecutor's decision to do the right thing in the future. Their office is obviously aware and I'll leave it up to them to address.
powerbelly
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doubledog said:

Craig M. Greaves.

I was on a jury, where he was the defense attorney. I was impressed. I have testified as an expert witness a few times and I have seen a lot of attorneys. He is in the top 10 in the BCs area (IMHO).

https://www.greaveslaw.com/
He got a lot of my fraternity brothers out of trouble in college.
CN
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VictorA said:

I was involved in a very minor fender bender with one of the USPS Sunday package delivery people. You know the ones that are always zipping around the neighborhood, driving like crazy. As a result of this driver lying to the police, I ended up with a citation that I would like to pay to fight.
Get a dash cam to avoid they said/you said situations like this. My wife's car got rear ended a few months ago and the guy tried to claim to his insurance my wife was partially at fault but the dash cam footage clearly showed him looking away until the moment he rear ended her car.
legalbird
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The cop issued a citation based on what he believed occurred.
VictorA
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legalbird said:

The cop issued a citation based on what he believed occurred.


I questioned the cop about the citation. He told me it was being given for two reasons.

1. The other driver made a statement that wasn't true. I told him it wasn't true but he had already written it.

2. He was irritated. He told me that.

The prosecutor made her decision to dismiss based solely on the body cam footage before ever talking to me. She saw exactly what he saw and came to a totally different conclusion.
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