For going the wrong way on a one way street. He was lost trying to get to a funeral. The cop was in front of him and stopped his car, went to my husband's car and pulled out his gun while shouting at him to put his hands up. My husband got scared and said " holy sh*t!! please i didnt do anything wrong" explained he was trying to get to a funeral and didnt know the area very well and apologized. Cop told him I'll put you in jail if you curse one more time. He gave my husband a ticket for reckless driving (=5 points) and for going the wrong way .. and he can't afford to lose his license. Can he fight this in court?
DUI / DWI Attorney
Lets put aside the officer pulling a gun for a moment. That will be on the video and an attorney can deal with that after viewing the video and radio recordings. At a minimum, there is something outside the norm that went on. But the video needs to be seen.
On the ticket, 5 points is severe and reckless driving is not something you want on the record. You need an attorney to deal with this.
Law Offices of James A. Abate Jabatelaw.com (732) 412-2364
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Divorce / Separation Lawyer
Yes you can fight this in court. You would need to hire an attorney as soon as possible to request the video and audio recordings as well as the police report if any. You certainly don't want to have a 5 point ticket on your license. An attorney would be able to reduce or eliminate the points
This answer should not be construed as creating an attorney-client relationship, and is for informational purposes only, not legal advice.
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Criminal Defense Attorney
More nformation is needed. He likely will not lose his license for reckless and it likely can be downgraded. Sounds like there is more to it or the cops needs a shrink. How was the cop in front of him if he was going the wrong way on a one way? The cop too? I need more information. Call with more information.
4 lawyers agree
Criminal Defense Attorney
Yes, he can fight it in court. With a lawyer would be better.
Generally, the issue in court is what was the conduct of your husband before being stopped.
Unfortunately, your husband's experience is nowhere nearly as rare as it ought to be. I constantly remind my clients and friends to be nice and respectful toward police officers whether or not they deserve such treatment because they are armed. They are often young and scared. Some people become police officers because they like to push others around. Those are facts.
A lawyer will not be so emotionally involved in what happened and should be able to get a good result for your husband.
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