Charged with care-less driving. Was pulled over by a deputy who did not witness said care-less driving. An off-duty deputy/officer(?) called dispatch to report me to on-duty deputies, and have them pull me over and cited. While being harassed by the on-duty deputies over my possible intoxication(45 minutes), I questioned whether the off-duty officer/deputy might have been operating her vehicle under the influence (nothing happened and they acted like they didn't hear me). Have been continued (by the state) 6 times b/c officers/deputies have been unable to make court date(s). Cabarrus county, N.C. judge has told me 3 separate times that the state will not continue this case any longer, only to be (lied to) continued 3 straight times. I have missed work 6 times over this case, been lied to by the judicial system, and had the off-duty officer/deputy miss the last court date because of a funeral.....yet if I miss showing up for court, I have a warrant drawn up for my arrest (immediately), the no-show for court is reported to Raleigh(DMV), and the DMV suspends my license til the matter is taken care of, then I have to get my license reinstated(fee), and then pay for a new license.
You were charged with reckless driving, and if I'm reading this correctly, there's an order for your arrest for failure to appear. Rather than posting to avvo for D-I-Y info, why not use avvo as a tool to find a great lawyer to represent you. I can heartily recommend Todd Williford in Concord. 704 932-4144. He and I have worked together many times to represent clients with complicated traffic issues - and he has produced great results for those clients. Good luck
The #1 reason you do not argue your own case is that you don't know what to not say. You will likely incriminate yourself by admitting to certain facts which may seem unimportant to you. You've probably already made incriminating statements. The correct response to questioning is, I would like to speak to my attorney before answering any questions. It's not, I'm smarter than you.
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It would help if you contacted an attorney. As to the court appearance issue, consider this: each county has different policies as to requirements for court appearances. An attorney could possibly have saved you from having to appear by appearing for you, keeping you on phone standby. That said, there are some counties/DA's who want you there for a C/R regardless of whether you have an attorney or not. In any case, six court appearances on this traffic ticket is a bit much.
As to your accusation of being lied to, consider that the same judge doesn't hear the case at every appearance. Each time you appear in court is a new set of circumstances, and whether the last judge marked the file as 'last continuance' or not, the new judge isn't bound by that request. That's all it is - a request that the next judge force the DA's office to resolve the case. If the officer had training, was sick, had a funeral, or just plain couldn't attend for what the court considers a good reason, the judge is likely to continue the case. The bottom line is that you're the defendant. If you don't have an attorney, you're absolutely going to be required to be present at every court date unless you have a good reason for missing court, and usually you'll have to provide documentation for the absence. You'll have to keep doing this until the judge forces the DA's office to resolve the case or dismiss it.
And I hope you can see that your getting the DA to agree to a dismissal has likely little to no possibility of success on your own. You appear to be waiting on a trial which may or may not be in your best interest. I agree with my colleague- why haven't you hired an attorney to help you? Surely by now you have spent enough time/ resources to see the value in speaking with someone who could potentially resolve it at the next court date? Use Avvo's find a lawyer tool. Best of luck to you.
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It seems that you have been trying to represent yourself in this matter. This is never a good idea because lawyers who handle these types of cases are generally in court every day. From experience, we know how certain judges will handle requests for continuances and when to set a case for trial. Also, every county has certain practices when it comes to handling continuances. If you want the best result, you need to hire an attorney familiar with traffic cases in your county.
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From what you've described, six continuances does seem like a lot for your driving charge. However, like the other attorneys on this question have stated, a continuance is often granted if there is a good reason by the State to continue (such as the officer attending a funeral or having mandatory training). If you really want this case to come to be finally resolved, you may want to consider contacting an attorney to handle it on your behalf. Often times, a local attorney will know the policies regarding continuances and whether or not a judge will force the State to move forward with the case, regardless of whether the officer is present.
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