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Do you think I can get this charge dismissed based on this information for careless driving if I got a lawyer?
Anonymous3 views2 answers
So a cop accuses me of racing a truck which I know I wasnt for a fact and in the police report the cop says he saw me and a 4 wheel drive pickup truck go through blah intersect at a high rate of speed and as he accelerated to catch up to us he saw the truck come to a reasonable speed so he decides to let the truck go and decided to go after me in which he still had me in his view so he says he positioned his car behind my car at a red light at intersection blah and when the light turned green he turned his emergency lights on to initiate a traffic stop..So I was wondering if I got a lawyer to fight this charge because I know I wasnt racing no truck and that I wasnt speeding..Never had any traffic tickets in my life and I think he accused me of racing because my car looks like a ricer..
If you hire a lawyer, or if you do not, your options are to fight, or deal. If you fight, the officer will testify against you. You may testify or not, as you choose. If the trier of fact believes the testimony of the officer, then you are going to lose.
You will certainly need a lawyer if you intend to fight it. A lawyer is usually helpful in getting a better deal if you go that way, but not always necessary. If you are indigent, you can ask to have a lawyer appointed.
I wonder if the officer got the license number of the other vehicle he claims you were racing with, either in the report, or on video. If so, maybe you can find that person, and they will agree to testify on your behalf.
Absolutely, immediately, you should have your lawyer seek to preserve and get a copy of any police car video or other recordings of the incident. The videos are often erased after a short period of time if there has been no action to preserve them.
316.191 Racing on Highways is a serious charge in Florida. Serious penalties.
Answer is maybe.
If you do not get a dismissal, an attorney can possibly get an acquital after trial, a reduced charge, or withheld adjudication. It is highly recommended you get yourself an attorney. Sooner the better. Good luck.
