Good Day,
First I must tell you I'm a Canadian and I drive a Semi Truck.
On 11/24/2001 at 01:00 I was in Indiana, at a TruckStop. Some guy backed in my truck and took off without leaving his name or address. The Porter County Sherriff came and took my complain and I went to sleep.
When I woke at 09:00 I had to go to another TruckStop to get my Right Hand Mirror so I put it in gear and go out the truck stop driveway. I make my stop. There is a Police car, about 1200 ft. on my left hand side, and not another vehicule.
I decide that I have time to cross hwy #20 and as I get out of the lot, my mirror start to fall, so I liftmy foot from the accelerator, and I want to downshift and misshift.
The police car had to stop in front of my trailer, witch was not crossed the street. When I finished crossing that street, the police car just made a U-turn; no flasher, no flashing light (disco light), came to stop me. He asked me my driver's licence, truck registration and insurance.
When he came back with the ticket it was "FAIL TO YIELD".
When I started reading the ticket I remarqued the followingdetail that were wrong:
My name was wrong. He marked JAMES instead of
JIMMY, witch is my real name on my driver's licence.
Also, on the truck description he marked the plate
licence number as RJ-14489 instead of the real
plate number L-178710.
In the Prov. of Quebec, a plate starting by letter "R" meand it's a trailer plate and a plate starting by "L" mean it's a truck.
I had a court date or 12/31/01, and I went and there was no court that day. They gave me a new court date of 01/27/02 and I went and again a new court date this time in 02/2002 and then 03/2002 and then 04/2002 and again 05/2002 but this time I was sick, at the hospital, and condemned me to $188.00 fine even tho I phoned and told them I was in the hospital. The answer of the secretary was: "It's not our problem"
I received the fine andI did not pay it; and the I received a driver's licence suspension but under the name of JAMES.
I wrote them that I din't bother me because the name of the driver's licence holder was JAMES and thatmy name on the the licence was JIMMY and since I was at writing them I just let go my steam and gave them shit for the lost of time andproblem that they cause me.
2 months ago they sent me another court date but this time under my real name. I went there and again it was put on 11/14/2002 .
The last time I went there, I asked a copy of my ticket, and I was giving a brand new ticket under my real name, and again the wrong licence plate number !!!!!!
I'm going there this week and I was wondering if any of you got any Ideas how to defend myself ????????
If I win my case, can I sue the Sherriff department and also the prosecutor for all the expenses it cost me (approx. $4500.00 cdn.)
for all those trips. (hotels room, meals lost working days) etc.
Thank's for your ideas.
kelj2001@hotmail.com
First I must tell you I'm a Canadian and I drive a Semi Truck.
On 11/24/2001 at 01:00 I was in Indiana, at a TruckStop. Some guy backed in my truck and took off without leaving his name or address. The Porter County Sherriff came and took my complain and I went to sleep.
When I woke at 09:00 I had to go to another TruckStop to get my Right Hand Mirror so I put it in gear and go out the truck stop driveway. I make my stop. There is a Police car, about 1200 ft. on my left hand side, and not another vehicule.
I decide that I have time to cross hwy #20 and as I get out of the lot, my mirror start to fall, so I liftmy foot from the accelerator, and I want to downshift and misshift.
The police car had to stop in front of my trailer, witch was not crossed the street. When I finished crossing that street, the police car just made a U-turn; no flasher, no flashing light (disco light), came to stop me. He asked me my driver's licence, truck registration and insurance.
When he came back with the ticket it was "FAIL TO YIELD".
When I started reading the ticket I remarqued the followingdetail that were wrong:
My name was wrong. He marked JAMES instead of
JIMMY, witch is my real name on my driver's licence.
Also, on the truck description he marked the plate
licence number as RJ-14489 instead of the real
plate number L-178710.
In the Prov. of Quebec, a plate starting by letter "R" meand it's a trailer plate and a plate starting by "L" mean it's a truck.
I had a court date or 12/31/01, and I went and there was no court that day. They gave me a new court date of 01/27/02 and I went and again a new court date this time in 02/2002 and then 03/2002 and then 04/2002 and again 05/2002 but this time I was sick, at the hospital, and condemned me to $188.00 fine even tho I phoned and told them I was in the hospital. The answer of the secretary was: "It's not our problem"
I received the fine andI did not pay it; and the I received a driver's licence suspension but under the name of JAMES.
I wrote them that I din't bother me because the name of the driver's licence holder was JAMES and thatmy name on the the licence was JIMMY and since I was at writing them I just let go my steam and gave them shit for the lost of time andproblem that they cause me.
2 months ago they sent me another court date but this time under my real name. I went there and again it was put on 11/14/2002 .
The last time I went there, I asked a copy of my ticket, and I was giving a brand new ticket under my real name, and again the wrong licence plate number !!!!!!
I'm going there this week and I was wondering if any of you got any Ideas how to defend myself ????????
If I win my case, can I sue the Sherriff department and also the prosecutor for all the expenses it cost me (approx. $4500.00 cdn.)
for all those trips. (hotels room, meals lost working days) etc.
Thank's for your ideas.
kelj2001@hotmail.com
