113 in a 65

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sweet1

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My husband, Rick, just got off the night shift at 0100. He was doing normal speed (50 at night). There was a vehicle approaching him from a high-rate speed from behind. He made a right at a stop sign along the interstate. The vehicle behind him, a jeep, started to pass him on the on-coming lane. He hesitated as he was about to pass him and stayed beside Rick. About 2 secs later, the jeep sped off down the service road and Rick lost his line of site in about 5 secs. About 2 mins later, Rick got onto the interstate and right before approaching the interstate freeway intersection, the same jeep flew by him on the left lane. The jeep then jumped onto the right lane (where Rick was) and slammed on his brakes. Rick, in return, hit his brakes to avoid rearending him. Rick then changed lanes at the same speed (65). The jeep jumped in front of Rick again and stomped on his brakes again. Rick went back into the right lane, the jeep driver repeated it again, stomping on his brakes once more. Once the jeep did that, Rick passed the jeep and accelerated faster to get away. He heard the jeep driver accelerate and stayed behind Rick for about 5 secs. Rick was trying to find a good exit, but was unsure of the way to the police dept (intending to go there). He continued his speed in search for an exit. Right before he was going to take an exit, highway patrol on the oncoming lane turned around and stopped Rick for speeding. As the trooper pulled him over, the jeep pulled by.
Rick asked the trooper if he's seen what happened and the trooper's response: "You were going too fast. That was the fastest I've ever caught anybody at."
Today, Rick appeared in court in hopes to fight this. The speeding ticket for 113 mph was dismissed and was now being charged for reckless driving as a class B misdemeanor. He was told by the prosecutor that he is facing possible jail time.
In the military, we are trained to avoid situations where we could possibly be boxed in when followed by a potential threat. We are trained to evade until we either find a US Embassy or a police station. This being a US state, Rick was in search of a police station.
Could someone please give us some input as to what our chances are for winning this case? Or do we have no chance at all? Thank you in advance.

Cecilia
 
What state?

Obviously the court did not buy the story so take this very seriously as he is potentially facing serious long term consequences.

For most parts of the country, he seriously needs a good experience lawyer to avoid a criminal record and jail time.
 
Well that's the problem. The court didn't even hear the story. The trooper did, but just brushed it aside. The asst district attorney went to Rick and said, "The judge wants me to tell you that the charges for speeding have been dropped and you are being charged for reckless driving." They didn't even hear the case. He went, waited to be heard, and got told that.

Oh, it's Texas, btw.

Thanks for responding, Robbie.
 
The story has little chance fly in court, probably best it was not heard.

Did you notice any similar cases? Sometimes it is good to spend a morning in court to observe what happens and see which attorneys have the best results.

I'm not familiar with law in the Great Nation of Texas but I would use the time to find a good attorney.
 
From the Texas Transportation Code
----------------------------------------------------
§ 545.401. RECKLESS DRIVING; OFFENSE. (a) A person
commits an offense if the person drives a vehicle in wilful or
wanton disregard for the safety of persons or property.
(b) An offense under this section is a misdemeanor
punishable by:
(1) a fine not to exceed $200;
(2) confinement in county jail for not more than 30
days; or
(3) both the fine and the confinement.
 
We haven't received a court date yet. Thank you for your replies, Robbie. We'll be crossing our fingers on this one.
 
I would say that the chances of Jail Time are pretty high in this case. I would recommend that you visit the court a couple of times to have a feel of Judge's attitude. You would also come to know whether he prefers to hear directly from the defendants or defense attorneys. Believe me, some judges just dont like to listen to the defense attorneys. You can probably do a better job yourself. When you're presenting your case make sure that it should not look as if you're trying to defend yourself or as if you are scared of the consequences of loosing. And remember, do not lay much emphasis on your speed. It doesnt make a difference if you were going 80,113 or 150 mph, you were just trying to evade a substantial threat and survival and safety were your top priority and not your speed. However, do take professional advise before
presenting yourseld and make sure you take some military documents that instruct you to seek a U.S. embassy in case of danger and present them in court.

If the prosecutor attacks you with something like," WHY YOU DINT PULL OVER AT a GAS STATION" Say that doing that would've made you a stationary target which the military training strictly warns you against and present military training manuals or testify about your training classes. If you get a lawyer then make sure he doesnt commit any stupidity by asking for radar calibation certificates or anything that would jeoperdize the credibility
of your defense.

Hope it helps.
 
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