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When it rains it pours...

Horseplay

I Don't Care. Do you?
Donator
Middle of the day yesterday my cell phone rings. Quick look at the caller ID shows it's my 16 year old son. He had just left a little while ago to go meet some friends to shoot some hoops and I had just sent him a text telling him to be home a certain time so I figure he's calling to confirm.

I answer and say. "What's up?"
An unknown male voice responds, " This is officer...

Unless you're a father and have been there you have no idea how much stuff flies through your head in that first millisecond. Thankfully, he was not injured. Unfortunately, he was in trouble. Supposedly, he was seen doing donuts in a park parking lot and someone called the police. By the time they arrived, he was playing basketball. Apparently, he was pointed out as the driver and long story short, he was cited for reckless driving. The policeman, when calling me, asked me to come over but I explained I couldn't because the kid had my vehicle. Apparently, in a case like this the vehicle is to be impounded and the operator arrested. Instead, he allowed my kid to drive straight home but he was issued a citation for the reckless driving charge.

I do a quick internet search to find out what this all means and it is very serious. Thousands in fines and jail time are possible. A quick call to a couple lawyers and I find out I am looking at a couple grand for their services as well.

Anybody got any experience in this area? Suggestions on what to do?
 
Glad it wasn't serious but a couple grand for a reckless driving charge? :wtf As much as I bash 'em I do have an attorney on speed dial and for a few hundred bucks everything I've had gets down to improper equipment. I think you need to call another attorney or take a stab at talking with the d.a. Good luck.
 
I think your best bet is talk with the DA's office, especially if this is the first serious ticket for the lad. Usually, serious tickets and fines involve a range of up to a maximum amount. And usually, the DA's office is motivated to settle this issues without the cost and time for a trial (especially jury trial, if allowed where you live.) That's your leverage. I'd put my thinking cap on as to what else you could offer on your son's behalf, maybe related community service--anything that might demonstrate that he now realizes how potentially dangerous this was (you mentioned it was park parking lot). If that doesn't produce an acceptable result, you've got not choice but to get an attorney.
 
I would think a lawyer (probably even KO67) could get that thrown out since the officer never actually saw it happen. If that were to fly I would call in my ex wife everyday for speeding on her broomstick.........
 
Well, here's where I'm at. First off, like I'm sure most of you here would do, my son has suffered my full wrath. Loss of privileges including phone (you'd think I inflicted some barbaric corporal punishment with that one), video games, etc. It'll suck to be him for quite some time. In my original post I stated this happened in a park parking lot. I should clarify. This was at a rec field with b-ball courts and soccer/football fields. Pretty much empty that time of day and not a place young kids frequent except on weekends. I didn't want anyone thinking there were little ones on trikes riding around. He acted stupid but he isn't dumb.
Anyway...

The DA's office wouldn't allow me to speak to anyone directly about my son's case. I did get to talk to one person who basically told me given the circumstances with my son (young, first offender, clean record, etc.) not too be overly concerned about too severe a ruling. Said to lawyer up and count on an "agreement" to be made pre-trial which would likely end up as suspended and require a driving course and obviously healthy fine. Potentially, some community service. If this is the case, he would get what I wanted and that is basically a one-time "get out of jail free card". But trust me, it won't be free. He'll be paying for this for a long time, in many ways.

Rick,

A couple things probably will allow the charge to stick. First there was a witness (the person who called the police). I doubt they show for the trial but you never know. While the cop didn't witness the act, he did get my kid's confession to it. He also got him to state that the skid marks on the pavement were from his vehicle (he then took pics). This is one of those times where teaching your kids to be honest doesn't exactly pay off. Had he denied all, you're right, lawyer says he could get it dismissed. Strange as it may sound, I'm glad my boy told the truth.

Not condoning his actions but I will say, it sucks to be a kid today. When I was a teen I got caught doing similar and the cop read me the riot act, got my attention, and sent me home.
 
I would still at least spend the $50 or so to initially talk to a lawyer......kid is nervous, underage, questioned without parents, all that stuff.

My son was seen doing 100+ by a local sheriff in Az., chased down but son stopped before sheriff could catch up to him. He admitted he was speeding, found other "bad stuff" on a search of him....lawyer said to ask if he understood what was happening and knew his rights. He said he was scared by the sheriffs talk of long time jail if he didn't speak up.....they let him go with a warning for speeding.....and darn near had to give him back the bad items from the search.

Now....the home scene was a bit different.........................
 
"AzPete" said:
I would still at least spend the $50 or so to talk to a lawyer......kid is nervous, underage, questioned without parents, all that stuff.
Oh, I'm having a lawyer represent him (us). Guess I wasn't clear on that point. It won't be $50 either but it does look like I can get it down to maybe $2k lawyer and probably fine/fees :rant.
 
Did you get that same curse from your mother too... " I hope you have a kid just like you....." LOL

I don't really have any advice. My daughter is 16, but doesn't have her license yet and nothing like that has ever happened to me. :shrug
 
I'd make sure to tell the lawyer the officer did not see him committing the act.

The "confession" sounds like BS if he wasn't read his rights first.....

I'm no attorney but this sounds like pretty sloppy police work and you stand a chance of getting the case thrown out.
 
"Horseplay" said:
Strange as it may sound, I'm glad my boy told the truth.

Not strange at all. I fessed up to the authorities once, and incurred the wrath of dad. However, he later told me he was proud of me for telling the truth and taking the consequences. That meant a great deal to me, and overrode the thoughts I had of lying the next time...
 
"apollard" said:
Not strange at all. I fessed up to the authorities once, and incurred the wrath of dad. However, he later told me he was proud of me for telling the truth and taking the consequences. That meant a great deal to me, and overrode the thoughts I had of lying the next time...
Well, this part of the whole experience has opened up a pretty cool line of dialog with the boy. It's not often as a parent you get to see if the little things you try and instill in your kids emerge like this. He said he thought about trying to deny everything but quickly realized that he needed to face up to what he had done. Said he remembered a talk we had once about "no matter how bad it might seem, it only gets worse if you try and lie your way out of it". Just when you think nothing gets into those thick teenage skulls.

Sure, I'm still going to have to kill him but at least I can be proud of something in this mess.
 
"This is one of those times where teaching your kids to be honest doesn't exactly pay off."
B.S. It pays off completely as he'll be held accountable for his actions. Anything else than truth shows you are an enabler to lie when convenient - we got enough politicians!

This will be a lesson for you son to hang in his 'hall of shame'. Sometimes those hard lessons early are for the better...
 
"RustyRed" said:
I'd make sure to tell the lawyer the officer did not see him committing the act.

The "confession" sounds like BS if he wasn't read his rights first.....

I'm no attorney but this sounds like pretty sloppy police work and you stand a chance of getting the case thrown out.
Nope, in cases like this the police can question and answers can be incriminating without the reading of rights, etc. Got that little bit of knowledge during all my legal info searching. We're still going to look at going to trial and fighting if the evidence looks beatable but if he can get a bit of a break by bargaining up front and keep his record clean that's probably the way to go they say.
 
My son is only 11months old right now, but I do think of all these fun times in the future. I am going to find a lot of the stuff he does as funny, but at the same time tell him he shouldn't have done that.
I personally don't think doing a doughnut in an empty parking lot is that big of a deal.

I just took my father in law for a ride in my 92 after the cam install. We turned around in an empty parking lot and I didn't do the turning with the front.....
 
"opentrackerSteve" said:
"This is one of those times where teaching your kids to be honest doesn't exactly pay off."
B.S. It pays off completely as he'll be held accountable for his actions. Anything else than truth shows you are an enabler to lie when convenient - we got enough politicians!

This will be a lesson for you son to hang in his 'hall of shame'. Sometimes those hard lessons early are for the better...
Couldn't agree more. Don't take that statement out of the context in which it was meant. I was merely speaking in terms of battling the charge in court.

Yep, we all have had to take our punishment for our early transgressions. But as I said earlier, the times have changed. Back when you were younger, the legal ramifications of such a act were nothing like this I promise you. My son will pay dearly for what he did but losing his license for possibly years and facing up to a year in jail...for doing a donut in an empty lot? Save some of the sanctimony and be honest. That's way over the top and as a parent you would rather help him through this and keep the lasting damage to a minimum.
 
"Horseplay" said:
Nope, in cases like this the police can question and answers can be incriminating without the reading of rights, etc. Got that little bit of knowledge during all my legal info searching. We're still going to look at going to trial and fighting if the evidence looks beatable but if he can get a bit of a break by bargaining up front and keep his record clean that's probably the way to go they say.

I admire the morals you have instilled in your son. My son just turned 16 and is just a few months shy of getting the fastback turned over to him. I do want to take issue to your comment above though....if you say he was doing the right thing by admitting it, how can you go to court and have it thrown on a technicallity...he is guilty, have him plead (hopefully a reduced penalty) and learn the lesson. Nothing frustrates me more than people tying up the courts with lawsuits, cases, etc. when one party readily admits their guilt.

Nothing against you.....again you sound like real stand up people, just wanted to point out the irony of that statement.

Best of luck to you and him!
 
"kb3" said:
I admire the morals you have instilled in your son. My son just turned 16 and is just a few months shy of getting the fastback turned over to him. I do want to take issue to your comment above though....if you say he was doing the right thing by admitting it, how can you go to court and have it thrown on a technicallity...he is guilty, have him plead (hopefully a reduced penalty) and learn the lesson. Nothing frustrates me more than people tying up the courts with lawsuits, cases, etc. when one party readily admits their guilt.

Nothing against you.....again you sound like real stand up people, just wanted to point out the irony of that statement.

Best of luck to you and him!
I appreciate your comments.

I completely see the hypocricy in all of this. No matter what happens from a legal standpoint my boy will suffer much punishment for his actions. I don't think, however, there is anyone here who thinks pulling a donut in a parking lot like this deserves jail time or long term impairment on a young man's driving privileges. The law, however, as written does allow that to happen. Court is, for lack of a better description, a dance. Due to back logs caused by an unending mass of cases, it is simply an assembly line whereby prosecutors and defense lawyers jocky around to clear the days slate of trials. As a parent, all I can do is follow the advice of his council and pray he gets through this in the best possible fashion. That and ground him for life!
 
"Horseplay" said:
I appreciate your comments.

I completely see the hypocricy in all of this. No matter what happens from a legal standpoint my boy will suffer much punishment for his actions. I don't think, however, there is anyone here who thinks pulling a donut in a parking lot like this deserves jail time or long term impairment on a young man's driving privileges. The law, however, as written does allow that to happen. Court is, for lack of a better description, a dance. Due to back logs caused by an unending mass of cases, it is simply an assembly line whereby prosecutors and defense lawyers jocky around to clear the days slate of trials. As a parent, all I can do is follow the advice of his council and pray he gets through this in the best possible fashion. That and ground him for life!

I too would agree that anything more than a fine would be way out of line for the crime. I am not saying he deserves jail time by any means, but I truly feel that the DA will be more than happy to work out a "deal" that will feel much better to him than the Wrath of Dad. I understand the predicament and its easy for me to say "don't fight it in court" but in the real world I have no idea how I would react. You can trust my son will be reading this thread tonight!
 
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