He has a witch for an ex who had been calling him telling him to meet him at the carwash to make up. He went. She drove off so he followed thinking he was suppose to follow her. After she didn't stop he turned off and she started following him. He went back to the carwash and parked (he was waiting for her). After a few minutes a cop showed up and gave him a ticket for expired plates (they were) no seat belts and careless driving (she said he was following her so close she couldn't see his headlights - it even says on the ticket by witness - the officer saw none of what had transpired). He was on private property when he was pulled over and she set him up on the other . Oh, this is in Montana. What and how could he fight this.
2007-04-08 16:19:37 · 16 answers · asked by bobbijoslin 4 in Politics & Government ➔ Law Enforcement & Police
15 is the legal age for driving in Montana.
He showed me his conversations with her on messenger - text messages - and let me listen to his voice mails. Trust me - he may not be perfect but she is a witch.
I am going with him to court. Probably will pay the tickets for no license plates and seatbelts.
Will fight the careless driving.
If she can do this to him then anyone could get someone they disliked in trouble by just telling the cops. That upsets me because no one should be able to abuse the system like that.
2007-04-09 05:57:36 · update #1
looked at a copy of the police reports. The officer saw none of what happened. Just took the witnesses word for it.
2007-04-09 09:27:06 · update #2
Take that to court, you could get out of those pretty easily.
2007-04-08 16:22:39 · answer #1 · answered by D.Z. Carter 5 · 1⤊ 0⤋
Ok so your son is barely legal to drive and he's off driving at night...... after some girl. So you are going to take his word that this is how it really went down? Rarely do cops go around and issue this many tickets..... basically all that he could think of. My bet is that you will get to court all ready to fight it and within 5 minutes the officers testimony will crush all of that.
Maybe, just maybe he might get out of the careless driving especially if the witness is not in court. But honestly I would just pay the tickets. He's young, driving around at night and if you are saying things like "witch of an ex" you won't be much help. In fact the judge may feel that this is all ridiculous on so many levels and make it simple to be on the safe side.
He may suspend his license until he is 18. Or probation so that if he gets as much as a ticket for a stop sign he won't drive until 21. Or not being able to drive at night plus driving classes or anger managment. So you best be sure that you have the complete story.
You should call the officer and see what you can find out. If you can call the girls parents and ask them about it. Best to know all of the facts.
And since your insurance rates are going to go through the roof if the charges stick it may actually be cheaper in the long run to hire a lawyer. You don't need a really expensive one.
2007-04-09 10:49:14 · answer #2 · answered by jackson 7 · 1⤊ 0⤋
Expired tags are expired tags. Maybe if you get those new tags before court date and present the reciept for the new ones and this might lessen the fine or even get it dismissed.
No seat belts is no seat belts and that is a fineable offense but not considered a moving violation which would increase insurance costs.
Because there was a witness that backed up the accusation of the careless driving,it does not have to be witnessed by a police officer and this might be a bit to deal with on your own.
This could be deemed as a moving violation and could increase your insurance rates and I am not sure if the expense for a lawyer would be the best way to handle this. . . all in all I suspect you and your son will have to eat this as well and learn from the experience.
2007-04-09 02:04:30 · answer #3 · answered by Just Q 6 · 0⤊ 0⤋
O.K., first these are all misdemeanor traffic tickets. So, don't bother with lawyers, waste of time and money. YOU go to court with him.
First - the expired plates; he pleads guilty.
Second - no seat belts. If he was parked and the engine off, then not guilty. You are not required to have your seat belt on while sitting in a parked car.
Third - Careless Driving. This is the important ticket and the one with the most serious consequences. The fine is stiff and the resulting insurance premium hike will be a shocker. The charge stems from how close he was following his "ex". But the officer is basing his ticket on a witness' statement, probably the "ex". Your son will need to CAREFULLY explain that the "ex" asked him to meet her to "make up", that he foolishly agreed. When she drove off he assumed he was supposed to follow, AND THAT HE NEVER GOT CLOSER THAN whatever distance he was. I am assuming he did not do something as stupid and dangerous as drive up on her bumper. Once he realized she was not going anywhere, he returned to the car wash where the officer confronted him.
You son is going to have to convince the judge that the "ex" lied, to the officer and to him. That this whole thing was just a way for her to get him into trouble.
Frankly, he is going to have a tough time. This incident comes very close to being a domestic violence incident. Judges and cops are tending to be very aggressive about this. I suspect that is why he got the tickets. Your son will need to present himself in a very good light. Wear a suit, if he has one or his best "Sunday, go to meetin" clothes. Keep his temper in check, be respectful to the judge, and, even if the judge decides against him, thank the judge for allowing him to present his side of the story. His behavior in court will go a long way in how the judge makes his decision about guilt or innocence and what fines or probation he will impose.
Good luck
2007-04-08 23:48:23 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The private property deal doesn't make a difference. So long as the infraction occurred on the public streets.
I guess I'm not going to sympathize with you a whole lot. I just see that he set himself up for this to happen, and
To me, it sounds like he may have learned a valuable life lesson here, and an interfering parent enabling this child in thinking that his actions were correct and law-abiding will dilute the potential life lessons.
Live and let learn...let the boy make his mistakes and suffer the consequences. Most states have provisions against kids under 16 driving by themselves past a certain time as well, sounds like it could have been worse!
2007-04-08 23:27:35 · answer #5 · answered by powhound 7 · 3⤊ 0⤋
Not sure if he could fight any of these or not. He wouldn't be able to get out of the expired plates ticket, but he could fight the other ones. But then again how was he on private property when he was pulled over? If the cop approached him while parked he was clearly on public property if not at his home.
2007-04-08 23:25:44 · answer #6 · answered by jagvore11 2 · 1⤊ 0⤋
I think you have a bigger issue than what you are saying. Granted, smaller towns are different than the big city, but parents should be the same all over. 15 years old, and driving. of course that might be common where you live, but 15 with an ex girlfriend. How old was he when you allowed him to start dating. How old is the girl?. Hell with the ticket, I think the parents should be brought to court.
2007-04-08 23:42:57 · answer #7 · answered by CGIV76 7 · 0⤊ 0⤋
Fight the tickets. She will have to show up for court. If she fails to show, the ticket for careless driving against your son will get dismissed. The other two tickets he will lose on.
2007-04-08 23:28:52 · answer #8 · answered by gorn 2 · 2⤊ 0⤋
Go o court and take your chances if you believe he is not guilty......What I would do is remove his drivers license until he can show responsibility. It is a hardship to go without transportation and then he will think about the options and maybe find a new girlfriend. He should get probation for his first offense
2007-04-08 23:28:04 · answer #9 · answered by Pablo 6 · 0⤊ 0⤋
stop blaming the girl. You are a grown woman calling a 15 year old girl a witch. I'm sure she didn't team up with the Montana state police to get back at her exboyfriend. Even if she did I don't think they would do it.
Maybe there's something your innocent son isn't telling you.
2007-04-08 23:30:46 · answer #10 · answered by lilrnblover86 4 · 1⤊ 1⤋
Your 15 year old is driving??? Good grief..whats the driving age in Montana....
Most 15 year-olds can't find their rear ends with both hands much less be responsible enough to drive.
And.....he has an EX??? As in "ex-girlfriend"...at 15? That's just plain nuts.
Take away his car keys, tell him to pay the tickets and let him know he is not old enough to have "EX" problems.
2007-04-08 23:27:27 · answer #11 · answered by Anonymous · 4⤊ 1⤋