I was going 45mph on a 45mph road. I was on my bike and just heading to work. No hurry. Well, I see blueberries and strawberries. I pulled over.
From the officer's best judgement/opinion, I was tailgating. From mine, I'm sure I had 2 seconds between the car and myself. I did not see where the officer had come out from, he may haven been directly behind me when I pulled onto the road. Our local Department of Transportation states that 2-3 seconds is a safe following distance. I keep it safe and have a fear of the bike. I respect it. At this time, I asked the officer if I would be getting any points. I have kept my record clean. He advised that I would not get any points and my insurance would be fine. I respectfully signed and thanked the officer and went on my way.
Within the 10 days, I go to the District Justice. I pay my fine and plead guilty. I figured $79 and that's it. I did not want to hassle the officer or the judge.
A couple days later, I get a letter in the mail stating I received 3 points. This is where I feel I was misinformed. He said I would not, but then I did.
I went to the District Justice and ask about an appeal. She said I would have to go to the Courthouse to file an appeal. That I have 30 days from the date I pleaded guilty.
Before my 30 days I go to file my appeal. At the Courthouse I am told that it's 30 days from the day I was issued the citation. This is the second time I feel like I have been misinformed. This time not by the officer, but the kind lady at the District Justice. She told me I could still file an appeal but it could just be "squashed". I believe that is the correct term she had used.
I understand it is not the officer's job to know if I am issued points. I also have put into consideration that the lady at the District Justice may have been told incorrect information on the policies of an appeal.
My questions are:
Can an officer inform you if the citation carries any points or not?
Since I was misinformed, could I try to get something in writing from the officer or the officer's superior stating I was misinformed? Same thing for the District Justice.
I am not saying I am not guilty or guilty. I just want the opportunity to present my case to the judge, so I can know that I tried everything to keep a clean record. I would really like to keep it that way and have that peace of mind.
Thank you for your time in reading my situation, all feedback and advice will be greatly appreciated,
Thank you again,
Chris
From the officer's best judgement/opinion, I was tailgating. From mine, I'm sure I had 2 seconds between the car and myself. I did not see where the officer had come out from, he may haven been directly behind me when I pulled onto the road. Our local Department of Transportation states that 2-3 seconds is a safe following distance. I keep it safe and have a fear of the bike. I respect it. At this time, I asked the officer if I would be getting any points. I have kept my record clean. He advised that I would not get any points and my insurance would be fine. I respectfully signed and thanked the officer and went on my way.
Within the 10 days, I go to the District Justice. I pay my fine and plead guilty. I figured $79 and that's it. I did not want to hassle the officer or the judge.
A couple days later, I get a letter in the mail stating I received 3 points. This is where I feel I was misinformed. He said I would not, but then I did.
I went to the District Justice and ask about an appeal. She said I would have to go to the Courthouse to file an appeal. That I have 30 days from the date I pleaded guilty.
Before my 30 days I go to file my appeal. At the Courthouse I am told that it's 30 days from the day I was issued the citation. This is the second time I feel like I have been misinformed. This time not by the officer, but the kind lady at the District Justice. She told me I could still file an appeal but it could just be "squashed". I believe that is the correct term she had used.
I understand it is not the officer's job to know if I am issued points. I also have put into consideration that the lady at the District Justice may have been told incorrect information on the policies of an appeal.
My questions are:
Can an officer inform you if the citation carries any points or not?
Since I was misinformed, could I try to get something in writing from the officer or the officer's superior stating I was misinformed? Same thing for the District Justice.
I am not saying I am not guilty or guilty. I just want the opportunity to present my case to the judge, so I can know that I tried everything to keep a clean record. I would really like to keep it that way and have that peace of mind.
Thank you for your time in reading my situation, all feedback and advice will be greatly appreciated,
Thank you again,
Chris
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