I need a lawyer

OCBob

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well, not really. But, I did pick up a couple of charges yesterday. Nothing major, but it was a real pain in the ass. So here's what happened:

I got out on the scooter pretty early and burned up a couple of tanks of gas. Only got wet one time, and it wasn't even enough to really soak my flannel (don't ask me why I didn't at least put the leather in the bags, just optimistic I guess). Had a couple of beers during the course of the day, but not enough to even catch a buzz. So anyway, we had gotten back close to home when she comes along , some dumb bitch in a mustang with a cell phone to her ear, paying attention to nothing. Sure enough she gets right into my lane, and nudges, yes nudges, my bike with her car as we are doing around 40! Well, the ass ends gets a bit squirrly on me so I had to get off the throttle a little. She just keeps cruising along like nothing ever happened, though she did get back in her lane and pick up her speed a little. I got the bike going straight again and got back on the throttle to catch her. I got up alongside her and with one good kick, added another mirror to my souvineir collection hehehehe.

At this point I figured we were even and we took off to continue our outing. Wasn't but a few minutes later that I noticed the cop following us LOL. But, it could have been a coincidence, I have noticed a time or two in the past when they have followed me hehehe. Then something strange happened, another cop got up behind him, and right after that another. Now, I'm not sure if any of you have experienced a line of cops trailing you, but for some reason it always gets the heart pumping a little faster. Anyway, about another 1/2 mile down the road it happens, 2 cops pull out of a sidestreet in front of us and block the road as the cops behinds us light us up and get on the sirens. So we stop and cut off the bikes, but that wasn't going to be good enough. They proceeded to do the full on felony stop, guns drawn, get on the ground, etc., etc.. They get us both cuffed up and have us standing there, asking us all the typical questions, you know, got guns, got dope? Then they pull another car up, a little ways away from us and at an angle. Turns out they had this bitch in the car to ID us LOL. I mean, c'mon, this was hardly worth all this attention.

So, I ended up getting booked for disorderly conduct and get this, vandalism! I'll probably have to go to court with a bunch of kids that get caught tick-tacking at Halloween LOL. They OR'ed me a couple hours later and I picked up my bike. So it all ended fine, or it will. I just hope I don't get some numbnuts judge that wants me to pay restitution. That won't happen, I will gladly take the days before I would give that bitch one red cent. I can't wait until next weekend!
 
LOL, Damn Bob....Glad she didn't smear your ass all over the road. Good luck with the outcome.
 
Damn Bob, will we see you on Cops?:confused: :dontknow: :p

You should file a complaint for Attempted Negligent Homocide. Stupid bitch tried to kill you and didn't even notice. Oh well, at least she did not smear you on the pavement.

Take care and good luck in court.
 
That sucks.

Bob I am sorry that you got involved. I do not know any attorneys in your area but I do know a good one here in SD. Was this in Riverside County?
 
Silverback said:
Damn Bob, will we see you on Cops?:confused: :dontknow: :p

You should file a complaint for Attempted Negligent Homocide. Stupid bitch tried to kill you and didn't even notice. Oh well, at least she did not smear you on the pavement.

Take care and good luck in court.

he who files complaint first usually wins:mad:
 
OCBob said:
well, not really. But, I did pick up a couple of charges yesterday. Nothing major, but it was a real pain in the ass. So here's what happened:

I got out on the scooter pretty early and burned up a couple of tanks of gas. Only got wet one time, and it wasn't even enough to really soak my flannel (don't ask me why I didn't at least put the leather in the bags, just optimistic I guess). Had a couple of beers during the course of the day, but not enough to even catch a buzz. So anyway, we had gotten back close to home when she comes along , some dumb bitch in a mustang with a cell phone to her ear, paying attention to nothing. Sure enough she gets right into my lane, and nudges, yes nudges, my bike with her car as we are doing around 40! Well, the ass ends gets a bit squirrly on me so I had to get off the throttle a little. She just keeps cruising along like nothing ever happened, though she did get back in her lane and pick up her speed a little. I got the bike going straight again and got back on the throttle to catch her. I got up alongside her and with one good kick, added another mirror to my souvineir collection hehehehe.

At this point I figured we were even and we took off to continue our outing. Wasn't but a few minutes later that I noticed the cop following us LOL. But, it could have been a coincidence, I have noticed a time or two in the past when they have followed me hehehe. Then something strange happened, another cop got up behind him, and right after that another. Now, I'm not sure if any of you have experienced a line of cops trailing you, but for some reason it always gets the heart pumping a little faster. Anyway, about another 1/2 mile down the road it happens, 2 cops pull out of a sidestreet in front of us and block the road as the cops behinds us light us up and get on the sirens. So we stop and cut off the bikes, but that wasn't going to be good enough. They proceeded to do the full on felony stop, guns drawn, get on the ground, etc., etc.. They get us both cuffed up and have us standing there, asking us all the typical questions, you know, got guns, got dope? Then they pull another car up, a little ways away from us and at an angle. Turns out they had this bitch in the car to ID us LOL. I mean, c'mon, this was hardly worth all this attention.

So, I ended up getting booked for disorderly conduct and get this, vandalism! I'll probably have to go to court with a bunch of kids that get caught tick-tacking at Halloween LOL. They OR'ed me a couple hours later and I picked up my bike. So it all ended fine, or it will. I just hope I don't get some numbnuts judge that wants me to pay restitution. That won't happen, I will gladly take the days before I would give that bitch one red cent. I can't wait until next weekend!

Bob you are without a doubt my "HERO".....dumsass could have killed you and she would cont. her phone call.......people like that piss me off they should have give up their drivers license........she will get her just reward one day.
 
That is pretty phucked up. I have done the same a couple of times and luckly never got more than a horn. Hope you get a decent judge....although anymore if you dont feel like fighting it, a lawyer will go to bat for you and you can hang at home. I doubt it would get totally dropped since they will see it as taking the law in your own hands, although I am sure you will get min in this instance.
 
I like bikes, but that's pretty much the reason why I will never ride one. At least on public roads.

Hope everything gets straightened out for you and be careful cuz, people are stooopid.:mad:
 
Couldn't she be charged with hit and run?

I haven't taken a mirror off yet, but I have kicked a few doors. Gotta aim right for the middle, that's where they dent the easiest:motz:
 
OCBob said:
well, not really. But, I did pick up a couple of charges yesterday. Nothing major, but it was a real pain in the ass. So here's what happened:

I got out on the scooter pretty early and burned up a couple of tanks of gas. Only got wet one time, and it wasn't even enough to really soak my flannel (don't ask me why I didn't at least put the leather in the bags, just optimistic I guess). Had a couple of beers during the course of the day, but not enough to even catch a buzz. So anyway, we had gotten back close to home when she comes along , some dumb bitch in a mustang with a cell phone to her ear, paying attention to nothing. Sure enough she gets right into my lane, and nudges, yes nudges, my bike with her car as we are doing around 40! Well, the ass ends gets a bit squirrly on me so I had to get off the throttle a little. She just keeps cruising along like nothing ever happened, though she did get back in her lane and pick up her speed a little. I got the bike going straight again and got back on the throttle to catch her. I got up alongside her and with one good kick, added another mirror to my souvineir collection hehehehe.

At this point I figured we were even and we took off to continue our outing. Wasn't but a few minutes later that I noticed the cop following us LOL. But, it could have been a coincidence, I have noticed a time or two in the past when they have followed me hehehe. Then something strange happened, another cop got up behind him, and right after that another. Now, I'm not sure if any of you have experienced a line of cops trailing you, but for some reason it always gets the heart pumping a little faster. Anyway, about another 1/2 mile down the road it happens, 2 cops pull out of a sidestreet in front of us and block the road as the cops behinds us light us up and get on the sirens. So we stop and cut off the bikes, but that wasn't going to be good enough. They proceeded to do the full on felony stop, guns drawn, get on the ground, etc., etc.. They get us both cuffed up and have us standing there, asking us all the typical questions, you know, got guns, got dope? Then they pull another car up, a little ways away from us and at an angle. Turns out they had this bitch in the car to ID us LOL. I mean, c'mon, this was hardly worth all this attention.

So, I ended up getting booked for disorderly conduct and get this, vandalism! I'll probably have to go to court with a bunch of kids that get caught tick-tacking at Halloween LOL. They OR'ed me a couple hours later and I picked up my bike. So it all ended fine, or it will. I just hope I don't get some numbnuts judge that wants me to pay restitution. That won't happen, I will gladly take the days before I would give that bitch one red cent. I can't wait until next weekend!

This is exactly why I love the feeling of security with my pre Paid legal membership. I wont have to worry about checking my wallet before i check with a lawyer
 
Sounds like quite an understandable reaction on your part, Bobby.......

Any biker would be plenty pissed at her.....

My perception and best guess on a reasonable outcome in court would reveal two salient points....

1) She's definately guilty of "distracted driving"..... and, if any damage resulted from that she would be liable for the resulting damages. Your anguish is only an unfortunate ancillary issue.

"Attempted negligent homocide" (sorry John) is a conflict in terms. An attempt implies a volitional act. So you cannot attempt and neglect at the same time.... Of course, negligent homocide would only apply if Bob died... Reckless driving is also an act of intent. (You'd have to prove her recklessness, Bob) Distracted driving is what she'd be found guilty of.....

She's a bonehead, there's no debating that...... an effing careless moron.... But what she did was probably unintentional....

Your response, however understandable, was a purposeful act of destruction of property. OK, so it was provoked by a friggin' "airhead move" on her part.... there's no denying that.

But, according to the law, there's no excuse for commiting a blatant and intentional act of destroying private property simply as an act of retribution for her carelessness.

On the road, it's every MFer for himself..... All bikers (myself included) take it personal when some braindead SFB asshole nearly kills us on the highway. And we know full well that no punishment will be meted out in our defense. So, we "get our own back" in the swiftest way that our anger provides..... Bust her shit.....

Unfortunately, the laws of this country are neither enforced or adjudicated by pissed off bikers in the heat of a potentially deadly encounter.....

Pay the fine or do your time....... The judge will surely rule against you..... Even with Johnny Cochran at your side......

Personally, Id'a probably done the same thing....:mad:

SD
 
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Hey Bob.....first of all she is lucky all you did was kick the mirror....

2nd deny everything

3rd delete this thread....

4th deny everything

5th deny everything

burden of proof is on her....deny everything....no friggin comment...

Glad you are safe....
 
Nowwhat said:
Hey Bob.....first of all she is lucky all you did was kick the mirror....

2nd deny everything

3rd delete this thread....

4th deny everything

5th deny everything

burden of proof is on her....deny everything....no friggin comment...

Glad you are safe....



I'm with Mike. Get rid of this thread or at least go back and edit your post so anyone who reads it from this point on won't know what is going on.
 
FlyingLow said:
I'm with Mike. Get rid of this thread or at least go back and edit your post so anyone who reads it from this point on won't know what is going on.

Ditto...




Stretch
 
Nowwhat said:
Hey Bob.....first of all she is lucky all you did was kick the mirror....

2nd deny everything

3rd delete this thread....

4th deny everything

5th deny everything

burden of proof is on her....deny everything....no friggin comment...

Glad you are safe....
Guys, thanks for all the concern, but truth be told I'm not too worried about any of this. I figure it's a fine, I will be giving my lawyer a call this morning. I've known the guy for almost 25 years now, starting with my extradition hearings way back when (which I must say he did a poor job at as I was extradited! of course, F. Lee Bailey couldn't have done any better hehehehe).

I just wanted to share the story, I thought it was pretty funny that we garnered so much attention for a couple of misdemeanors LOL. I really doubt that I will even need to go to court, I'm sure this whole thing can be taken care of without it, though I will probably have to go in to lay down my plea and pay the fine. Plus, I didn't really hide the fact that it was me on Saturday, even asked if I could at least have the mirror if I was going to have to pay for it hehehehe.
 
OCBob said:
even asked if I could at least have the mirror if I was going to have to pay for it hehehehe.


Now that is funny. You should send the story with that comment in to Readers Digest. Could be worth $500!!
 
OCBob said:
well, not really. But, I did pick up a couple of charges yesterday. Nothing major, but it was a real pain in the ass. So here's what happened:

...


So, I ended up getting booked for disorderly conduct and get this, vandalism! I'll probably have to go to court with a bunch of kids that get caught tick-tacking at Halloween LOL. They OR'ed me a couple hours later and I picked up my bike. So it all ended fine, or it will. I just hope I don't get some numbnuts judge that wants me to pay restitution. That won't happen, I will gladly take the days before I would give that bitch one red cent. I can't wait until next weekend!

OCBob said:
Guys, thanks for all the concern, but truth be told I'm not too worried about any of this. I figure it's a fine, I will be giving my lawyer a call this morning. I've known the guy for almost 25 years now, starting with my extradition hearings way back when (which I must say he did a poor job at as I was extradited! of course, F. Lee Bailey couldn't have done any better hehehehe).

I just wanted to share the story, I thought it was pretty funny that we garnered so much attention for a couple of misdemeanors LOL. I really doubt that I will even need to go to court, I'm sure this whole thing can be taken care of without it, though I will probably have to go in to lay down my plea and pay the fine. Plus, I didn't really hide the fact that it was me on Saturday, even asked if I could at least have the mirror if I was going to have to pay for it hehehehe.


FWIW, the woman can still sue you in small claims (which I assume is the extent of the damage) to recover the cost of repairing her car and, if you are convicted on the vandalism charge, that criminal judgment can establish the basis for a finding in favor of the woman in the civil suit for damages.

As both a lawyer and a cop, I suggest you follow the advice given previously and admit nothing. Don't deny anything that actually happened, because then you'd be lying and committing another crime (purgery).

The burden of proof is on the State (not the woman) to prove that you did what she said you did. If there's visible damage to the car and there are witnesses, you're probably sh*t out of luck on the vandalism charge, but there's no point of making the case for the opposition. As for disorderly conduct, it's a "catch all" charge that's imposed when nothing else fits. It's used to double up on the charges, is easily "proven" and easily dismissed. You should seriously try to get that charge thrown out.

Also, you may not consider the matter a big deal, but if you are convicted of any crime you will be required to disclose that on any job application and, if you fail to do so, can be fired for the omission. You can also be fired from a job for misconduct outside of your employment and, if your employer finds out about the incident, you could be subject to termination because of it.

Bottom line. I'd fight the charges, as much as feasible. Given the facts presented, the best you could expect would be a dismissal of the disorderly conduct in exchange for a no contest plea to the vandalism charge and agreeing to restitution (which you may have to pay anyway). No contest is a way to save face, it's not an admission, but is essentially the same as admitting guilt in court by not contesting the facts presented.

The DA will be more sympathetic to such an offer, if you show some remorse for your actions, but if you go in with a f*ck that b*tch attitude, you will probably be found quilty on both charges.

Something also to consider is that, in some jurisdictions, a conviction on multiple misdeameanor charges arising from a single event, particularly those involving crimes of violence, can also give rise to a separate felony charge. If that's the case in your jurisidiction, you definitely DO NOT want to go down on both charges.

Talk to your lawyer and make him (or her) earn his (or her) fee. There's more at stake than I think you may realize.
 
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