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Thread: reckless driving/concealed carry incident

  1. #1
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    Some of you may have seen the previous thread where i was arrested for reckless driving while carrying, and that things took a very bad turn for the worst when i handed over my concealed permit.

    I'm just going to state what has happened without going into too much detail.

    When i went to court initially to plead, The court had no papers on me, and had not given my attorney the discovery evidence. So i plead not guilty with no papers in the court, and no evidence. The DA signed off on the charges at the very last minute.

    They also ignored my FOIA request. When i went to the DA they ignored me and would not full fill my FOIA request and pretended that i had never filed one.

    They thought i was representing myself (even though my lawyer requested discovery several times). I think their plan was to hope i would go and plead no contest or guilty to make it go away, with a fine or whatever.

    My attorney went into the DA's office and caused a huge stink and finally got them to give him the evidence. The chief of police, the DA, and others were in there running around like chickens with their head cutoff because they were trying to figure a way out. (this is what my attorney said).

    basically there is no evidence. What they have:

    Allege that I split two cars
    Flipped off one of the cars

    In the police report the people in the two cards were family members, mom and kids in other car. they admitted to driving next to each other parallel going 50 in a 55 on purpose to block me. Maybe they thought it would be funny? not sure.

    Also in the police report the officer states that he asked the woman if my actions could have caused physical or financial damage, and i was arrested because she said yes.

    that is it... for reckless driving... which was not witnessed by anyone but the accuser.

    There is a specific Oregon statute that deals with this alleged "traffic violation".

    [line]814.240 Motorcycle or moped unlawful passing;
    (b) Operates a moped or motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
    (3) The offense described in this section, motorcycle or moped unlawful passing in a lane with a vehicle, is a Class B traffic violation.

    153.018 Schedule of penalties... may not impose a term of imprisonment.
    (b) $360 for a Class B violation.
    [line]
    Not surprisingly they have requested a settlement conference, which I am going to on the 29th.

    Obviously i will not accept anything but dismissal, and will not relinquish any of my rights which may be exercised at a later time.

    I also believe i have cause to consider malicious prosecution in any action that might take place in the future.


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    They also ignored my FOIA request.
    As they should. You are in court. Hit them with a discovery request and let them ignore that.

    If they do, follow up with a motion to compel, motion to strike, and motion for sanctions.

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    codename_47 wrote:
    They also ignored my FOIA request.
    As they should. You are in court. Hit them with a discovery request and let them ignore that.

    If they do, follow up with a motion to compel, motion to strike, and motion for sanctions.
    Why should they ignore it? I'm not trying to be a ass i'm really curious as to why.

    They did ignore my attorney's discovery request. They still have not given him the evidence. he had to take pictures of the evidence with his camera because they did not have copies.

    motion to strike meaning strike all that evidence from the record because they did not share it? What would motion for sanctions do?

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    Please follow Mike's suggestion and update your profiles to show your locations.
    James M. "Jim" Mullins, Jr., Esq.
    Admitted to practice in West Virginia and Florida.

    Founder, Past President, Treasurer, and General Counsel, West Virginia Citizens Defense League, Inc.
    Life Member, NRA

  5. #5
    Regular Member ODA 226's Avatar
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    Damn JOHNNYB! You should slow down! Don't you know that spliting cars is illegal?! And DANGEROUS! Heck, you could have killed yourself or that poor family!

    I can't believe you bowed down to the man! Stand up for yourself JohnnyB!

    BTW: Thanks for contributing more to my Retirement Fund! I never knew you cared so much!
    Bitka Sve Rešava!
    B-2-10 SFG(A)/ A-2-11 SFG(A) 1977-1994

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    ODA 226 wrote:
    Damn JOHNNYB! You should slow down! Don't you know that spliting cars is illegal?! And DANGEROUS! Heck, you could have killed yourself or that poor family!

    I can't believe you bowed down to the man! Stand up for yourself JohnnyB!

    BTW: Thanks for contributing more to my Retirement Fund! I never knew you cared so much!


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    ODA 226 wrote:
    Damn JOHNNYB! You should slow down! Don't you know that spliting cars is illegal?! And DANGEROUS! Heck, you could have killed yourself or that poor family!

    I can't believe you bowed down to the man! Stand up for yourself JohnnyB!

    BTW: Thanks for contributing more to my Retirement Fund! I never knew you cared so much!
    what the hell is that supposed to mean? I haven't paid anything and i won't pay anything

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    ODA 226 wrote:
    Damn JOHNNYB! You should slow down! Don't you know that spliting cars is illegal?! And DANGEROUS! Heck, you could have killed yourself or that poor family!

    I can't believe you bowed down to the man! Stand up for yourself JohnnyB!

    BTW: Thanks for contributing more to my Retirement Fund! I never knew you cared so much!
    You're saying this is our old friend JohnnyB?
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Regular Member Gunslinger's Avatar
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    codename_47 wrote:
    They also ignored my FOIA request.
    As they should. You are in court. Hit them with a discovery request and let them ignore that.

    If they do, follow up with a motion to compel, motion to strike, and motion for sanctions.
    Failure to issue discovery is grounds for summary dismissal. Your lawyer should know this. You were arrested for a misdemeanor not witnessed by the cops? They have no case. Or was it a felony?
    "For any man who sheds his blood with me this day shall be my brother...And gentlemen now abed shall think themselves accursed, they were not here, and hold their manhoods cheap whilst any speaks who fought with us on Crispin's day." Henry V

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    Gunslinger wrote:
    ODA 226 wrote:
    Damn JOHNNYB! You should slow down! Don't you know that spliting cars is illegal?! And DANGEROUS! Heck, you could have killed yourself or that poor family!

    I can't believe you bowed down to the man! Stand up for yourself JohnnyB!

    BTW: Thanks for contributing more to my Retirement Fund! I never knew you cared so much!
    You're saying this is our old friend JohnnyB?
    ABSOLUTELY!
    Bitka Sve Rešava!
    B-2-10 SFG(A)/ A-2-11 SFG(A) 1977-1994

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    Gunslinger wrote:
    codename_47 wrote:
    They also ignored my FOIA request.
    As they should. You are in court. Hit them with a discovery request and let them ignore that.

    If they do, follow up with a motion to compel, motion to strike, and motion for sanctions.
    Failure to issue discovery is grounds for summary dismissal. Your lawyer should know this. You were arrested for a misdemeanor not witnessed by the cops? They have no case. Or was it a felony?
    reckless is a misdemeanor. they have no case. it is NOT a felony.

    i explained what happened in another thread but i asked that it was deleted. which is really does not matter because they have nothing and im not going to give them anything.

    basically at about 11:30pm i was coming home from a ~15 hour day at work and two cars were pacing each other under the speed limit.

    i allegedly passed the cars on the dotted line.

    about 5 miles down the road in the city, the city cops stopped and assaulted me on the persons word in the car.

    they went nuts and screamed at me and got in my face with their batons out all around me when i gave them my concealed permit.

    they did not have PC to arrest me.

    1. splitting cars is a traffic fine
    2. they shouldn't arrest on (double) hearsay over the dispatcher

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    jopencarry wrote:
    ODA 226 wrote:
    Damn JOHNNYB! You should slow down! Don't you know that spliting cars is illegal?! And DANGEROUS! Heck, you could have killed yourself or that poor family!

    I can't believe you bowed down to the man! Stand up for yourself JohnnyB!

    BTW: Thanks for contributing more to my Retirement Fund! I never knew you cared so much!
    what the hell is that supposed to mean? I haven't paid anything and i won't pay anything
    Heck JOHHNYB! How many times have you told me that you pay my salary?! This tremendous fine you are going to pay is going to help fund my retirement! :P

    Thanks JOHNNYB/JohhnyBliss/TipsyMcStagger/jopencarry/jethro or who ever you want to call yourself today! The man is gettin' PAID! YIPPEE!

    Keep acting the way you do and pretty soon you'll only be able to drive a skateboard (but not in Baltimore) or sexy little inline rollerblades! With Reno 911 hotpants of course!
    Bitka Sve Rešava!
    B-2-10 SFG(A)/ A-2-11 SFG(A) 1977-1994

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    Were the persons (witness/complainants)who called 911 in court? No sworn tesitmony from the accuser(s)? No LEO observations (I assume). They have no case otherwise.... unless they access this forum. Inwhich case your Res Geste statements could be used as Prima Facie evidence that you did in fact 'split' between the cars. That said... if the complainants hadn't been deliberately obstructing traffic in the first place... there'd been no problem.

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    ODA 226 wrote:
    jopencarry wrote:
    ODA 226 wrote:
    Damn JOHNNYB! You should slow down! Don't you know that spliting cars is illegal?! And DANGEROUS! Heck, you could have killed yourself or that poor family!

    I can't believe you bowed down to the man! Stand up for yourself JohnnyB!

    BTW: Thanks for contributing more to my Retirement Fund! I never knew you cared so much!
    what the hell is that supposed to mean? I haven't paid anything and i won't pay anything
    Heck JOHHNYB! How many times have you told me that you pay my salary?! This tremendous fine you are going to pay is going to help fund my retirement! :P

    Thanks JOHNNYB/JohhnyBliss/TipsyMcStagger/jopencarry/jethro or who ever you want to call yourself today! The man is gettin' PAID! YIPPEE!

    Keep acting the way you do and pretty soon you'll only be able to drive a skateboard (but not in Baltimore) or sexy little inline rollerblades! With Reno 911 hotpants of course!

    Why goad somebody like that about a possible traffic violation? His traffic violation is of minor consequence, but the police abuse over his firearms permit is a serious matter in this forum.


    You may not like his attitude, but our rights are not based upon our congeniality. If his rights as a gun owner were trampled then put the criticism where it belongs, on the power hungry cops that abuse those that do not cave to their warped tyrannical excess.

    He wore his gun outside his pants for all the honest world to see. Pancho & Lefty

    The millions of people, armed in the holy cause of liberty, and in such a country as that which we possess, are invincible by any force which our enemy can send against us....There is no retreat but in submission and slavery! ...The war is inevitable–and let it come! I repeat it, Sir, let it come …………. PATRICK HENRY speech 1776

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    Why are we trying this case here? You have a lawyer, let him handle it. If he isn't, get another.

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    ODA 226 wrote:
    jopencarry wrote:
    ODA 226 wrote:
    Damn JOHNNYB! You should slow down! Don't you know that spliting cars is illegal?! And DANGEROUS! Heck, you could have killed yourself or that poor family!

    I can't believe you bowed down to the man! Stand up for yourself JohnnyB!

    BTW: Thanks for contributing more to my Retirement Fund! I never knew you cared so much!
    what the hell is that supposed to mean? I haven't paid anything and i won't pay anything
    Heck JOHHNYB! How many times have you told me that you pay my salary?! This tremendous fine you are going to pay is going to help fund my retirement! :P

    Thanks JOHNNYB/JohhnyBliss/TipsyMcStagger/jopencarry/jethro or who ever you want to call yourself today! The man is gettin' PAID! YIPPEE!

    Keep acting the way you do and pretty soon you'll only be able to drive a skateboard (but not in Baltimore) or sexy little inline rollerblades! With Reno 911 hotpants of course!
    don't feed the trolls

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    Sonora Rebel wrote:
    Were the persons (witness/complainants)who called 911 in court? No sworn tesitmony from the accuser(s)? No LEO observations (I assume). They have no case otherwise.... unless they access this forum. Inwhich case your Res Geste statements could be used as Prima Facie evidence that you did in fact 'split' between the cars. That said... if the complainants hadn't been deliberately obstructing traffic in the first place... there'd been no problem.
    I HAVE NOT GONE TO COURT YET.

    they are requesting a settlement conference. because they are LOSERS and have NO CASE.

    I have no idea IF it goes to trial if they will be there. i assume they will. (the people in the car). But, since technically the state of oregon is my accuser, not these people. they probably are not required to show up. If the state of oregon is my accuser, all evidence they obtained from these "witnesses" is hearsay.

    But once again, splitting cars IS A TRAFFIC TICKET. NOT RECKLESS DRIVING. LEOs can't decide for themselves they want to turn a simple ticket into a CRIME.

    thats like saying you go 10 over the speed limit, the cops don't like that you have a gun and they charge your with reckless. thats exactly what happened here. not to mention that i was assaulted verbally and physically, and also that the DA signed off on the charges knowing full well what the evidence was, and they deliberatly tried to withhold evidence hoping i would plead out and take a fine.

    [line]814.240 Motorcycle or moped unlawful passing;
    (b) Operates a moped or motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.
    (3) The offense described in this section, motorcycle or moped unlawful passing in a lane with a vehicle, is a Class B traffic violation.

    153.018 Schedule of penalties... may not impose a term of imprisonment.
    (b) $360 for a Class B violation.
    [line]



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    deanf wrote:
    Why are we trying this case here? You have a lawyer, let him handle it. If he isn't, get another.
    he is handling it, i'm just posting what is happening.

    because people did not believe me when i told them what happened

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    jopencarry wrote:
    deanf wrote:
    Why are we trying this case here? You have a lawyer, let him handle it. If he isn't, get another.
    he is handling it, i'm just posting what is happening.

    because people did not believe me when i told them what happened
    WeSTILL don't believe you JohnnyB! Troll! HAHAHA! Go to your little motorcycle board and cry like a little baby there...you're not going to get any sympathy here.
    Bitka Sve Rešava!
    B-2-10 SFG(A)/ A-2-11 SFG(A) 1977-1994

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    jopencarry wrote:
    codename_47 wrote:
    They also ignored my FOIA request.
    As they should. You are in court. Hit them with a discovery request and let them ignore that.

    If they do, follow up with a motion to compel, motion to strike, and motion for sanctions.
    Why should they ignore it? I'm not trying to be a ass i'm really curious as to why.

    They did ignore my attorney's discovery request. They still have not given him the evidence. he had to take pictures of the evidence with his camera because they did not have copies.

    motion to strike meaning strike all that evidence from the record because they did not share it? What would motion for sanctions do?

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    I'm not familiar with the term "splitting cars." Doesn't sound like much of a crime unless it involves big chainsaws, perhaps.

    -ljp

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    Legba wrote:
    I'm not familiar with the term "splitting cars." Doesn't sound like much of a crime unless it involves big chainsaws, perhaps.

    -ljp
    splitting cars is passing in between cars in on the dotted line on a multiple lane road.

    its legal in several states including california.

    its not a crime, its a traffic ticket in every state where its "illegal"

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    jopencarry wrote:
    Legba wrote:
    I'm not familiar with the term "splitting cars." Doesn't sound like much of a crime unless it involves big chainsaws, perhaps.

    -ljp
    splitting cars is passing in between cars in on the dotted line on a multiple lane road.

    its legal in several states including california.

    its not a crime, its a traffic ticket in every state where its "illegal"
    I gather you mean on a motorcycle then... That would most likely be charged as "reckless operation" here (Ohio) and you could get arrested for that, although ticketing would be more likely, unless you caused a wreck. Then you'd get racked for sure.

    -ljp

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    well i don't live in ohio. and in oregon its a traffic ticket.

    and i am not guilty of this allegation anyways.

    [line]814.240 Motorcycle or moped unlawful passing; penalty. (1) A motorcycle operator or moped operator commits the offense of motorcycle or moped unlawful passing in a lane with a vehicle if the operator does any of the following:

    (a) Overtakes and passes in the same lane occupied by the vehicle the operator is overtaking, unless the vehicle being passed is a motorcycle or a moped.

    (b) Operates a moped or motorcycle between lanes of traffic or between adjacent lines or rows of vehicles.

    (2) This section does not apply to a police officer in the performance of official duties.

    (3) The offense described in this section, motorcycle or moped unlawful passing in a lane with a vehicle, is a Class B traffic violation. [1983 c.338 §689]

    ---------------------------------------------------------

    153.018 Schedule of penalties. (1) The penalty for committing a violation is a fine. The law creating a violation may impose other penalties in addition to a fine but may not impose a term of imprisonment.

    (2) Except as provided in this section, a sentence to pay a fine for a violation shall be a sentence to pay an amount not exceeding:

    (a) $720 for a Class A violation.

    (b) $360 for a Class B violation.

    (c) $180 for a Class C violation.

    (d) $90 for a Class D violation.

    (e) The amount otherwise established by law for any specific fine violation.

    (3) If no special corporate fine is specified in the law creating the violation, a sentence to pay a fine for a violation committed by a corporation shall be in an amount not to exceed twice the fine established under this section for a violation by an individual. If a special corporate fine is specified in the law creating the violation, the sentence to pay a fine shall be governed by the law creating the violation.

    (4) If a person or corporation has gained money or property through the commission of a violation, instead of sentencing the defendant to pay the fine provided for in subsection (2) or (3) of this section, the court may sentence the defendant to pay an amount fixed by the court, not exceeding double the amount of the defendant’s gain from the commission of the violation. For the purposes of this subsection, the defendant’s gain is the amount of money or the value of property, as determined under ORS 164.115, derived from the commission of the violation, less the amount of money or the value of property, as determined under ORS 164.115, returned to the victim of the violation or seized by or surrendered to lawful authority before the time sentence is imposed. [1999 c.1051 §6; 2003 c.737 §103]
    [line]

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