xXGadfly09Xx
Banned
the shoulder of the road is not there for you to "chill"
Go back to drivers ed
Go back to drivers ed
Loitering
- Thread starter t56speed
- Start date
You should ask the judge to race! Tell him if you win you're off free and clear!:banana:
I suggest you read the very broad statute as enacted in Arkansas. According to the OP's own account he meets the elements of the crime. In Florida he wouldnt.
Peaceful Assembly is not a defense to loitering unless they obtained a permit to be there for a valid reason.
You really want a criminal record? The impact on your life could be major. It will impact you in the future if you need a security clearance for a job or for a professional license, etc.
I would definitely fight it.
+1000
as a general rule, you should never, ever stop on the side of a highway to just chill. chill in a parking lot somewhere. by being on the side of the highway you're distracting other drivers, and absolutely deserve the ticket
Wow, government can make a criminal out of anyone. Maybe a parking ticket would have been fair, but a misdemeanor? thats bs.
You can get a loitering ticket for being an a parking lot as well.
i'm sure you can. and if i was the original poster and got a ticket for being in a parking lot hanging out during a cruise, i'd fight the ticket all the way. we're talking about a bunch of cars pulling off to the side of a freeway. what would the average driver do if they saw a line of cars pulled off on the side of a freeway?? your first instinct is to slow down and look over, taking your eyes off the road. if you can't understand how that could be a distraction to other drivers then i don't know what else to say.
pulling off in a non-designated area on the side of a freeway for any other reason then an emergency is idiotic, and deserves a ticket.
It be no different then someone driving by a parking lot seeing a group of kids hanging around cars.
are you serious?? you think driving by a parking lot with a bunch of cars parked in it is the same as driving by a line of cars pulled off to the side of the road on a FREEWAY?? ever see the dash cams from cop cars where someone rams the patrol car because they're not paying attention??
Around here they'd all get tickets for sure.
Of course he told you to plead guilty, he's the one that gave you the damn ticket!
Unless you already have a felony on your record I would STRONGLY recommend you get an attorney. Don't be short-sighted, in 2011 a criminal record is not something to "lol" about and can have long lasting effects on your life. Your fees/probation are just the tip of the iceburg.
*** DISCLAIMER: This is NOT a slam to any LEO, whether on this forum or not. ***
Police officers are not your friends and they don't give legal advice that will help you, that is what a lawyer is for.
There's a reason the Miranda Warnings state that "Anything you say can and will be used AGAINST you in a court of law."
Are the lawyers there afraid of snow or something?
They are so sugary sweet they melt :beer:
Are you the kind of person that argues a ticket when on the side of the road?
Is he supposed to tell him to plead not guilty, when he's clearly guilty and couldn't possibly win??? :dw: :??:
If you get a traffic ticket and know you are speeding you are not going to go to court and plead that you weren't speeding, you plead guilty and have an excuse in hopes of getting a lesser charge, if you didn't hire an attorney.
Obviously if this was something more severe like an assault, theft or arrestable offense, there will be no help to you on our part and this is more where miranda comes into play. Of course we are going to give you the opportunity to incriminate yourself, in most of these cases we didn't witness what happened and of course we would love you to admit wrongdoing. On something simple like a ticket we more than likely witnessed you act like a fool and we don't need your confession of stupidity (much like this loitering ticket.)
If I weren't getting a lawyer for this I would most definitely go to court and plead stupid (as the Officer already recommended) i.e- "I didn't realize that what I did was a criminal offense and certainly don't want this on my record for something that I now realize wasn't the wisest decision. I now realize what I did was wrong and I won’t do it again."
On a side note:
Tickets are given in hope that there will be a lasting change in action, whatever it is that you do wrong. Admitting that what you did was wrong is half of the battle. Obviously if all you do is get ticket upon ticket you clearly don't learn anything from a ticket or a fine and won’t receive any leniency. Say he goes into court arguing that what he did was safe, shouldn't be against the law, that it isn't fair and the cop is just a jerk will not help his situation. The advice the Officer gave is the best advice outside of getting an attorney. As stated earlier this advice is not the same as advice for a more arrest-worthy offense.
While still on this side note I do not give advice outside of "by signing this ticket it is not a plea of guilt it is stating that you will take care of the ticket within 11 days, at which time it will turn into a warrant(s)."
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You are right about one thing, WE DO NOT GIVE LEGAL ADVICE AT ALL! I am not a lawyer nor will I pretend to be one, you want legal advice, consult an attorney. I will tell you what you are charged with, where to appear and when. And what will happen if you don't. But it has absolutely nothing about being your "friend". :nonono:
This is not the reason for Miranda either. :shrug:
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