Timeline for Tragedy in Atlanta…

**RainMan** · 05-27-2006, 08:49 AM

Originally Posted by MadSeason

http://edigras.iweb.bsu.edu/savemad.htm now accepting spare change...

PM'd ya

**MadSeason** · 05-27-2006, 09:35 AM

DOB shows i'm 23, which means i'm not an underage drunk and I blew .059 under the legal limit and still sober.

if you can look closely you'll see the cop marked dry road condition, so i may need my 4 buds that witnessed the arrest to testify against him

back says they want me to bring this and my license to court.. they should't have taken it from me too

hawk night of, cops immediatly arrested me after taking the picture. Notice the road condition, muddy and wet on the site

Tree that would not get out of the way

Culvert I went over that sent me into the tree, couldnt even see it when i went sliding off the road

**myk02k** · 05-27-2006, 03:56 PM

You have a pretty good case here. Plenty of evidence. I would definitely try to get some money from the local police and bring it to the state's attention; NOT the local court system. The main thing about the law is that #1 is who you know and #2 is what you know. I have a friend that got charged for possession of a gun and got off scott free because his attorney was friends with the judge. Don't let it happen against you! You have pictures showing you at a track, not at a bar before the incident, have a calculated BMI of how many beers you had at your weight and time before the accident (not hardcore proof but shows an arguement), have your attorneys try to find out what you blew on the first two breathalyzers, and try to prove you hitting the tree was impossible to prevent. Keep in mind that the local police can only make a judgement on the impact of you hitting the tree, and because your specific accident was caused from a lack of friction, you didn't lose as much momentum due to friction as a car would losing control in the same area, same speed, but with dry pavement. Physics is rock-hard evidence, and can't be rebuttaled by the defense attorneys. An accident with no prevention may be an Act of God to your insurers, so I wouldn't start parting out your car just yet if they ask to evaluate the damages. If you can get the local police on charges for an unjust arrest and have enough evidence, chances are the defense attorney will make a settlement before it is even brought to court. It'll be a good idea for you to fight for justice and get some money to buy another f-body too (maybe even a vette

). Try to turn this situation to better you, not be so negative about it. Confidence in being the one who was wronged will help you through this. The police are confident you broke the law, so you better turn the situation around before it gets worse.

It's a bad situation and I wish you the best. My brother once was going 50 MPH taking a turn in the rain, did a 180, and hit a tree from his rear end and didn't have barely as much damage as your car. All he needed was 4 new rims, tires, bumper and bumper cover, axle, and hatch. A lack of friction definitely took a role in this case.

I'd also hate to say it, but I didn't spend $6000 in insurance for the last year for nothing. While you spent your spare money in making a 415 HP beast, I put my spare change in insurance. Good luck man.

**MadSeason** · 05-27-2006, 04:27 PM

interesting read http://www.washingtonpost.com/wp-dyn...101202287.html

**MadSeason** · 05-27-2006, 04:38 PM

my police arrest report was similar here http://www.washingtonpost.com/wp-dyn...101101968.html

saying i failed the roadside sobriety tests and thats why they brought me in

**myk02k** · 05-27-2006, 07:17 PM

fuck that shit. if you can proove that you crashed because of weather circumstances and not because you had a few drinks, that's a better arguement than saying you've been arrested under the pretense of blowing an alcohol content. Make it sound irrelevant as it was, because that might save your ass and make a few bucks.

What the cops are doing is they are making it sound like if you didn't have a few beers, then you wouldn't have hit that tree, hense the jail sentence. Were you even buzzed when it happened? Also, I didn't read that they read you your Miranda Rights...did they?

**bene** · 05-27-2006, 09:44 PM

Yikes! Sorry about your car and your troubles your going through.

**MadSeason** · 05-28-2006, 05:16 AM

Originally Posted by myk02k

fuck that shit. if you can proove that you crashed because of weather circumstances and not because you had a few drinks, that's a better arguement than saying you've been arrested under the pretense of blowing an alcohol content. Make it sound irrelevant as it was, because that might save your ass and make a few bucks.

What the cops are doing is they are making it sound like if you didn't have a few beers, then you wouldn't have hit that tree, hense the jail sentence. Were you even buzzed when it happened? Also, I didn't read that they read you your Miranda Rights...did they?

no i didn't have a buzz going at all and the weather condition is going to by my case if this goes to trial. didnt read me my miranda rights but read something about why i was being arrested and that i had the option to take the breath test downtown but it would result in detainment if i did not blow, so i blew, and under the legal limit

**myk02k** · 05-28-2006, 04:54 PM

Ding Ding!!! If you were never read your Miranda Rights, anything in court said after they put the cuffs on you is thrown out in most cases. You might actually have every word that came out of your mouth thrown out of court; not sure because I am not an attorney but definitely discuss this with your attorney. I'd find one fast and cheap (maybe if you can find a friend or relative that'll handle your case). I had a feeling they forgot to because they weren't even sure if they could arrest you. Read below.

IS AN ARREST ILLEGAL IF THE POLICE NEGLECT TO READ THE MIRANDA RIGHTS TO THE SUSPECT?
No. These rights are your protection against self-incrimination only, not against being arrested. The only thing the police need before making an arrest is "probable cause" -- a sufficient reason, based on facts and observations, to believe you have committed a crime. Police must recite the Miranda rights only when they are about to interrogate a suspect. If they do not, then a judge might later throw out any statements made, though the arrest may still be valid.

You might be able to have the breathalyzers thrown out of court. Like I said I'm not an attorney (but I am in the process of becoming one after I get my Poly Sci degree) but this is something you definitely should discuss. I believe with most attorneys, you may have a free consultation before they decide to take or drop your case. Talk to as many as you can, and be sure to take as much info in you can during these consultations. Bring the pictures you have as proof (even the track pics to show where you were prior to the accident) and be sure to state your charges, bail, no miranda rights read, and how the accident occured as completely independant from alcohol but of weather conditions.

Don't hesitate to consult with an attorney! Even before you part out your car. Hell even if there's some stipulation with insurance the attorney can figure it out.

**MadSeason** · 06-02-2006, 03:32 PM

Originally Posted by myk02k

Ding Ding!!! If you were never read your Miranda Rights, anything in court said after they put the cuffs on you is thrown out in most cases. You might actually have every word that came out of your mouth thrown out of court; not sure because I am not an attorney but definitely discuss this with your attorney. I'd find one fast and cheap (maybe if you can find a friend or relative that'll handle your case). I had a feeling they forgot to because they weren't even sure if they could arrest you. Read below.

IS AN ARREST ILLEGAL IF THE POLICE NEGLECT TO READ THE MIRANDA RIGHTS TO THE SUSPECT?
No. These rights are your protection against self-incrimination only, not against being arrested. The only thing the police need before making an arrest is "probable cause" -- a sufficient reason, based on facts and observations, to believe you have committed a crime. Police must recite the Miranda rights only when they are about to interrogate a suspect. If they do not, then a judge might later throw out any statements made, though the arrest may still be valid.

You might be able to have the breathalyzers thrown out of court. Like I said I'm not an attorney (but I am in the process of becoming one after I get my Poly Sci degree) but this is something you definitely should discuss. I believe with most attorneys, you may have a free consultation before they decide to take or drop your case. Talk to as many as you can, and be sure to take as much info in you can during these consultations. Bring the pictures you have as proof (even the track pics to show where you were prior to the accident) and be sure to state your charges, bail, no miranda rights read, and how the accident occured as completely independant from alcohol but of weather conditions.

Don't hesitate to consult with an attorney! Even before you part out your car. Hell even if there's some stipulation with insurance the attorney can figure it out.

dude cheap is never the way to go when hiring attorneys. anyway, i hired the guy and hes been trying to contact the judge before my trial date june 7th... here's his responce from today... not to concerned but this is like a birthday present you just dont want to open because you're kinda sure whats inside and you didn't ask for it... either way he said

Judge wasn't in today. Did speak with her staff. I will speak with her Monday. Don't worry, you do not need to come down next week, if at all.

so we'll see monday

**MadSeason** · 06-06-2006, 08:27 AM

Originally Posted by MadSeason

http://edigras.iweb.bsu.edu/savemad.htm now accepting spare change...

in other news the guys culvert and tree i hit is trying to commit insurance fraud by telling state farm i did 2k in dammage when Big D personally saw him fixing the culvert himself and the bark on the tree grows back

**MadSeason** · 06-08-2006, 11:39 AM

Well here's $2150 worth of dammage paid by my insurance for the tree'S driveway (it's gravel btw), and the culvert i knicked.

**MadSeason** · 06-08-2006, 11:42 AM

If the mud had never run off of his property I wouldn't even be in this situation.

**glvr01** · 08-21-2006, 10:26 AM

Hey Mad been gone for a bit just wanted to know how you doing!!!! Later

**MadSeason** · 08-21-2006, 10:44 AM

Originally Posted by glvr01

Hey Mad been gone for a bit just wanted to know how you doing!!!! Later

Hey Thanks for asking, Going alright, just a lot of waiting around for the courts to send me paperwork on an arrignment date. We're requesting a jury trial since the cop wouldn't negotiate in probate court, big surprise. So hopefully I can cut a deal with the prosecution and settle out of court. If not it will cost 2k more to fight a state law that gets reported nationally as points on my license. Stupid money maker laws. Anyway the sooner it gets taken care of I'll be able to pay my folks back in whole and start saving to fix the bird or part it out and get another. I'm also up to $260 on the donation page I setup and thank everyone for their support.

**glvr01** · 08-22-2006, 09:31 AM

Hey you want a hawk or just another ls1 cause I might have a sweeeeeeeeet hook up for you. I know you are still dealing with court and that but this ride is awesome.

**94z28l** · 10-04-2006, 08:27 PM

i feel your pain man, i had a couple dickhead cops that came when i crashed a month after i got my car and license in the rain same thing until my dad showed up, cops changed their tone literally when he got there, it will all get taken care of tho im sure

**MadSeason** · 10-04-2006, 08:45 PM

yea it sucks, were waiting on the courts right now to set an arraignment date, the good news is if they don't get this done in 2 years they have to drop it, bad news is it takes another year and a 1/2 and i still haven't had a chance to get my car back up here

**myk02k** · 10-04-2006, 08:53 PM

If I were you, I'd part out that T/A. It doesn't even seem worth repairing because of the chasis damage.

**MadSeason** · 10-04-2006, 08:56 PM

Originally Posted by myk02k

If I were you, I'd part out that T/A. It doesn't even seem worth repairing because of the chasis damage.

thought about it already

1) insurance didnt give me any money for it
2) i already own it
3) cost of repair is < than cost of a new one
4) parting out I loose more money than fixing and selling it again when it's running
5) authentic hawk 1 of 3 nbm formula's, its not a T/A