Can anyone offer legal advice?

[MIKESJ73]

This past Thursday I was travelling to Beech Mtn from Charleston SC for a ski trip with some friends. I was pulled over in Gastonia NC for failure to pull into an adjacent lane for a parked emergency vehicle. I slowed and straddled the adjacent lane but did not completely pull over because my exit was in front of the officers car. The officer was inside his car and nearly off the 15' shoulder with his emergency lights off. The law says that his lights or siren/whistle have to be on and his car within 12' of the roadway. I want to get a copy of the cruiser cam. Is there anyway that I can file a motion of discovery to obtain the evidence against me without making an additional trip to Gastonia? My friends have agreed to come testify on my behalf (I guess I might be scheduling another ski trip next month), but I think the cruiser cam would be all I need.

I don't know what I did to make the officer mad. I used to work on the side of the road as a surveyor before I got my engineering liscense so I know how mad it can make you when someone flys by you, but I was at least 20' from him. I wonder if my ticket had anything to do with it being the night after the UNC game, my wife and I wearing DUKE sweatshirts in our Range Rover on our way with friends on a ski trip.

[moonpie23]

did you have a duke sticker of any kind on the outside of your car?

[Jim3k]

You should make sure you have not forfeited bond (if any), have pled not guilty and have asked for a court date -- probably have to post a bond for that. Once the court date is established, file a motion for production of the cruiser cam evidence. File with the court, copy to the prosecution.

Good luck.

[MIKESJ73]

According to a local attorney, I have no right to discovery. It is only a traffic infraction in District Court, could this be true? Here is a copy of the email I received from a Gastonia attorney...

Thank you for the inquiry. In North Carolina, you are not entitled to discovery for district court. Since your charge is an infraction and will be handled in District Court, you will not be able to file a motion for discovery. My fee to represent you on this matter would be $400.00. My fee is based on the estimated amount of time that will be needed to take your case to trial. If you wish to discuss this further, please contact me at any time. Thank you.

In my research I came accross Prayer for Judgement Continued. Is this only an option for a NC resident or can I contact the ADA and ask if they would support my plea?

This really could be an expensive fight with the travel, but I do not want to tarnish my clean driving record (no tickets in 18 years).

No I did not have a Duke sticker on my car and I do get your point. There is the decision btw a warning and a ticket from the officer. His attitude and comments to me indicated that he was very irritated with me for an unknown reason.

[HateCarolina]

Here is the definition of "discovery" from the NC DA website: http://www.ncdistrictattorney.org/terminology.html

Discovery: Process by which the DA provides to a Defense Attorney information gathered during the investigation of a felony; the ascertainment of that which was previously unknown.

It does sound like a simple traffic infraction would not qualify for discovery; however it seems to me that you would have a right to review the footage from his dash cam since otherwise it is your word against his. Of course that is logic versus the law; which do not always coincide.

Please let us know how/when you resolve this one.

[HateCarolina]

Here is some additional information that may assist you:

http://criminal.lawyers.com/traffic-...Discovery.html

[rthomas]

Just pay the ticket and quit worrying about it.

[allenmurray]

Just pay the ticket and quit worrying about it.

Or hire an attorney and get it pled down to something that carries no points. If you have no points on your license any competent attorney can get it reduced to somethig what will not show up on your driving record and will not impact your insurance.

[sagegrouse]

You mentioned that the policeman appeared upset with you.

Usually, that means an unprofessional attitude and seems to be more prevalent among the local guys, where training is more limited and leadership can be haphazard.

Of course, in my county in Colorado, just the opposite occurs. The state troopers think have to be bad a**es, and the local sheriff's deputies are trained to treat each person stopped as though he or she were their grandparent. Weird, isn't it, for a state that relies on tourist income so heavily?

BTW, I agree with the advice to "pay the ticket."

sagegrouse

[allenmurray]

Of course, in my county in Colorado, just the opposite occurs. The state troopers think have to be bad a**es, and the local sheriff's deputies are trained to treat each person stopped as though he or she were their grandparent. Weird, isn't it, for a state that relies on tourist income so heavily?

sagegrouse

IMHO, not weird at all. It has to do with accountability. In North Carolina the county sherriff is elected. He runs every two years. The police chief (I live in Durham) is appointed by the city council/mayor. Therefore he is pretty protected.

The sherrif's deputtees are unfailingly polite and professional. When they are driving through my neighborhood they stop and chat. They ask if they can be helpful in any way. They offer to drive past my house if I am going to be away. I live in the county where it is legal to burn leaves. Once I was doing so, unawar that there was a temporary burning ban in effect. A deputies car came up, told me if the fire dept got there before the fire was out I'd be fined. then he got out of his car and helped me put ot the fire and bank the coals. I'm not kidding! They help little old ladies across the street (actually I've never seen that, but I bet they would), They know that I will be making a choice as to whether or not to vote for their boss. The police feel unaccountable.

There is something to be said for answering to the electorate.

[allenmurray]

Of course, in my county in Colorado, just the opposite occurs. The state troopers think have to be bad a**es, and the local sheriff's deputies are trained to treat each person stopped as though he or she were their grandparent. Weird, isn't it, for a state that relies on tourist income so heavily?

sagegrouse

IMHO, not weird at all. It has to do with accountability. In North Carolina the county sherriff is elected. He runs every two years. The police chief (I live in Durham) is appointed by the city council/mayor. Therefore he is pretty protected.

The sherrif's deputees are unfailingly polite and professional. When they are driving through my neighborhood they stop and chat. They ask if they can be helpful in any way. They offer to drive past my house if I am going to be away. I live in the county where it is legal to burn leaves. Once I was doing so, unaware that there was a temporary burning ban in effect. A deputy's car came up, told me if the fire dept. got there before the fire was out I'd be fined. Then he got out of his car and helped me put ot the fire and bank the coals. I'm not kidding! They help little old ladies across the street (actually I've never seen that, but I bet they would), They know that I will be making a choice as to whether or not to vote for their boss. The police feel unaccountable.

There is something to be said for answering to the electorate.

[OZZIE4DUKE]

IMHO, not weird at all. It has to do with accountability. In North Carolina the county sherriff is elected. He runs every two years. The police chief (I live in Durham) is appointed by the city council/mayor. Therefore he is pretty protected.

The sherrif's deputtees are unfailingly polite and professional. When they are driving through my neighborhood they stop and chat. They ask if they can be helpful in any way. They offer to drive past my house if I am going to be away. I live in the county where it is legal to burn leaves. Once I was doing so, unawar that there was a temporary burning ban in effect. A deputies car came up, told me if the fire dept got there before the fire was out I'd be fined. then he got out of his car and helped me put ot the fire and bank the coals. I'm not kidding! They help little old ladies across the street (actually I've never seen that, but I bet they would), They know that I will be making a choice as to whether or not to vote for their boss. The police feel unaccountable.

There is something to be said for answering to the electorate.

IMHO, not weird at all. It has to do with accountability. In North Carolina the county sherriff is elected. He runs every two years. The police chief (I live in Durham) is appointed by the city council/mayor. Therefore he is pretty protected.

The sherrif's deputees are unfailingly polite and professional. When they are driving through my neighborhood they stop and chat. They ask if they can be helpful in any way. They offer to drive past my house if I am going to be away. I live in the county where it is legal to burn leaves. Once I was doing so, unaware that there was a temporary burning ban in effect. A deputy's car came up, told me if the fire dept. got there before the fire was out I'd be fined. Then he got out of his car and helped me put ot the fire and bank the coals. I'm not kidding! They help little old ladies across the street (actually I've never seen that, but I bet they would), They know that I will be making a choice as to whether or not to vote for their boss. The police feel unaccountable.

There is something to be said for answering to the electorate.

Such a good post you had to post it twice! Way to PW!