Luckily, I avoided a speeding ticket last week…
Dec 13th, 2007 | By Michael L. Saile, Jr., Esq. | Category: Blogs, PA & NJ Speed TrapsAs I traveled up I-95 in Philadelphia last week it was another cloudy and rainy day. As I drank my morning coffee, on my way to work, I merged into the left lane as I normally do to get out of the slow moving and merging traffic. I usually keep my guard up monitoring all traffic around me, including behind me.
For some reason, this morning I was extremely tired. Let’s just say, my guard was down. As I merged into the left lane I was possibly (probably) going above the speed limit, which was 55 m.p.h. Little did I know, in the right lane, on the other side of a truck (which was in the middle lane) was a Philadelphia Highway Patrol officer in a new white dodge charger police vehicle.
Luckily, at the last second as I was about to pass the police vehicle, I caught sight of the police vehicle out of the corner of my eye. I quickly looked behind me, lightly hit the brakes and coasted to the 55 m.p.h. speed limit.
As expected, the police vehicle immediately pulled behind me. I then activated my right turn signal and moved into the middle lane. I am sure the police officer ran my tag and then slowly passed me in the left lane.
Perhaps my clean driving record helped me out? The Philadelphia Police Officer did not have the authority under law to use radar. In order to get me for speeding, he or she would have to pace me with the police vehicle speedometer for a certain distance.
But could the Philadelphia police officer give me a ticket for careless driving or reckless driving? I’m sure if I was pulled over and then was rude to the police officer, he or she would write me a ticket for something.
My points are:
1. If you’re going to break the speed limit (which we don’t recommend) keep a close lookout for the safety of others, your safety, and of course police officers.
2. If you are pulled over, don’t give the police officer a hard time, he or she is only doing their job just like the job that you and I do every day. I know I don’t like people giving me a hard time when I do my job!
The author of this Law Blog, Bucks County PA & Mercer County, NJ criminal attorney, Michael L. Saile, Jr., Esq. of Saile & Saile LLP, Attorneys-at-Law practices both New Jersey and Pennsylvania criminal, traffic violations, and DUI/DWI/DAI law. Check out our website for DUI penalties. We handle all NJ Municipal Court cases including DUI in the following NJ Municipal Courts: Hopewell Township, Ewing Township, Trenton, Lawrence Township, Hamilton, Pennington, and other Mercer County, Burlington County, and Camden County, NJ courts. We also handle lower bucks county DUI and traffic violation cases in the following towns: Bensalem, Southampton, Richboro, Newtown, Levittown, Langhorne, Doylestown, Warminster, Trevose, Feasterville, Warrington, Bristol, Fallsington, Yardley, New Hope, Holland, Washington Crossing, PA, and other Bucks County courts. We handle DUI cases in Philadelphia, Bucks, Chester, Delaware, and Montgomery County, PA. We are located just outside of Philadelphia in lower Bucks County.
If the police officer actaully passed the truck, and the police officer was to the right of the truck, then the police officer broke a traffic code of passinbg on the right, and if it was not an emergency situation, you could of given him a ticket.
I am really sick of the police breaking traffic laws.
Tisk! Tisk! Mr. Saile. As an officer of the court and also in the profession of defending others against traffic violations, I am shocked and appauled that you drive so recklessly on our highways. Drinking coffee while driving (let alone driving in high speed traffic)?? Why weren’t both of your hands on the wheel at 10 and 2??? And “possibly (probably) going above the speed limit, which was 55 m.p.h” I would say definely going above the posted LEGAL speed limit is more like it, otherwise you wouldn’t have reacted in the manner in which you did, as depicted in your recollection of the story. If you were obeying all of the traffic laws there would be no need and no reason to “keep your guard up” for the presence of police. For the sake of all of us on the roadways, lets keep our eyes on the roads and both of our hands on the wheel please and drive at the posted legal speed.
Thank you for sharing your story with the rest of us, so we can see that you, although a highly respected attorney in New Jersey and Pennsylvania, is human and capable of making mistakes just like the rest of us.
All in all, good advise in this blog. Thank you for sharing your story with us and the traffic tips.
Well, I am glad you did not get a speeding ticket.
Your post however brings up so many many issues.
With this public admission as to guilt, could the State send you a summons to appear for speeding?
So many people, like you, like me, like almost probably everyone that drives, goes over the speed limit at some time or another, especially during daily commutes, or trips down the parkway or turnpike.
With you admission of guilt, coulnt any PA citizen sign a complaint against you for speeding?
I guess what I am trying to get at is, how does internet posts and internet typing , relate to court cases?
are they admissible?
Let us say what you typed was true, and that you were speeding.
What if you were pulled ovEr, and becuase of personal issues and the stresses that you have THAT DAY, the officer mistook that for DUI.
Lets us say then, hypotheticaly, you were then arrsted for DUI, and were tested on the alcotest. And becuase of the various instrument issues as to the software and other things, including a possible ulcer for you stresss, bodt tempetture, and just blantant instrument failure, you read out AT 0.08% bac, AND WERE CHARGED OFFICIALLY WITH dui, BUT NOT FOR SPEEDING.
hOW WOULD YOU PERSONALLY FIGHT IT?
I would think you would plead not guilty. And then the State would have to give you a trauil.
Now lets say the PA Supreme Court Ordered your case to proceeed to trial, but 27 months went by, and 11 court appearances, and you still did not get a trail, what would you personally do?
Jim:
To get me for speeding, I would think the State would need a lot more information then something on a public blog.
If the police could bring charges for everyone who spoke candidly on a blog, our courts would be filled with weak and speculative cases.
Furthermore, I did not admit guilt. I said I was possibly (probably) going over the speed limit. As I am sure that you are fully aware, the standard of proof in a criminal case (including traffic violations) is proof “beyond a reasonable doubt” for most elements of crimes.
Therefore, there has to be no doubt(s) that I was speeding. The word “probably” raises many doubts.
In a future blog entry, I will go over the standard of proof needed for a criminal case as opposed to a civil case.
“I quickly looked behind me, lightly hit the brakes and coasted to the 55 m.p.h. speed limit.”
I do not a “probably” ANYWHERE IN THAT SENTENCE.
Please at least try t be honest.Ypu are a typical attorney, … and that wlthough something is written clearly in writting, right above, you will say it isnt there and spin it another way!
That just is not right!
Jim:
Take some time and re-read the blog. Perhaps you would come across this sentence:
“As I merged into the left lane I was possibly (probably) going above the speed limit, which was 55 m.p.h. Little did I know, in the right lane, on the other side of a truck (which was in the middle lane) was a Philadelphia Highway Patrol officer in a new white dodge charger police vehicle.”
I know , then after you said that, you made the admission of guilt.
None of this really matters, … you are not going to get a ticket.
What if there was a liquor store robbery here and the clerk got shot, and I came on this blog and said I “probably ” did it.
I would think there would be an investigation
Perhaps Jim, but how would they prove that you are the person you purport to be on this blog?
Maybe more then one person uses your computer?
I think it would be difficult for the prosecution to prove that you are the person who has been writing these posts, especially if you destroy your computer before they find you.
I CANNOT TAKE ANYMORE!!!
Jim, You are a nut job! Stop posting hypothetical’s on here about DUI. Stick to the blog topics and not your DUI case in every facet of your posts. You always twist whatever Mr. Saile posts on here back to your DUI case on every blog post you make.
Typical Jim Post: BLOG ENTRY: “A child is injured by a toy due to faulty manufacturing”. JIMS REPLY: “The alcho-test that the state got me with a DUI for might have been made by the same company that injured that child. Mr. Saile, could the Alcho-tester have the same faulty wiring as the toy that injured that child?? What if as I was blowing into it and I got injured could the state still prosecute me with a DUI? Could I sue the state for injuring me? What if the Alcho-test burst into flames immediately after I blew into it??, could I say that it was faulty and my results of the test inadmissible????”
I know that isn’t a typical Jim post, because there are too many correctly spelled words, but you get the idea. Stop relating everything in the world to your situation!!!! Stick to the topics Please!!
LOL
Flamed!
Kevin, I never said that at all.
WHY WOULD YOU MAKE THAT UP.
Also, i never once mentioned my dui on the topic that is above
Mr. Saile, my attorn ey referenced this blog in the motion to the court to be relieved from my case.
I know, and as you say, there is no way he can prove I wrote any of this, and he could get into trouble for saying I dids when he can not prove it.
What Kevin does not seem to understand is that the law should be examined and explored in every direction… so one post about one specific incident can lead to a discussio on many other incidents and how the law is applied.
The Sailelaw Blog was referenced in a legal brief? Send me a copy please!
One of our blog rules are that bloggers are not permitted to reveal their attorney’s names, court judges, or names of local courts in their comments.
I find it interesting that this blog was mentioned, as you have previously told me that you have revealed your attorney’s name on many other legal internet forums.
Either way, I bet that you and your previous attorney got what you both wanted, which was to end your relationship together.
The Sailelaw Blog helps people in ways I could never imagine!
Mr,. Saile, this was the only “blog” I have been writing on up to that point, AND ANONOMOUSLY.
My former attorney said someone pointed it out to him, and he must have put two and two togewher since many of my comments are copies or rewrites of what i have sent him in email.
Mr. Saile, what i do want is a trail on my DUI charge, it is what i have always wanted. My attorrney should have faught for my right to trial. He did nothing on this, or any other aspect of my case.
My attorney drove me to wtite down my thoughts, as he refused to do anything in my case for 26 months to the point he quit.
Mr. Saile,, on my 10th appearance at the 23 month mark , the prosecutor stated that he would trial the case on observations only.
Whenm the time for trial came , on the 11th appearance, my attorney, rather than being bothered with the trial, asked off the case in a motion, which referenced this blog, and my emails asking another attorney to to represent me if my attorney did not start to act on my behalf.
Mrt Saile, I did not reveal to the court or my attorney this blog! My attorney made the assumption, and wrote it as fact that I have made theese entries.
These only published references to my former attorney on this blog are my criticisms of the Chun case…. which in my opinion, is open to public criticism, as they are all now public figures acting in a landmark case.
Debate and talk is what makes this free nation great nation.
I certainly had every right to complain, and still have the right to complain, about my former attorney refusuing to act on my behalf in the case I hired him for!
One person told me that anyone with any intelectual intergrity can see that there is something very very wrong in my case.
Obviously, there is something wrong with the discovery, as i was sent home 10 toimes form court being told discovery not completed, and why i asked my attorney why, he told my , and i quote” the prosecutor is lazy”.
If this is true somethiung is wrong in my case, if this was a lie, something is wrong in my case – either way, there is something wrong!!
My former attorney, actually said in the motion, that another attorney contacted him and told him i was asking questions and was inquiring about the new attorney , his collegauge, to represent me.
My former attorney however, never said the name of this attorney, I know who it is though, because I only asked on attorney to take the case, and this attorney offered to act as a mediator between me and my former attorney, to which i declined this offer, and responded by saying i will meet with him to hire him if my attorney does not act on my behalf.
now, for this 2nd attorney to contact anyone about my inquiries, is against the rules of professional conduct.
my former attorney did not mention him by name in the motion to be relieved.
i did not press this issue in the municipal court, because i felt and belive it is not the right venue. the correct venue would be the nj supreme court advisory committee.
what i did get to tell the court, as pro se, at the 11th appearance, was that the nj supreme court ordered all alcotest dui cases to preoceed to trial and i should have had a trial long ago.
this is what was most important to me when i went in front of the judge at my 11th appearace, as my attorney refused to say it for 789 days, i felt i must say it.
now, the judge, instead of making up some excuse , or some ewxpalnation, said on record, that she has no idea why this case has not gone to trial.
the prosecutor was not in the courtroom at the time, and i felt i went as far as i should pro se, … as i got the biggest point on record that i have to make, and i got the judge, the court, to admit she had no idea why i havnt had a trial.
Jim:
Was the motion in writing? In NJ Municipal Courts sometimes the motions are oral.
If the motion was in writing you should have received a copy of it. I would like to see a copy of the motion, if you don’t mind.
Yes it was in writting, However, i did not get a copy of what the judge had in front of her when she heard the motion.
I have no idea at this point if what my former attorney gave me as the motion is what the judge had in front of her.
furthermore, we can see by my former attorney’s actions he can not be trusted, and as i have since talked to other attorneys, they all say he has a reputation as a perrson that can not be trusted, and that the courts always rule against him on any motion because of this reputation.
if i had known this i would not have hired him in sept of 2005.
i probably would of went with a big firm, like lammoro for example.
let me think about it, i do not have a scanner, and i can not send it to you right now anyhow.
this motion is potential pending litigatin in the nj supreme court advisory committee, and i need to think about this before i act on sending it out.
i am not saying no to you, i am saying give me time to think.
hey Jimbo, what do posts 4 and 5 in this thread relate to???? a DUI or your court case perhaps???? You do it all the time, you relate ALMOST every topic to your court case or a DUI scenario. That is what I am saying. Just stick to the topic of Mr. Sailes post, if it is a DUI related topic, which he sometimes blogs about, then comment away on your case IF IT RELATES! That is all I am saying.
I also want to say this….
If there were any legitmate reason for me not having had a trial to date, the judge, on my 11th appearance, 789th day after my arrest, in nov of 2007, would of told me the reason, as i referenced the chun order and said i should have had a trial long ago.
instead, the judge simply stated she has no idea why the case has not be heard and has no idea why i havnt had a trial.
my stance is the only problem with the chun order is the state’s failure to obey it,…my research has taught me that 100 percent of the burden is on the State to proceed to trial, and in my opinion, this was the out my attorney needed to use to represent me, my scopes, and my objectives.
but my former attorney refused to do this, instead he wanted off the case simply because he could not stand to have a trial at 10pm on a weeknight!
this is more than ridiculous representation, it goes to the core of an individual’s rights.
now, i have read many appeals on the internet that asserted a defense attorney should have done this, or should have done that, and some win and some lose on this kind of appeal.
however, this is not the only basis for my appeal, my appeal will be deep, and include so many poiints of law, and so many obvuios due process issues, including the blantant disobeying of the chun order, by the state, that i feel not only a coviction would be overturned on appeal, but an investigation be brought to all parties, including the judge, the prosecutor, and my former attorney!
well, i want to answer kevin…
my post , which shows to me as number 20, 1130am , is still awaiting moderation
Kevin, my posts, 4 and 5, are a purley hypothetical question to Mr. Saile, and are solely for the purpose of exploring the law and how it relates to traffic stops in regards to speeding , and thus any other charges stemming from the stop.
if you chose to relate the hypothetical questions to my case, to my posts 4 and 5 , i say, ask yourself why it is related, and i ask you to give time to discovering the answer as to why you would think this.
this is part of my defense , and because you would relate my hypotehetical posts to my case, shows me i have valid points.
well here it is christmas eve 2007.
the chun defense team is preparing to argue before the nj supreme court on jan 5 2008!
it rreally does not matter to me chow the j supreme court rules as to the overall relkiabilityband acceptiability of the alcoest.
now, in my case, some court higher than the municipal court is going to have to rule on the chun order of jan 10 2006, and my rights to trial as that order ordere@!
i may lose the case and the apppeal, but will win the war… cause if they rule that i was not entitled to trial, i will have them by the balls for all time in front of god all mighty,
and thats a win for me, knowing they will burn in hell
actually, it oral arguments will be held in the Supreme Court courtroom on the 8th floor of the Richard J. Hughes Justice Complex, Market St., Trenton, at 10 a.m. on Monday, Jan. 7.
Can anyone attend? I will get there early and get a good seat if I can
What does the Chun defense think is going to happen really in this case.
I know first hand that one of the Chun attorneys does not believe the NJ Supreme Court has any meaning and that the Nj Supreme Court Oarder’s arent worth the paper they are written on, or he would have argued my rights in conjunction with the chun be upheld, specially my right to a trial.
just was wondering , any answer?
Jim, I do believe that anyone can attend the hearing. There is limited room in the courtroom. Itwould be best to get there early.
It may be broadcasted in the internet.
Jim can be our Sailelaw Blog reporter and give us a summary of what happens.
i think we all know i would be arrested on the spot if i showed up at that hearing after everything ive said on here.
The beautiful thing about our country is our freedom of speech and freedom of press. If you were in certain other countries, you would probably be jailed by now.
As far as I know, you did not post anything about any specific judges or lawyers. Talking about the law in general can have a positive effect on the law.
Jim I do not know what the Chun defense thinks about any part of this case. I am not on the Chun defense team.
What we do know however, is what the chun defense team has written in this beif, we know they signed off on it as their own thoughts.
I personally also know what i have recieved in email from one of the chun attorneys regarding the case, as well as what another chun attorney has told me face to face…
n ow, wheather any of this is really what they think, that is a philosophical question that we will really never be able to answer in an adequet manner.
All i know is, is that sometimes, the only thing we have to go on is what people write and what they say, and for the most part, we, as human beings, accept that as being what they think.
That being the case here, i think i am safe to say that at least one of the defense lawyers in chun does not belive nj supreme court orders need to be followeed or upheld.
we can also probablky assume, that because judge kings report was 3 weeks late, and the nj supreme court did not cite him for contempt of the order that it be submitted in a certain amount of time specificaly, that the Court itself feels its own orders mean nothing.
this is the delemna in a nutshell with the overall Chun case, .. proving it is an exercvise in nothing more than meaningless arguments
furthermore, it is easy now for one to assume, after reading the defense brief, and the baseone report, and from one of the chun attorneys emails to me saying the state had no answer to the issues in the hearings, that judge kings initial report probably favored the defense, and he was asked to rewrite it by some very powerful people, and that is why the report was 3 weeks late!
There shgouild be an investigation as towhy the report was late. I’M ALL FOR THE CIA CONDUCTING THE INVESTIGATION, USIONG TRUTH SERUM, ON THE PARTIES XINVOLVED, TO GET TO THE REAL TRUTH.( BEING FACEOUS)
OBVUIOSLY, NO ONE IS OBLIGATED TO TELL THE TRUTH ABOUT WHAT REALLY HAPPENED HERE, AND THIS IS AN OUTRAGE OF JUSTICE!
Jim:
If you are involved in an ethics complaint with your prior attorney, I consider that a current case and I will not post any comments that talk about what your prior attorney did wrong. Please stick to the blog topics.
I have always stated, many times on here, that although my attorney may have made some mistakes, that ultimatley, under the law, it is 100 percent the resposibility and burden of the State to proceed to trial, especially when the NJ SUpreme Court orders them to do so.
Any ethics violations i may want to pursue against my former attorney pale in comparison towhat the State has done in my case.
I have said this from day one, from my first post. way back in july i think, or was in june.
Unfortunately, I have a trial today and do not have the time to watch the argument online.
good luck with the trial.