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
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.
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.
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.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
Confidential information should not be disclosed in this Internet forum.
I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
This AVVO Answer is provided for general educational purposes only.
See “more” link below for more important information.
Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.