jopencarry
Banned
imported post
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.
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.