No hope, boyo.
If an issue such as that misspelled name is raised, the prosecutor merely
dismisses the charge against Linhoff, and refiles it against Linnhoff. He
can do that anytime before the statute of limitations runs out.
Then the cop testifies, "Yes, I recognize the defendant from the abrasions
on his knuckles," and it is established you are the miscreant he stopped.
Throw yourself on the mercy of the court, plead mitigating circumstances
(the guy in front slowed down) but don't protest your innocence too
stridently. Get the new tags BEFORE you go to court, so you can show you
took care of your legal responsibility there. That's why you got stopped in
the first place, of course, and FTC was merely an add-on.
Sometimes (not a majority of the time) it works to visit the prosecutor and
exhuding contrition explain how the FTC offense came to be and note that you
have taken care of the tags. The FTC might get dismissed in trade for a plea
to the tags (lesser charge, non-moving) and a fine. Worst that can happen is
he says no. Might even point out the misspelling so their records are right.
It'll catch up anyway through the DL number.
Or, in trial, try this: "I'm an experienced motorsport competitor, yer honor
... I wasn't tailgating, I was drafting!" ;-)
--Rocky
(not a lawyer, but 10 years of my newspaper career on the courts beat)
----- Original Message -----
From: "Knuckledragger" <knuckledragger@kcweb.net>
To: "Autox list" <autox@autox.team.net>; "Evolution"
<evolution-discussions@yahoogroups.com>; "kcautox" <kcautox@yahoogroups.com>
Sent: Thursday, October 24, 2002 4:35 PM
Subject: [kcautox] Need a legal eagle
> I've got a legal question for any folks in the audience that are more
versed
> in legalese than myself. Specifically regarding traffic laws.
>
> Here's the deal. About a month ago I received a ticket for expired tags
and
> "following too closely". Yes, the tags were expired as I simply hadn't
got
> around to renewing them. And yes, at the exact moment that the officer
> chose to light up the morning sky with his cherries, I was indeed
following
> too closely (for his taste) to the vehicle in front of me.
>
> To make a long story short, I pulled into the next left lane and the car
> that I pulled in behind chose then to slow down, decreasing the gap
between
> us and therefore in the eyes of Johnny Law I was following the other car
too
> closely.
>
> Anyway, here's my quandary. I called the county courthouse today to ask
the
> DA's office what I should bring with me. Stuff like proof of
> re-registration, proof of insurance, a fat wallet, etc. But when they
went
> to search their computer system for my "account", my name was nowhere to
be
> found.
>
> After much searching, they found my "account" listed under "Linhoff,
Eric".
> My legal name is Linnhoff, Eric, with two n's in my last name. I looked
at
> the ticket that the officer awarded me and low & behold, there too was
this
> Linhoff guy's name.
>
> Now I don't know about you, but I would sure think that I could get off
> scott-free on the technicality that I am not this "Linhoff" character that
> was pulled over that fateful morning one month ago. My legal birth name
is
> "Linnhoff, with two n's. My specific question to those who have much
> greater knowledge of such things than do I is, do I have a legal leg to
> stand on with this line of argument?
>
> Eric Linnhoff in KC
> '98 Dodge Neon STS #69
> www.geocities.com/eric10mm/KnuckleDragger
> "A banker is a fellow who lends you his umbrella when the sun is shining,
> but wants it back the minute it begins to rain."
> Mark Twain
>
>
>
> ------------------------ Yahoo! Groups Sponsor ---------------------~-->
> Plan to Sell a Home?
> http://us.click.yahoo.com/J2SnNA/y.lEAA/jd3IAA/vBfwlB/TM
> ---------------------------------------------------------------------~->
>
>
>
> Your use of Yahoo! Groups is subject to http://docs.yahoo.com/info/terms/
/// unsubscribe/change address requests to majordomo@autox.team.net or try
/// http://www.team.net/mailman/listinfo
/// Partial archives at http://www.team.net/archive
|