Ever file a legal dismissal?
#1
11-24-2008, 03:29 PM
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Ever file a legal dismissal?
Long story, but if you have any legal intelligence,please help & read. Thank you.
Back this summer when I broke my arm, my SO and I were pulled over on my way to the hospital by a city cop. We werent speeding (I kept a close eye on it) and we were in regular traffic coming into a small town (Hortonville, WI). Well as we came into town, the cop pulled out behind us and waited until we were in the outskirts of town to pull us over. Cop come to the car and her and my girlfriend get into an argument over the power of authority and how we were in need to get to the hospital. Im sitting there bleeding and holding my broken arm sick of everything and cant even get my girl to shut the **** up.
Cop explains that it is now her obligation to get medical attention to me due to me now being her obligation if I die from Hortonville to the Hospital another 20min away. I accept her point (because I have no choice), I refues the ambulance and dont even have to get out of the car when the EMTs arrive. They wave me free to go to the cop and in turn the cop attempts to give my girl a warning for speeding. This realty sets her off and it turns into a disorderly conduct! We leave and my girl is in tears because of how worked up she is and I am pissed that she couldnt just STFU!!! We have both dealt with the wrong end of the law more than anyone should have to and these kinds of events bring out great defense for obvious reasons.
Now I get out of the hospital and on the way home, I stop at the cop shop to file a complaint against the woman officer that pulled us over stating that she was abusing her power and was also in misconduct. Talked with the chief for a little bit to let him read it and talked with him briefly to let him see why I felt the way I did, openly made him aware that my girl didnt proper, yet could have been addressed in a different manner, and this whole even would have never escalated as it did . Week later, he reviews the tape of the event and states that his officer didnt go outside of her power and did nothing wrong. I come in the same day he called with my girl to review the tape with him and to go over everything. He proved his point, and I openly admit that I can understand why he feels that way and how the officer mechanically did nothing wrong. We shook hands and I was under the impression that him and I had come to an understanding…
Fast forward to this weekend, I get a letter in the mail from Hortonville PD with a citation for *Obstruction of Justice*!!!!!!!!!!! Im flaming pissed as I read this fine issued well after Jamie has entered a *Not guilty* plea and feel that the fine is more of an abuse of power again in response to her plea! Im kinda shaking typing this cause of how pissed I am! I didnt file that complaint to be used against me in the court, I used it as a suggestion box response to a shtty service by the police department! Never knew that filing a complaint against a cop show would wind you up with a $200 fine!
So know I want to file a dismissal against the citation in an attempt of having the fine thrown out completely. I am lookin to see if anyone is familiar with this type of action to help, as I will be calling a few law offices to see if I have any chance in even trying.
NOTE: THIS THREAD IS NOT TO TURN INTO A ****ING HATE COP THREAD, NO MATTER HOW I/OR YOU FEEL TWORDS LAW ENFORCEMENT, I WANT TO KEEP THIS TO LEGAL ADVICE. FEEL FREE TO PM ME IF YOU WANT TO VENT LIKE ME.
Back this summer when I broke my arm, my SO and I were pulled over on my way to the hospital by a city cop. We werent speeding (I kept a close eye on it) and we were in regular traffic coming into a small town (Hortonville, WI). Well as we came into town, the cop pulled out behind us and waited until we were in the outskirts of town to pull us over. Cop come to the car and her and my girlfriend get into an argument over the power of authority and how we were in need to get to the hospital. Im sitting there bleeding and holding my broken arm sick of everything and cant even get my girl to shut the **** up.
Cop explains that it is now her obligation to get medical attention to me due to me now being her obligation if I die from Hortonville to the Hospital another 20min away. I accept her point (because I have no choice), I refues the ambulance and dont even have to get out of the car when the EMTs arrive. They wave me free to go to the cop and in turn the cop attempts to give my girl a warning for speeding. This realty sets her off and it turns into a disorderly conduct! We leave and my girl is in tears because of how worked up she is and I am pissed that she couldnt just STFU!!! We have both dealt with the wrong end of the law more than anyone should have to and these kinds of events bring out great defense for obvious reasons.
Now I get out of the hospital and on the way home, I stop at the cop shop to file a complaint against the woman officer that pulled us over stating that she was abusing her power and was also in misconduct. Talked with the chief for a little bit to let him read it and talked with him briefly to let him see why I felt the way I did, openly made him aware that my girl didnt proper, yet could have been addressed in a different manner, and this whole even would have never escalated as it did . Week later, he reviews the tape of the event and states that his officer didnt go outside of her power and did nothing wrong. I come in the same day he called with my girl to review the tape with him and to go over everything. He proved his point, and I openly admit that I can understand why he feels that way and how the officer mechanically did nothing wrong. We shook hands and I was under the impression that him and I had come to an understanding…
Fast forward to this weekend, I get a letter in the mail from Hortonville PD with a citation for *Obstruction of Justice*!!!!!!!!!!! Im flaming pissed as I read this fine issued well after Jamie has entered a *Not guilty* plea and feel that the fine is more of an abuse of power again in response to her plea! Im kinda shaking typing this cause of how pissed I am! I didnt file that complaint to be used against me in the court, I used it as a suggestion box response to a shtty service by the police department! Never knew that filing a complaint against a cop show would wind you up with a $200 fine!
So know I want to file a dismissal against the citation in an attempt of having the fine thrown out completely. I am lookin to see if anyone is familiar with this type of action to help, as I will be calling a few law offices to see if I have any chance in even trying.
NOTE: THIS THREAD IS NOT TO TURN INTO A ****ING HATE COP THREAD, NO MATTER HOW I/OR YOU FEEL TWORDS LAW ENFORCEMENT, I WANT TO KEEP THIS TO LEGAL ADVICE. FEEL FREE TO PM ME IF YOU WANT TO VENT LIKE ME.
#2
11-24-2008, 04:47 PM
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RE: Ever file a legal dismissal?
Gee... you put up all that and I can't make comment or have a go at the cop??
DAM!
To begin with ... most will say that you should never ague with cop..because it nearly always makes thing worse..
Me I do not handle cops very well when pulled over either , so I understand your GF's attitude completely ...
but...
As with many of the things that cops can do to us... you really do not stand a chance of beating the rap mate..
They have the tape ... it proves the case in their eyes..
What ever you did in the police station must have been bad enough for the cop to cite you..
I would think he would not have gone and done that (cite you) if he thought that he was out of line, considering that you were in the cop shop making a complaint in the first place ..
Bottom line with these types of things is how much do you want to shell out to fight this..? are you rich ?
The fine is only 200 (which still sucks ..yer ) but you cant get a lawyer to fight this for that sort of money , so why not do what most do and that's just pay the bloody thing to the bastards and forget it ...
I know what other replies are going to say as per the usual here..
GET A LAWYER!! ...FIGHT IT!! , F %$UCK THEM FIGHT IT!! ..
but really is it worth the trouble?
They win 90% of the time mate... because they are BAS^%#$&^$TARDS!!
Another reason I myself do not bother fighting bull **** charges , is that I personally do not like giving them any reason to think that they are getting to me mate...
I just pay those sorts of smaller fines because I prefer not to give them the steam off my **** , let alone let them think that they have upset me...
The word bastards is a very Australian word that is used liberally in this country and it is not considered bashing here .......just descriptive...
So I say again ... if they want to be bastards to you, 90% of the time they can and do get away with it mate ... because they are such lovely peeps
DAM!To begin with ... most will say that you should never ague with cop..because it nearly always makes thing worse..
Me I do not handle cops very well when pulled over either , so I understand your GF's attitude completely ...
but...
As with many of the things that cops can do to us... you really do not stand a chance of beating the rap mate..
They have the tape ... it proves the case in their eyes..
What ever you did in the police station must have been bad enough for the cop to cite you..
I would think he would not have gone and done that (cite you) if he thought that he was out of line, considering that you were in the cop shop making a complaint in the first place ..
Bottom line with these types of things is how much do you want to shell out to fight this..? are you rich ?
The fine is only 200 (which still sucks ..yer ) but you cant get a lawyer to fight this for that sort of money , so why not do what most do and that's just pay the bloody thing to the bastards and forget it ...
I know what other replies are going to say as per the usual here..
GET A LAWYER!! ...FIGHT IT!! , F %$UCK THEM FIGHT IT!! ..
but really is it worth the trouble?
They win 90% of the time mate... because they are BAS^%#$&^$TARDS!!
Another reason I myself do not bother fighting bull **** charges , is that I personally do not like giving them any reason to think that they are getting to me mate...
I just pay those sorts of smaller fines because I prefer not to give them the steam off my **** , let alone let them think that they have upset me...
The word bastards is a very Australian word that is used liberally in this country and it is not considered bashing here .......just descriptive...
So I say again ... if they want to be bastards to you, 90% of the time they can and do get away with it mate ...
because they are such lovely peeps
#3
11-25-2008, 07:38 AM
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RE: Ever file a legal dismissal?
Yeah, those are the things that race thru my head every time I think about this crap. The sick part is that I was very professional with the chief the whole time. As for the being rich and getting a lawyer, no way. Im so broke that thats the main reason I want to try and file a dismissal in my own document as professional as possible to make it stick. Im dealing with a small *** township that makes me feel that they are trying to bleed a rock.
I know there are a lot of legal rights that we have out there that many citizens arent aware of because we are not lawyers or real that damn multi bible sized lawbook. IDK, it just kills a part of me to give in and let them act like the Gestapo.
I know there are a lot of legal rights that we have out there that many citizens arent aware of because we are not lawyers or real that damn multi bible sized lawbook. IDK, it just kills a part of me to give in and let them act like the Gestapo.
#4
11-25-2008, 07:48 AM
#5
11-25-2008, 08:00 AM
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RE: Ever file a legal dismissal?
Oh, trust me! I know that full heartedlly and she is full aware that her over-reacting caused all this to come about. When the cop came to the car and started with a stubborn tone, my girl went into defensive mode. I felt that the cop could have handled the situation better, as a diffrent cop that showed up was very calm and well mannored, unlike cop #1 that turnedinto the *I own you* cop.
Bull butting heads only ends bad when one of them is a cop. I was only complaining about the way the first cop was using excessive power and escilated the situation more than it ever needed to be by setting off my girl, and really there was no reason to be pulled over in the first place because I know for a fact that she wasnt going 55-60 in a 35 like the cop stated (without the evidence of a radar).
Bull butting heads only ends bad when one of them is a cop. I was only complaining about the way the first cop was using excessive power and escilated the situation more than it ever needed to be by setting off my girl, and really there was no reason to be pulled over in the first place because I know for a fact that she wasnt going 55-60 in a 35 like the cop stated (without the evidence of a radar).
#7
11-25-2008, 08:07 AM
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#8
11-25-2008, 08:19 AM
RE: Ever file a legal dismissal?
ORIGINAL: CBRclassic
Bottom line with these types of things is how much do you want to shell out to fight this..? are you rich ?
The fine is only 200 (which still sucks ..yer ) but you cant get a lawyer to fight this for that sort of money , so why not do what most do and that's just pay the bloody thing to the bastards and forget it ...
Bottom line with these types of things is how much do you want to shell out to fight this..? are you rich ?
The fine is only 200 (which still sucks ..yer ) but you cant get a lawyer to fight this for that sort of money , so why not do what most do and that's just pay the bloody thing to the bastards and forget it ...
Anyways back to the principal thing. Im fighting OSHA over a$350 fine that is most likely going to cost over $2500 for fees.I would rather make a point then bow down to a corrupt system.
last summer I went to court 4 times to fight a reckless driving ticket from an ego maniac cop. I won, the charges were dropped and that cost me 5 times the amount of the original fine. I am a person when I get a speeding ticket for speeding I pay it, but when I get fined for somethingthat was not my fault I fight it.
Northern may be able to fight this on his own with minimal cost (days off from work) the emergancy situation should of been first on the officers priority list not bickering with his S.O. and a judge may see that. She wasn't acually speeding or the officer would of given her a speeding ticket. She was just being a bitch.
#9
11-25-2008, 08:27 AM
RE: Ever file a legal dismissal?
ORIGINAL: Northernfirepower
Ive been down that road many times before. And that is all I can do if there is no such thing as a dismissal. Ive heard of them before, and my objective is to get the case dropped before it even gets to the court date ... if it is possible.
Ive been down that road many times before. And that is all I can do if there is no such thing as a dismissal. Ive heard of them before, and my objective is to get the case dropped before it even gets to the court date ... if it is possible.
You most likely will have to go to courtbut I would file a report against the officer andher conduct in a emergancy situation. I would also state that the reason you could not take the ambulance ride is cause you didn't have another $800 laying around to pay for a ride that your were already getting for free.
#10
11-25-2008, 08:31 AM
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