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Ask Andrea, Esq. Your Own Question
Andrea, Esq.
Andrea, Esq., Attorney
Category: Traffic Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in traffic law, traffic stops, DUI, drugs, ARD, family law, criminal defense and personal injury.
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Sept of 2013 I was pulled over for "driving all over the

Customer Question

Sept of 2013 I was pulled over for "driving all over the road" the officer had been following me from a complete different city he worked in. He said I was speeding at 45mph on the ticket and I drove the entire way and took pictures showing the legal signs showed 45moh. He then said I braked and half of my right front tire cross the bike lane. This was true. Because I was obeying the sign I was approaching stating slow to 35 major dip, be cautious of flooding. In my experience I've always been taught when approaching a large dio in the road especially when it had rained that day and I didn't know if there was residual water, I carefully angled my car so I wouldn't bottom out. He made me take a sobriety test which I passed and had me stand in the cold in a light mini dress on (in his own words in the report) on a wet grassy hill. I thought my license was restricted because my mother and my lself need regular Dr visits, food, etc. He never asked if he could search my vehicle but he sent his partner with the 300.00 worth of groceries to NY home to give to my mom (this told me he had every intention of finding something to arrest me for) anyway, he spent apx 30 minutes looking through my personal portfolio which contained nudes photos of myself and after that another 45 minutes searching the car. Getting very irate yelling and making me terrified he finally hollard "eurika" like he hit gold. I was up on the hill freezing and he shook his hand at me and asked if it was mine, I replied "what". Then I heard him say and biy is it loaded. I don't carry a gun so I figured it must have been drugs. If he really found them which I doubt he did there is a possibility they were there and forgotten about years before. I asked my public defender to let me pay and have a ledgit place test it but he he said there wasn't enough. The officer also was belittling me and when talking with the officers at intake was joking about the nude photos. I knew this even more as the intake officers first words were " I hear you like having naked pictures taken of you. So I asked my public defender to request a copy of of the intercommunication tape and they said there was no such thing. Here's the tricky part.... The watch commander reviewed the dash cam (that is automatically wireless downloaded into a mainframe to uphold its integrity) and saw no reason for me to be pulled over and released my car. I asked my defense attorney to get a copy if the video and he said that this station was too poor and didn't have dash cams. Upset I called him a liar and its been hell since. There is so much more I'm afraid I can't write it all but a few pointers are
1. The prosecuting attorney was relieved of duty the day before the hearing to see if we'd go to trial as her husband was the officer who toad my car away and she didn't disclose that info among not filing reports on time or at all. My public defender was relieved if his position because between the numerous lies he even tried to manipulate the judge by misleading him to believe that the doctor my pd insisted I go to (actually three, there reports were in my favor, I finally told him how many are you going to make me see? Till you get one that gives you the results you want! I know what your doing, I've been reading your and her lips when I wasn't standing right there listening to every word you guys said and I gave you chance after chance and you kept promising me you would stop lying but it stops now. I want a Marsden hearing. Unfortunately I wasn't prepared for one in ten minutes, you see I suffer from agoraphobia and I have a disassociativ disorder due to long term torture and abuse. Please do not confuse this disorder for mental retardation, autism, being incompetent or stupid. There is no relevance in my disorder and ones intelligence. When I hear my pd talking to the prosecutor he said to her I've tried everything and she won't budge and she replied she has caved in before and she dam well do it again just keep in her. After hearing that I realized he had no intention of helping me, the offer in the table was three years in a state penitentiary. No barter. Nothing. And my charge a misdemeanor. Hallowell tried telling the judge that I was incompetent to stand trial! Just before he was to make his decision I respectfully ***** ***** I may ask Hallowell a question. He replied of course this is your life. I said Mr Hallowell did those two doctors state in the reports that I was generally incompetent to stand trial, or was there exact verbage that I was incompetent only in the capacity of dealing with you Mr Hallowell because of all the lies. Any other attorney, any she would be fine, Mr Hallowell agreed.
Also my officer friend was engaged with the ticketing officers best friend I guess he thought we were having an affair. He made it impossible for my friend to do his job, he sued and won. It's not over still after all these years. I have a warrant
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Andrea, Esq. replied 1 year ago.

Good morning, and welcome to JustAnswer,

I am so sorry to hear of all that you experienced and all that you were subjected to. The police officer had no right to search your vehicle without your consent or a search warrant.

1. In what State did this occur? You state "California", but in your facts you state that the groceries were taken to your mother in NY.

2. What section of the Code did the police officer state on your ticket that you violated ?

3. What, if anything did the police officer find in your vehicle ?

4. What question did you want me to Answer for you ?

5. When is your hearing on the ticket you were issued ?

I might have additional questions, depending on your reply,

I look forward to your reply,

ANDREA