Other Criminal Charges & Offenses Need help with criminal charge involving accidenatally going around a roadblock!!!

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ednchrishk

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I am in despearte need of advice....There was an fatal accident where a driver struck a child crossing the road. After the incident occured, which was early morning, I approached what looked to be a police car partially bloacking the my lane but facing me, with a blue unmarked car facing the opposite direction in the opposite direction turn lane( which I did not realize was a police car). I did not perceive it to be a roadblock as there were no ambulances or firetrucks, or any visible activity for that matter....It just looked like the marked police car had pulled the blue car over and I was not sure what was happening, and simply proceeded slowly and cautiously past them going slightly on the shoulder. After passing them, the marked car pulled out and pulled me over. He approached screaming at me...his first response was..."didnt you see me waiving my arms? He told me that there had been a fatality and they were searching for evidence. I exclaimed in shock..."Oh my God was that a roadblock"? He told me he could take me to jail but instead gave me a summons to report to court for "refusing to obey a police officer" which is considered a criminal act(misdemeanor). I showed up in court..the police officer was not present. The judge said she could not determine who was at fault and asked if I wanted to get a lawyer. I said "Yes, since I am not a criminal" and obtained a lawyer for $750. He didnt even consult with me before the court appearance. Then we get there and I am not even allowed to go in the courtroom since he was representing me(very strange to me). He comes out and says the court wants you to plea "guilty" and write apology letters to the two officers who were at the roadblock in exchange for a "guilty" verdict but witholding adjudication....I do not know about law and I thought that it would be on my record with this verdict and was unsure what to do....really a principle issues as my misnterpretation of the scene and going around a police car doesnt make me a criminal IMO... My "lawyer" did not consult with me at all on what he thought I should do and we left without telling the court anything...should I have taken the plea bargain right on the spot or have I missed my opportunity to take this option? If not, how long do I have to respond to the offer? If I write the letter and get the witholding of adjudication, will it be on my record and potentially keep me from getting employment? If so, am I eligible to get it sealed or expunged? WHAT DEFINES A ROADBLOCK? Was I wrong because I partially went on the shoulder to get around? I have never been charged with anything ever other than a once in while speeding ticket.....I am just a law abiding citizen who misinterpreted and roadblock where No police officers were in front of the "roadblock" directing traffic away.....the crime scene was almost a quarter mile long so I ddint see anything else.....Someone please advise me ......Thanks in advance!!
 
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You were offered a great deal. You do a few months probation, probably unsupervised, and the entire thing goes way. You would have no record of the conviction. you only have to stay outta trouble for a few weeks and this thing never happened. Stop being silly. They're giving you a break. Take it, if you still can.
 
Thanks for the advice...my only point is that I am not guilty of disobeying as no direction was ever given.....the marked police car was only partially blocking the road and the unmarked car was facing the opposite direction...Because there was no ambulance, fire truck or wrecker, this only looked like a pullover which involved two police cars and they had remained to talk after the motrist was gone....They were just leaning against their cars talking, not standing in front intercepting any cars from entering...In Florida we have a "move over law" which staes you must move over one lane if there are two or more lanes when appraoching an emergency vehicle or if not, slow down twenty mph lower than the posted speed limit. I spoke to my friend who is a sargeant for Orange County, Florida Sheriffs office and she thinks that because they were not directing traffic, nor completely blocking the road, it was a failure on their part to secure the area and it was a misleading circumstance. She told me not to plea "guilty" but only plea "no contest" as I did not disobey anything, just was unaware of where to go. Another point was that the actual crime scene was almost a quarter mile or so up the road so you could not see any other emergency vehicles...There is a photo of the scene which I am not allowed to post because I have not yet posted 10 or more times on this forum but it shows the unusual scene and placement of unmarked car...if you search on the internet..... boy killed at bus stop, it should bring up the Orlando Sentinel article link with picture...Thanks again.....
 
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Your friend gave you ridiculous advice.

You'll never beat this charge.

There is no difference between a "no contest" plea and a guilty plea. The end result is a conviction.


The only time one might consider pleading "no contest" is if a civil trial was on the horizon.


If you're smart, you'll take the deal. If you try to fight this, guess which version of these events a judge will believe?
 
So should I plead not guilty because there was no one directing the traffic away and the fact that after he pulled me over, he asked" didnt you see me? This leads me to asume that he did not know if I acknolwedged him. How can I be charged with disobeying if he never spoke to me or directed by before I passed? I may have been ignorant to the roadblock and misintepreted the scene but does that make me a criminal and eligible to be charged with a misdimeanor for criminal disobedience to a police officer? Is it illegal to go around a police car if you see no police activity an dit is only partially blocking a road? Because of the move over law, I made an on the spot decision to proceed safely by.... I really appreciate your advice ARMY JUDGE............
 
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You're free to do anything you wish, OP.

That even includes contesting the charge.

Be forewarned, the powers that be don't like you to resist.

They want to only apply the KY and do a thorough job on your "you know what" when you fight!!!
 
so one question I have not been able to get answered anywhere is....What is the law that states you can not go around what you interpret to be an islolated blockage that can be safely driven around? Is there an actual law that says you cannot go around a police roadblock period...even if it is not obvious? I dont deny that i made a split second judgement but they are trying to charge me with criminal intent to disobey a police officer.....HE never communicated with me until after the fact.....

I do acknowledge the saying....."it's not what you know, its what you can prove".......I dont know how to prove that I didnt disobey them as there were two police officers words aginst mine but the very first thing he said to me when he pulled me over was.... "didnt you see me"? wouldn't that show reasonable doubt that I didnt and therefore contradict that I deliberately disobeyed him?

Finally, if I deduce that I may not be able to fight this charge and win, can I change my "not guilty" plea given at the arraignment and change it to the Guilty with the court witholding adjudication before my next appearance?
 
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OP, you have an attorney.

I suggest you discuss all of your concerns with YOUR attorney.

This isn't a murder case.

Traffic court isn't the fantasies portrayed on television.

You're overthinking.

No one cares (especially a traffic court judge) about the crap you're concerned about.

Remember the KY Jelly. They do use it!
 
I hear what you are saying Judge but can you answer my question? What is the expected thing to do if there is police car partially blocking a road and the police office is not engaging traffic to detour? Also, how does going safely around an ambiguos scene become failure to comply with a police officer? I agree that they would stick it to me if I dont go along with their wishes but I dont think any law was broken.........and it should only be a failure to yeild moving violation....B.T.W.thanks for spending time on this issue..it is very surreal to me as I cant find anything about police cars in the road other than dui checkpoints. If there is some statute that says dont go around a police car no matter what even if you dont see any activity and the officers is just casually talking, than please enlighten me and I will plead guilty of the charge.........
 
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ednchrishk said:
Thanks for the advice...my only point is that I am not guilty of disobeying as no direction was ever given
Click to expand...

It sounds as if you made an illegal pass on the right shoulder to get around the vehicles. You might be able to argue about not recognizing the roadblock, but they could still get you on a traffic violation or two.

I think the apology letter is pretty silly- you don't owe anyone an apology. However, if you are being offered a way out that will ultimately leave you with a clean record and will not effect your insurance in any way, then it is a good deal and you should take it. Write the silly letters.... they don't have to be sincere.

Dear Officer So and So,
I'm so sorry that you got your feelings hurt. I certainly did not intend to make you feel so small and insignificant. I'm told my neighbor's uncle is a good therapist who will give you a good deal if you need one. Get in touch and I can put the two of you in contact.
Under Duress,
Me

...Jerk
 
mightymoose said:
Dear Officer So and So,
I'm so sorry that you got your feelings hurt. I certainly did not intend to make you feel so small and insignificant. I'm told my neighbor's uncle is a good therapist who will give you a good deal if you need one. Get in touch and I can put the two of you in contact.

Under Duress,
Me

...Jerk
Click to expand...


Now, that is some funny ca-ca!!!

Thanks for the chuckle!
 
The Lawyer told me this morning that he is trying to get it reduced or thrown out as the police never gave any directive................
 
That sounds very reasonable.
Had the officer been standing there directing traffic the charge against you would make more sense.
From what you describe it sounds as the best they could have stuck you with was something regarding passing on the right shoulder.
 
I agree...one other thing that helps my defense is the heavy tree cover over the road which prevents you from seeing furthur up the road....If i had a visual of other police cars furthur up, i would have deducted it was a roadblock....But these officers definetely dropped the ball by not even realizing I was ther until after I went by.....they must have been ordering donuts off their laptop.....
 


This is very accurate to the scene....see how it looks like it could have been police activity other than a roadblock.........
 
Hmm...
ya..... you probably should have gotten a better look at things before you went around those cars.
I still say you were charged under the wrong code though. Without the officer out there actually directing traffic I don't think that one works.
Expect to get it reduced to something else... I doubt you will beat it entirely though.
 
Never tried to argue I shouldnt have gone through...or even contesting that I dont deserve a moving violation...just contesting I never criminally disobeyed anyone...Lets face it, not knowing where to go when there is room to get around, nothing visibly in the road ahead and no one directing should not punish me with a misdemeanor and record.....
 
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