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Old 06-15-2004, 03:08 PM   #1
CosmoTheCat
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Default In the case of the City of Bellingham vs Horatio102...

His honor dismissed all charges without prejudice.

BOO YA!!!

Clean driving record is intact (so far so good anyway)
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Old 06-15-2004, 03:11 PM   #2
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yay?
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Old 06-15-2004, 03:16 PM   #3
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That was fast. Nice work.
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Old 06-15-2004, 03:16 PM   #4
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BS, I've seen the way you drive.
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Old 06-15-2004, 03:19 PM   #5
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nice
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Old 06-15-2004, 03:25 PM   #6
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Yeah, ok so court was fun. Took an hour, but there were criminal procedings that flowed into our time so really it was only 45 minutes of traffic stuff.

Of the people who contested, a couple of people were really pathetic.

The guy who got a ticket for 32 in a 20 (school zone) said "I was going 28, but the guy in front of me slowed to take a left turn so I swerved around him and then sped up when I saw a car preparing to pull out in front of me." Like admitting to doing 28 in a 20 will get your ticket dismissed??? Court finds him guilty! and I found him really stupid.

Then there was the guy nailed for 41 in a 25 iirc... "I just broke the rear stabilizer on the freeway, there's no way I could have been going that fast.... the guy in front of me was pulling away, there's no way I was going that fast... " He wasn't stupid, just not super smart.

When I left there were 2 people behind me yet to contest their tickets. When he dismissed my ticket (negligent driving 2nd degree) I got congratulations on my way out from both of them... they were very impressed.


So the background is this: I have a mustang. It has no roof, no carpet, no back seat, no plastic from the back of the front seats to the bumper, no spare, no jack, no insulation of any sort, no side windows, etc. It weighs 3000 lbs. It's also putting out about 100 hp more than stock. It's on Kumho Supra 712's, gods crappiest gift to Tires. So I got off the freeway, following a friend in his WRX. He took off down the side street, I followed. Right after rolling around the corner, I stood on the gas in 2nd gear and lit up the tires. About 20' down the road I saw 3 cops standing around in a parking lot. I let off the gas and rolled on to the next light like nothing's up. They came flying after us.

Long story short, cop wrote me a ticket for negligent driving 2nd degree and told me to not let it ruin my day.

So I filed for a contested hearing, filed for discovery, and the officer's comments were pathetic. Plus the ticket didn't get filed with the court until 8 days after being issued. It's my opinion that the officer in question purposefully didn't file in time so that I could get out of the citation, since he had to write me up for something seeing as how he had 2 buddies following him.

So upon getting called to the bench I asked the judge to dismiss the charges due to the fact that the ticket was not processed in accordance with the Infraction Rules of Limited Jurisdiction Courts rule 2.2 subsection (d). He looked it up, said that it was his discretion, looked at my citation, figured there was no good reason for the officer to take so long to file, and dismissed the charges. WOOT!
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Old 06-15-2004, 03:27 PM   #7
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Quote:
Originally posted by redobs
BS, I've seen the way you drive.


Amazing, isn't it?

1994/5 - cited for 76 in a 55. Charges dismissed after 500 word essay on "Why I shouldn't Speed."
2003 - cited for 80 in a 60. Charges deferred pending a year of no other citations.
2004 - cited for negligent driving 2nd degree. Dismissed due to procedural error
2004 - cited for "crossing double yellow" in LA county. Traffic school to come, citation masked from record.

That's it. Those are my ONLY moving violations, EVAR.
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Old 06-15-2004, 03:35 PM   #8
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Quote:
Originally posted by horatio102
1994/5 - cited for 76 in a 55. Charges dismissed after 500 word essay on "Why I shouldn't Speed."

Did you cut and past "Why I shouldn't speed" 500 times (or at least until you got 500 words)
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Old 06-15-2004, 03:37 PM   #9
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No, mom actually made me do it right. I haven't a CLUE what I actually wrote anymore. But what the heck, I was 17, it was a temp judge - she didn't care, and I took mommy to court with me.

The important part is that I got the ticket wiped from my record.
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Old 06-15-2004, 03:45 PM   #10
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"When I was seventeen, I drank some really good beer. Some really good beer, that I bought with a fake I.D."

I'm gonna go get the 3rd season of the Simpsons today, every season is only $15.99 right now at any FYE store.
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Old 06-15-2004, 03:54 PM   #11
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I got out of a Bellingham ticket a couple years ago.

I worked at Pizza Pipeline and was closing the store (working till 4 am) and when we were leaving, I was driving my '87 Escort and was going to be followed by my friends '97 Outback with a few STI upgrades (including Twin Turbos) so as I was leaving the Pizza Pipeline parking lot (the left side if looking from the street) I cut straight across the main road (I've forgotten street names I haven't lived there for awhile) and through the neighborhood to get home to Alabama St.

Apparently as I cut across the street, it a cop had pulled off the main road to follow me, but I thought it was my friend. So as I was racing the cop through the back streets, running stop signs (slowing down to make sure they're clear) left and right he finally lit me up. He came running around with hand on gun assuming I was cracked out of my gord, to my drivers windows asking what the hell I was doing, and I very calmly told him I thought I was just racing around with my buddy. After running my license, and finding my flawless record, he decided to write me up for running one stop sign.

I should have counted my blessings, paid the ticket and gone on my way, but no....

After looking very carefully at the ticket, I noticed he wrote it for the ony intersection that I stopped at. The corner of Newell and (whatever the main road is called). I debated for a day or two, and finally decided to contest it since that was the only stop sign I stopped at. I went in, drew some pictures and viola, I had no more ticket.
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Old 06-15-2004, 03:59 PM   #12
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Quote:
Originally posted by horatio102
2004 - cited for "crossing double yellow" in LA county. Traffic school to come, citation masked from record.
Online traffic school is the greatest thing ever. Especially when you're drunk while taking it. Although I did almost have to start over for answering the questions too quickly
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Old 06-15-2004, 04:16 PM   #13
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My record is better than Mr. CSI's

2002 - 40 in a 25 (behind Fred Meyer on the hill, had the clutch in on my truck and was coasting. stupid CHiP wannabe caught me right as I started hitting the brake to slow down.). Deffered for a year + like 10hrs of community service (cakewalk).

Other than that I've been pulled over once with a verbal warning ("clocked" at 65 in a 55, but it was my 70 lemans and the speedo is off) and got bitched at once for doing an intersection a little too hot

Patrick
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Old 06-15-2004, 04:32 PM   #14
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Default Re: In the case of the City of Bellingham vs Horatio102...

Quote:
Originally posted by horatio102
His honor dismissed all charges without prejudice.

BOO YA!!!

Clean driving record is intact (so far so good anyway)
you are a little bastage and damn lucky...

i think i hate you
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Old 06-15-2004, 04:35 PM   #15
rob
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Quote:
Originally posted by horatio102
So upon getting called to the bench I asked the judge to dismiss the charges due to the fact that the ticket was not processed in accordance with the Infraction Rules of Limited Jurisdiction Courts rule 2.2 subsection (d). He looked it up, said that it was his discretion, looked at my citation, figured there was no good reason for the officer to take so long to file, and dismissed the charges. WOOT!
Lucky you. The Pierce County court I was in had a little note on the door saying this was not a legitimate defense.

well_armed:
What the hell is an FYE store?
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Old 06-15-2004, 05:05 PM   #16
CosmoTheCat
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Not a defense, it was grounds for dismissal though. That one I'd take to superior court on appeals if the local courts aren't going to abide by the rules sent down to them from the legislature.

Up here in the municipal (city) court where I went, if you happen to contest the ticket with a lawyer, or if you summon the police officer, the prosecutor's office gets involved in the charges and they can and will amend the ticket to be issued and filed on the current day, in court, so that the grounds for dismissal aren't valid. I just about pooped myself when I showed up and the prosecutor was sitting there, but luckily he left when the criminal case was finished.

In the county courts though, this is used a lot more and they can't be bothered with amending tickets, or at least that's what I've heard. So if you're going to get a Neg2, do it outside of city limits.
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Old 06-15-2004, 05:06 PM   #17
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Quote:
Originally posted by Subie Gal
you are a little bastage and damn lucky...

i think i hate you


Just gotta be smart. And know the law.

Work it for you, not against you.


And FYE is a store in the mall.

www.slickdeals.net - find the coupon code and store nearest you. IIRC there's one in alderwood, everett mall, and Bellis Fair that are closest to me.
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Old 06-15-2004, 05:20 PM   #18
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Quote:
Originally posted by rob
well_armed:
What the hell is an FYE store?

http://www.fye.com/


However, I just checked online and the price just got bumped up! Dammit, I think it was a one day thing only, I saw it advertised in OT yesterday.
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Old 06-15-2004, 05:31 PM   #19
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No tickets but my share of warnings, First time i ever got pulled over was in Nice Cali in my 93 5.0. The first thing out of the cops mouth was "are you terrorists". I was a little set off gaurd with that one. But was let go with a "drive slower"
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Old 06-15-2004, 07:01 PM   #20
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Quote:
Originally posted by horatio102
Not a defense, it was grounds for dismissal though. That one I'd take to superior court on appeals if the local courts aren't going to abide by the rules sent down to them from the legislature.
You are right, I should have been more carefull with my wording. To paraphase they said it was not grounds for dismissal so don't even bother. I couldn't figure out how they could ignore part of rules of the court... Hopefully it has been challenged since.

Glad you got out squeaky clean.
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Old 06-15-2004, 07:10 PM   #21
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Quote:
Originally posted by well_armed
http://www.fye.com/


However, I just checked online and the price just got bumped up! Dammit, I think it was a one day thing only, I saw it advertised in OT yesterday.
Ahh...it's a mall store. That explains why I have heard of it

Thanks to nick for the slickdeals link. The deal is on till Sat IN STORE ONLY. There is also a $5 MIR so they are only $10
http://slickdeals.net/forums/showpos...3&postcount=47

Call around though, most stores seem to be out of stock.

-Rob
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Old 06-15-2004, 08:19 PM   #22
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b
Quote:
Originally posted by horatio102


Amazing, isn't it?

1994/5 - cited for 76 in a 55. Charges dismissed after 500 word essay on "Why I shouldn't Speed."
2003 - cited for 80 in a 60. Charges deferred pending a year of no other citations.
2004 - cited for negligent driving 2nd degree. Dismissed due to procedural error
2004 - cited for "crossing double yellow" in LA county. Traffic school to come, citation masked from record.

That's it. Those are my ONLY moving violations, EVAR.

Damn Nick the "OG STREET RACER"


Mike
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Old 06-16-2004, 03:53 AM   #23
CosmoTheCat
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I have yet to be caught street racing, and I doubt it'll ever happen.
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Old 06-16-2004, 04:15 AM   #24
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Last time I checked Nick is also still allowed to be within the Kent city limits after dark...
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Old 06-16-2004, 04:21 AM   #25
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Yup. I even went LOOKING for trouble in Kent after dark and couldn't find it.
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