So, I talk to my lawyer about this Misdemeanor Citation and he tells me that this charge has maximum penalties of $500 or 5 years in prison. YIKES!
I talked to a lawyer friend of mine and had him look at the citation I received to get his advise. He told me that I could plead guilty and pay the fine and have a misdemeanor on my record, or I could go and plead not guilty and explain my situation to the judge and hope of a lessor charge. He also said that he could represent me at the court and take care of it for me but he would charge $170 per hour for his time. Burley is 1 hour away, so it would be at the very least 2 hours in travel and then his time at the court. Holy Cow, That is over $500 right there!!! I don't see how people can afford to use a lawyer.
Anyway, I am having the lawyer call the Prosecuting Attorney and see if I can get a lessor citation of an infraction. If that works, I'll no longer be a hardened criminal on the lam. I'll be an infractor. (if that is a word)
Friday, February 15, 2008
$500 or 5 years in prison
Tuesday, February 12, 2008
Misdemeanor Citation
Can you believe it? I have been Cited with a Misdemeanor!!!!! AAARRRRGGGGHHH!!!
I was driving to Malta last Monday and expected to take I-84 south down to Malta. When I reached the interchange I was met with a sign that said "Road Closed, Detour". The detour pointed further down the road towards Pocatello. I didn't want to drive to Pocatello. I continued down the road looking for a detour so I could drive back to Declo and take the back roads into Malta. As I looked ahead I saw a truck crossing the middle using the emergency crossover. I figured that this must be the detour. (conveniently leaving out details) I was then met by a police officer standing in the middle of the road which motioned me to pull over. He then informed me, as his teeth chattered from the cold, that I would need to wait for him to give me a citation. I sat and waited to see what would happen. Hopefully, I thought, he would just give me a warning and let me go since it was a wintery day and due to the unusual circumstances. Well, that didn't "detour" (no pun intended) our friendly freezing police officer. He gave me a Misdemeanor Citation for using the Emergency Crossover. I asked him, "when can someone use the emergency crossover"? He said "never!". I said, "If there was an emergency, I still can not use the crossover?". He said "correct".
I then find out that this is not a ticket that I have to pay, it is a Misdemeanor. I have to show up to court! WHAT? So, a week from Monday I have to go to Rupert for a court hearing in front of a judge about my Misdemeanor Citation. YIKES!!!!
How am I going to plead?
Could I get excommunicated?
I have decided not to contact my Idaho State Representative on the matter since he did not handle his own "Misdemeanor Citation" very well.
