Traffic violation procedures
in Criminal and Misdemeanor Law ·
Dear urbanraven16 and everyone else willing to lend a hand...
To put it bluntly, I have made a complete mess of things.
I decided to get behind the wheel after having a beer and drove back home to Chicago. And then, naturally, here they come right behind me; I thought to myself, perhaps I should just pull into this little side street so they might continue on their way without incident. However, they followed me, and the lights on their patrol vehicle began flashing. Almost simultaneously—perhaps even within the same nanosecond, as I pulled over the moment I realized they were pursuing me—I came to a halt in front of a driveway entrance. It wasn't strictly legal, though I certainly wasn't blocking the flow of traffic, but I shut off the engine and sat there.
An officer stepped out, knocked on my window, and requested my documentation, which I provided.
He asked if I would submit to a breathalyzer test, and I declined.
He informed me that the fine would be $2000 under the new Traffic Safety Act.
I attempted to appeal to his sense of reason and asked for some understanding, but he was unmoved.
The officer filled out a form and handed it to me along with my documents. As I reached only for my papers, avoiding the slip itself, he simply tucked the citation into my vehicle.
I should clarify that I did not sign anything; I merely surrendered the identification requested of me.
On the document, in addition to noting my refusal, there is a remark stating that I smelled strongly of alcohol, despite the fact that I never once exited the vehicle. In my estimation, this is nothing more than his subjective interpretation, and quite frankly, it was entirely inappropriate for him to include.
I left the car where it stood—though I did move it to a legal spot about thirty minutes later—and finished the journey home on foot.
I am feeling somewhat lost... I am currently unemployed, and the weight of this situation feels quite overwhelming.
I would truly appreciate any legal insights you might offer regarding how I might minimize the penalty. To those who might wish to lecture me: please spare me the moralizing, as I am already fully aware of my error. Thank you.
My questions are as follows:
Do these official vehicles—I am not entirely certain, as it didn't seem to be an interceptor, just a standard cruiser—possess cameras that could prove I was actively driving? My argument would be that I was parked, whether legally or not, and therefore there was no justification for a sobriety test. I am perfectly willing to pay a parking ticket if necessary... hmm...
And regarding the new Traffic Safety Act, I don't even want to consider the statute of limitations because I doubt I have a chance there... or do I?
Is there any hope for me at all?
To put it bluntly, I have made a complete mess of things.
I decided to get behind the wheel after having a beer and drove back home to Chicago. And then, naturally, here they come right behind me; I thought to myself, perhaps I should just pull into this little side street so they might continue on their way without incident. However, they followed me, and the lights on their patrol vehicle began flashing. Almost simultaneously—perhaps even within the same nanosecond, as I pulled over the moment I realized they were pursuing me—I came to a halt in front of a driveway entrance. It wasn't strictly legal, though I certainly wasn't blocking the flow of traffic, but I shut off the engine and sat there.
An officer stepped out, knocked on my window, and requested my documentation, which I provided.
He asked if I would submit to a breathalyzer test, and I declined.
He informed me that the fine would be $2000 under the new Traffic Safety Act.
I attempted to appeal to his sense of reason and asked for some understanding, but he was unmoved.
The officer filled out a form and handed it to me along with my documents. As I reached only for my papers, avoiding the slip itself, he simply tucked the citation into my vehicle.
I should clarify that I did not sign anything; I merely surrendered the identification requested of me.
On the document, in addition to noting my refusal, there is a remark stating that I smelled strongly of alcohol, despite the fact that I never once exited the vehicle. In my estimation, this is nothing more than his subjective interpretation, and quite frankly, it was entirely inappropriate for him to include.
I left the car where it stood—though I did move it to a legal spot about thirty minutes later—and finished the journey home on foot.
I am feeling somewhat lost... I am currently unemployed, and the weight of this situation feels quite overwhelming.
I would truly appreciate any legal insights you might offer regarding how I might minimize the penalty. To those who might wish to lecture me: please spare me the moralizing, as I am already fully aware of my error. Thank you.
My questions are as follows:
Do these official vehicles—I am not entirely certain, as it didn't seem to be an interceptor, just a standard cruiser—possess cameras that could prove I was actively driving? My argument would be that I was parked, whether legally or not, and therefore there was no justification for a sobriety test. I am perfectly willing to pay a parking ticket if necessary... hmm...
And regarding the new Traffic Safety Act, I don't even want to consider the statute of limitations because I doubt I have a chance there... or do I?
Is there any hope for me at all?