Some bitch nearly totaled my car the other day, but after skidding, there was no impact or injuries. I called the cops but they said that since a police officer didn't see the close call that my word was just hearsay.

I can go down and take out a warrant against her but don't know what that is getting me in to. Just curious to see if anyone has ever done this or knows about it.

You will need the specifics that leads up to the charge along with a good description of the car. Just having the tag number isn't enough. You will need to have a detailed description of the driver. Go in person to the police station where the offense occurred and try to get an officer who will listen.

What does it mean to "take out a warrant against" somebody?

Are you telling me that you can go complain to the police about her and they will arrest her?

You're probably better off thankIng you're lucky stars. You received a valuable lesson and practice in defensive driving skills.

She'll get hers, but not at your hands.

going to the cops cuz someone almost hit you man up pussy.

Warrant for what? Scaring you?

You were not harmed in any way nor was your car damaged. Why are you complaining?

it's not hearsay if you're talking about what you, yourself, saw. either you misunderstood or the cop was a dumbass. or both.

but yeah it would be your word against hers and since most of the shitty drivers around here don't speak english, how would we know what her word was? ah ah ah..

Reckless driving which the officer does not witness and which does not result in an accident may be one of those violations that an officer is not permitted, on his own, to issue a summons for. Instead it is necessary for the witness to appear before a majistrate who hears the witnesses sworn description of events. If the majistrate believes what the witness describes was a violation of the law the majistrate will issue a warrant, and the driver is prosecuted on the warrant rather than on the officer's summons.

To get a warrant you'd have to be able not simply to identify not just the vehicle but the driver. My guess is that you are not going to get a John Doe warrant issued, even with the vehicle license plate number. This is where the process usually breaks down. Without the cooperation of law enforcement it is quite often impossible to get the warrant issued or served.

If you can pull this off the warrant is supposed to be tried in the same manner as traffic summons, except that instead of the police officer testifying to the offense, you the witness would. If you aren't there they will throw out the case, and they could even charge you with failure to appear. If you do appear you have to identify yourself by name and possibly address (opening yourself up to retribution) and submit to cross examination.

That hearsay stuff is a bunch of BS. A police officer is allowed to rely on hearsay in deciding whether to arrest someone. Hearsay is only a problem in court. They are simply blowing you off. You may want to take this lack of cooperation into consideration in deciding whether you want to proceed.

dude dont be a bitch. take it for what its worth and fuck off.

Sounds like you'll need to invest serious time & effort to pursue your case.

What if you don't prevail? If the other driver has a clean record, you most likely won't.

Chaulk it up to experience, living in NOVA, women drivers, whatever it takes, and forget about it.

A friend of mine almost had his kid run over by a guy who continually raced through his condo parking lot. After several warnings to the driver, he finally went to magistrate and got a warrant for reckless driving on the guy.

In his opinion the driver was going to kill or run over some kid and it had to be stopped. He filled out all magistrate paperwork and then had to take the guy to court. He also brought in some other neighbors as witnesses.

The judge found the driver guilty. I was very surprised.

Done Wrote:
-------------------------------------------------------
> A friend of mine almost had his kid run over by a
> guy who continually raced through his condo
> parking lot. After several warnings to the
> driver, he finally went to magistrate and got a
> warrant for reckless driving on the guy.
>
> In his opinion the driver was going to kill or run
> over some kid and it had to be stopped. He filled
> out all magistrate paperwork and then had to take
> the guy to court. He also brought in some other
> neighbors as witnesses.
>
> The judge found the driver guilty. I was very
> surprised.

Very cool, and thanks Bill N for the explanation. I do know what the girl looks like and got the make and model of the car, in addition to the license plate. Cops did come to the scene (I called them) and I wonder if they would testify as to the location where we were when they came by. It would help my case.

Without at least another witness, you are completely wasting your time if you persue this.

Jimbo Jones Wrote:
-------------------------------------------------------
> Done Wrote:
> --------------------------------------------------
> -----
> > A friend of mine almost had his kid run over by
> a
> > guy who continually raced through his condo
> > parking lot. After several warnings to the
> > driver, he finally went to magistrate and got a
> > warrant for reckless driving on the guy.
> >
> > In his opinion the driver was going to kill or
> run
> > over some kid and it had to be stopped. He
> filled
> > out all magistrate paperwork and then had to
> take
> > the guy to court. He also brought in some other
> > neighbors as witnesses.
> >
> > The judge found the driver guilty. I was very
> > surprised.
>
> Very cool, and thanks Bill N for the explanation.
> I do know what the girl looks like and got the
> make and model of the car, in addition to the
> license plate. Cops did come to the scene (I
> called them) and I wonder if they would testify as
> to the location where we were when they came by.
> It would help my case.

I might add that he did this in Loudoun County and not Fairfax County, but I would assume the same procedure and results.

Bill N Wrote:
-------------------------------------------------------
> Reckless driving which the officer does not
> witness and which does not result in an accident
> may be one of those violations that an officer is
> not permitted, on his own, to issue a summons for.
> Instead it is necessary for the witness to appear
> before a majistrate who hears the witnesses sworn
> description of events. If the majistrate believes
> what the witness describes was a violation of the
> law the majistrate will issue a warrant, and the
> driver is prosecuted on the warrant rather than on
> the officer's summons.
>
> To get a warrant you'd have to be able not simply
> to identify not just the vehicle but the driver.
> My guess is that you are not going to get a John
> Doe warrant issued, even with the vehicle license
> plate number. This is where the process usually
> breaks down. Without the cooperation of law
> enforcement it is quite often impossible to get
> the warrant issued or served.
>
> If you can pull this off the warrant is supposed
> to be tried in the same manner as traffic summons,
> except that instead of the police officer
> testifying to the offense, you the witness would.
> If you aren't there they will throw out the case,
> and they could even charge you with failure to
> appear. If you do appear you have to identify
> yourself by name and possibly address (opening
> yourself up to retribution) and submit to cross
> examination.
>
> That hearsay stuff is a bunch of BS. A police
> officer is allowed to rely on hearsay in deciding
> whether to arrest someone. Hearsay is only a
> problem in court. They are simply blowing you
> off. You may want to take this lack of
> cooperation into consideration in deciding whether
> you want to proceed



first off hearsay isnt even in this situation at all. at no point is someone saying someone else said something which is hearsay. 2nd off dont encourage them to even attempt to get some sort of warrant for this. its is a waste of everyones time especially the courts. unless they have the incident on tape with a clear picture of the driver NOTHING is going to come of this. there is a reason the cops always say they wont do anything for that and that is because they cant and shouldnt. you cant just call in and have the cops ticket or arrest people same with courts. all the other person would have to do is say prove it and the case would be dismissed

What if the original poster had HD video clearly showing the driver, vehicle, and plate performing the alleged wreckless driving? Would his chances of success in court improve?

novaguy81 Wrote:
-------------------------------------------------------
> What if the original poster had HD video clearly
> showing the driver, vehicle, and plate performing
> the alleged wreckless driving? Would his chances
> of success in court improve?


clearly smart ass it would if he can prove the video is unedited. however he has nothing but his word

Bill N, do you have a knowledge of how this works, or are you just speculating? I mean, if they applied this same standard to rape or robbery, then the victim shouldn't even bother calling the police unless there was a video tape or other solid evidence.

I have often wondered if you could get a volunteer force of people out to put video cameras on their cars and get the police to at least ticket jackass drivers.

Jimbo Jones Wrote:
-------------------------------------------------------
> Bill N, do you have a knowledge of how this works,
> or are you just speculating? I mean, if they
> applied this same standard to rape or robbery,
> then the victim shouldn't even bother calling the
> police unless there was a video tape or other
> solid evidence.
>
> I have often wondered if you could get a volunteer
> force of people out to put video cameras on their
> cars and get the police to at least ticket jackass
> drivers.



think about what you just said? youd be okay with people being arrested and charged for rape or robbery without solid evidence? there does have to be proof of not only that it happened but who did it for it to be prosecuted. thats why rape victims have to get a rape kit done and there has to be other evidence such as bodily fluids and a lot of robberies go unsolved because of lack of evidence.

you had something happen to you on the road get over it thats part of life. do i condone the other drivers actions no, but cops and courts arent going to do anything without solid evidence nor should they, and no your word isnt good enough

Re: don't encourage this

Why do you persist to talk out of your ass? If you don't know something, then shut your mouth.

There is no requirement to prove that a video is unedited to use as evidence. Indeed, even an edited video can be submitted as evidence (i.e., a security camera located in place for 5 years need not present all 5 years of unedited film in order to be compelling evidence).

novaguy81 Wrote:
-------------------------------------------------------
> Re: don't encourage this
>
> Why do you persist to talk out of your ass? If
> you don't know something, then shut your mouth.
>
> There is no requirement to prove that a video is
> unedited to use as evidence. Indeed, even an
> edited video can be submitted as evidence (i.e., a
> security camera located in place for 5 years need
> not present all 5 years of unedited film in order
> to be compelling evidence).




actually there is. security footage isnt edited and any editing has to documented. you cant just bring in any video and have it taken at face value, videos and authenticity can be challenged as well but your too much of an internet tuff guy to take the time to realize that.

for a self proclaimed expert you are really stupid. if you would have used even the smallest amount of logic you would have realized the most logic source of video would be a cell phone camera since everyone has one. i highly doubt he has a dash video like police cars do and he wouldnt have had the time to set home a home video camera as the incident happened. and yes he would have had to have proved the video on the phone was legitimate and undoctored since no original tape exists.

Jimbo Jones Wrote:
-------------------------------------------------------
> Some bitch nearly totaled my car the other day,
> but after skidding, there was no impact or
> injuries. I called the cops but they said that
> since a police officer didn't see the close call
> that my word was just hearsay.
>
> I can go down and take out a warrant against her
> but don't know what that is getting me in to. Just
> curious to see if anyone has ever done this or
> knows about it.


Consider it a warning that you need to purchase a dash cam for your car. Next time you will have video. Just go to google shopping and type in 'dash cam'

Here's something to help you not humiliate yourself in the future regarding the topic:
http://euro.ecom.cmu.edu/program/law/08-732/Evidence/RyanShpantzer.pdf

Contrary to your bullshit remarks, digital video evidence requires no proof of authenticity unless there is proof of tampering. It could be said that there is a presumption of authenticity.

I would like, however, to hear your remarks as to how you could POSSIBLY prove that a digital video is "legitimate and undoctored." The reason being, of course, because you can't.

A little punctuation would go a long way, too.

dont encourage this Wrote:
------------------------------------------------------>
>
> actually there is. security footage isnt edited
> and any editing has to documented. you cant just
> bring in any video and have it taken at face
> value, videos and authenticity can be challenged
> as well but your too much of an internet tuff guy
> to take the time to realize that.
>
> for a self proclaimed expert you are really
> stupid. if you would have used even the smallest
> amount of logic you would have realized the most
> logic source of video would be a cell phone camera
> since everyone has one. i highly doubt he has a
> dash video like police cars do and he wouldnt have
> had the time to set home a home video camera as
> the incident happened. and yes he would have had
> to have proved the video on the phone was
> legitimate and undoctored since no original tape
> exists.

novaguy81 Wrote:
-------------------------------------------------------
> Here's something to help you not humiliate
> yourself in the future regarding the topic:
> http://euro.ecom.cmu.edu/program/law/08-732/Eviden
> ce/RyanShpantzer.pdf
>
> Contrary to your bullshit remarks, digital video
> evidence requires no proof of authenticity unless
> there is proof of tampering. It could be said
> that there is a presumption of authenticity.
>
> I would like, however, to hear your remarks as to
> how you could POSSIBLY prove that a digital video
> is "legitimate and undoctored." The reason being,
> of course, because you can't.
>
> A little punctuation would go a long way, too.
>
> dont encourage this Wrote:
> --------------------------------------------------
> ---->
> >
> > actually there is. security footage isnt
> edited
> > and any editing has to documented. you cant
> just
> > bring in any video and have it taken at face
> > value, videos and authenticity can be
> challenged
> > as well but your too much of an internet tuff
> guy
> > to take the time to realize that.
> >
> > for a self proclaimed expert you are really
> > stupid. if you would have used even the
> smallest
> > amount of logic you would have realized the
> most
> > logic source of video would be a cell phone
> camera
> > since everyone has one. i highly doubt he has
> a
> > dash video like police cars do and he wouldnt
> have
> > had the time to set home a home video camera as
> > the incident happened. and yes he would have
> had
> > to have proved the video on the phone was
> > legitimate and undoctored since no original
> tape
> > exists.



contrary to you being a complete idiot, proof of the video being authentic would be that there is no proof of tampering/pixels are what they should be/lighting adds up ect. it is unbelievable how much you lack even the slightest ability to use logic and reason. im also glad that you think a single academic article sets every single legal precedent that has to be followed every single time.

clearly whatever education you had failed to teach you how to actually think. oh no i dont use proper punctuation on an internet message board. thats pretty pathetic thats the best you could come up with. im done trying to educate you and do something that how ever many years of school you went to failed to do

"What if the original poster had HD video clearly showing the driver, vehicle, and plate performing the alleged wreckless driving? Would his chances of success in court improve?"

"A little punctuation would go a long way, too. "

A little attention to spelling would go a long way, it's reckless not wreckless.

I get what you're saying. In July some asshole ran a red light at a high rate of speed and almost t-boned me in my van with two kids. Luckily, I was looking to my left before proceeding into the intersection. I usually do this, but this time for some reason I double checked in both directions. That probably saved three lives. I was extremely angry for at least a month. Went so far as to drive into the neighborhood the a-hole drove out of and found his extremely distinctive car. Not sure yet if I'm gonna leave a nasty note. In any case, I'm even more cautious of a driver that I used to be, to the point of paranoia and not wanting to drive more than necessary due to the unsafe driving, light running, speeding that are common place in Ffx Cty. and I rarely see cops giving tickets. So, driver beware, and some prayers couldn't hurt.

^^Death may come at any instant. Stop being scared.

^^ Paranoid? Dangerous drivers? How about you learn to drive on the same level as other people and stop being a lazy putz? Just a suggestion.

it is your responsibility to drive in a defensive manner, you were probably 10 inches behind and think your are in the right.

say all you lawyers posting on here, are you charging somebody billable hours while you give legal advice on ffxu

almost dead Wrote:
-------------------------------------------------------
> I get what you're saying. In July some asshole
> ran a red light at a high rate of speed and almost
> t-boned me in my van with two kids. Luckily, I
> was looking to my left before proceeding into the
> intersection. I usually do this, but this time
> for some reason I double checked in both
> directions. That probably saved three lives. I
> was extremely angry for at least a month. Went so
> far as to drive into the neighborhood the a-hole
> drove out of and found his extremely distinctive
> car. Not sure yet if I'm gonna leave a nasty
> note. In any case, I'm even more cautious of a
> driver that I used to be, to the point of paranoia
> and not wanting to drive more than necessary due
> to the unsafe driving, light running, speeding
> that are common place in Ffx Cty. and I rarely see
> cops giving tickets. So, driver beware, and some
> prayers couldn't hurt.


Not sure if you are going to leave a nasty note. Lol. This site has more cowards than any site on the web.

() Wrote:
-------------------------------------------------------
> Sounds like you'll need to invest serious time &
> effort to pursue your case.
>
> What if you don't prevail? If the other driver
> has a clean record, you most likely won't.
>
> Chaulk it up to experience, living in NOVA, women
> drivers, whatever it takes, and forget about it.

Why doesn't your bitch ass friend keep their kid out of the street? Perhaps that would fix the problem! When I was little if you played in the street and your parents were worth a shit they told you once not to do it then whipped your ass if you kept on. They didn't get the guy next door arrested for being in a rush. And whatever judge convicted someone for speeding on a none public highway should have the ruling overturned and disbar the idiot for not knowing the law. Guess that's the world today, but then again kids were taught not to be fucking snitches when I was young too.

Kind regards pussys

I got more of question!my neighbors daughter claims i run her into ditch on the roadway in fact it was she who ran me into the ditch 2 weeks later I get a warrant to appear in court for wreckless driving. doesn't a cop need to witness this?? isn't this just going to be a case of he said she said??

exmark Wrote:
-------------------------------------------------------
> I got more of question!my neighbors daughter
> claims i run her into ditch on the roadway in
> fact it was she who ran me into the ditch 2 weeks
> later I get a warrant to appear in court for
> wreckless driving. doesn't a cop need to witness
> this?? isn't this just going to be a case of he
> said she said??


Sounds like the neighbor went directly to the magistrate and issued the charges on you directly. Citizen's can do this, remember the word "COP" is Citizen on Patrol. You can press charges on anyone for anything as long as you are willing to provide support evidence and/or eyewitness testimony to back up the charge.

Good way to get your ass sued, leave it alone.

exmark Wrote:
-------------------------------------------------------
> I got more of question!my neighbors daughter
> claims i run her into ditch on the roadway in
> fact it was she who ran me into the ditch 2 weeks
> later I get a warrant to appear in court for
> wreckless driving. doesn't a cop need to witness
> this?? isn't this just going to be a case of he
> said she said??


On your copy of the warrant on the left center maybe two or three inches from the bottom of the page there should be a line with who obtained the warrant from the magistrate. Is there an officers name and badge number there or is it the neighbors name. If its the neighbors name then they got the warrant themselves from the magistrate.

A Police Officer can not issue a warrant if he/she did not see the offense. More than likely, it was your neighbor's daughter. She went down to the magistrate and got a warrant based on her side of the story.

Was anybody in the car with you or do you have any witnesses to what happened? The best witness would be someone unrelated who saw the incident from another vehicle and stopped to offer assistance. But any witness will help your case. You may want to consider hiring an attorney since the judge can sentence you to serve jail time.

The Commonwealth's Attorney will work with your neighbor's daughter to present her case to the judge. She will testify about what happened. Any of her witnesses will also testify. You or your attorney can ask questions of her and her witnesses. You will then have to tell your side and any of your witnesses will also testify. The judge will then make a determination about your guilt or innocence based on whose testimony is more believable.

The judge may dismiss the charges, but lately they have been cracking down on aggressive drivers and even in cases like this, depending on how believable the young lady is and the case she and the CA presents, he may throw the book at you. They figure the young lady took the time to go in front of a magistrate and swear out a warrant, so she is given the benefit of the doubt. If the judge finds you guilty, more than likely there will be a fine of $250 + court costs. But the judge may also sentence you to jail time, or community service, in addition to your fine. If the judge finds your guilty and you are representing yourself, appeal immediately! Your will then have the opportunity to take your chances with jury to hear your appeal.

Good luck! Let us know what happens!

You actually sound like the horrible driver. Minivan drivers are horrible drivers. Never looking at the road and always trying to bully others to get their kids to their useless activities. Sounds like you and the guy are both jerks and you both wanted to get into the intersection first. Yes do the world a favor and drive less.



almost dead Wrote:
-------------------------------------------------------
> I get what you're saying. In July some asshole
> ran a red light at a high rate of speed and almost
> t-boned me in my van with two kids. Luckily, I
> was looking to my left before proceeding into the
> intersection. I usually do this, but this time
> for some reason I double checked in both
> directions. That probably saved three lives. I
> was extremely angry for at least a month. Went so
> far as to drive into the neighborhood the a-hole
> drove out of and found his extremely distinctive
> car. Not sure yet if I'm gonna leave a nasty
> note. In any case, I'm even more cautious of a
> driver that I used to be, to the point of paranoia
> and not wanting to drive more than necessary due
> to the unsafe driving, light running, speeding
> that are common place in Ffx Cty. and I rarely see
> cops giving tickets. So, driver beware, and some
> prayers couldn't hurt.

PS. They weren't a wussy looking white guy with a small penis driving around in a oversized F150 with front end damage were they. If they were the police are already looking for them.

http://www.fairfaxunderground.com/forum/read/2/1182380.html

Johnny Law Wrote:
-------------------------------------------------------
> A Police Officer can not issue a warrant if he/she
> did not see the offense. More than likely, it was
> your neighbor's daughter. She went down to the
> magistrate and got a warrant based on her side of
> the story.
>
> Was anybody in the car with you or do you have any
> witnesses to what happened? The best witness
> would be someone unrelated who saw the incident
> from another vehicle and stopped to offer
> assistance. But any witness will help your case.
> You may want to consider hiring an attorney since
> the judge can sentence you to serve jail time.
>
> The Commonwealth's Attorney will work with your
> neighbor's daughter to present her case to the
> judge. She will testify about what happened. Any
> of her witnesses will also testify. You or your
> attorney can ask questions of her and her
> witnesses. You will then have to tell your side
> and any of your witnesses will also testify. The
> judge will then make a determination about your
> guilt or innocence based on whose testimony is
> more believable.
>
> The judge may dismiss the charges, but lately they
> have been cracking down on aggressive drivers and
> even in cases like this, depending on how
> believable the young lady is and the case she and
> the CA presents, he may throw the book at you.
> They figure the young lady took the time to go in
> front of a magistrate and swear out a warrant, so
> she is given the benefit of the doubt. If the
> judge finds you guilty, more than likely there
> will be a fine of $250 + court costs. But the
> judge may also sentence you to jail time, or
> community service, in addition to your fine. If
> the judge finds your guilty and you are
> representing yourself, appeal immediately! Your
> will then have the opportunity to take your
> chances with jury to hear your appeal.
>
> Good luck! Let us know what happens!


Johnny doesn't know shit about the law. Or how things work in court here in Fairfax.

GFR Wrote:
-------------------------------------------------------
> Johnny Law Wrote:
> --------------------------------------------------
> -----
> > A Police Officer can not issue a warrant if
> he/she
> > did not see the offense. More than likely, it
> was
> > your neighbor's daughter. She went down to the
> > magistrate and got a warrant based on her side
> of
> > the story.
> >
> > Was anybody in the car with you or do you have
> any
> > witnesses to what happened? The best witness
> > would be someone unrelated who saw the incident
> > from another vehicle and stopped to offer
> > assistance. But any witness will help your
> case.
> > You may want to consider hiring an attorney
> since
> > the judge can sentence you to serve jail time.
> >
> > The Commonwealth's Attorney will work with your
> > neighbor's daughter to present her case to the
> > judge. She will testify about what happened.
> Any
> > of her witnesses will also testify. You or
> your
> > attorney can ask questions of her and her
> > witnesses. You will then have to tell your
> side
> > and any of your witnesses will also testify.
> The
> > judge will then make a determination about your
> > guilt or innocence based on whose testimony is
> > more believable.
> >
> > The judge may dismiss the charges, but lately
> they
> > have been cracking down on aggressive drivers
> and
> > even in cases like this, depending on how
> > believable the young lady is and the case she
> and
> > the CA presents, he may throw the book at you.
> > They figure the young lady took the time to go
> in
> > front of a magistrate and swear out a warrant,
> so
> > she is given the benefit of the doubt. If the
> > judge finds you guilty, more than likely there
> > will be a fine of $250 + court costs. But the
> > judge may also sentence you to jail time, or
> > community service, in addition to your fine.
> If
> > the judge finds your guilty and you are
> > representing yourself, appeal immediately!
> Your
> > will then have the opportunity to take your
> > chances with jury to hear your appeal.
> >
> > Good luck! Let us know what happens!
>
>
> Johnny doesn't know shit about the law. Or how
> things work in court here in Fairfax.

I think you are the one who doesn't know shit. A cop can not issue a ticket for a traffic offense that they did not observe. Also, about 10 years ago some bitch swore out a warrant on me for reckless driving claiming I was tailgating her all the way down Hooes Road. She was driving 20 mph and kept short stopping trying to get me to hit her. I had to go to court and what Johnny says happens, is pretty much what happened to me in Fairfax County. The Commonwealth's Attorney presented the case to the judge and then called the bitch to the stand to tell her side of the story. I had a lawyer though and he raked her over the coals. Luckily, that morning the judge was cut off by a speeding soccer mom in a minivan. The charges were dismissed because the judge couldn't determine who was telling the truth. I filed a civil suit against the bitch for false arrest, slander and a couple of things and won a judgment of $5,000!

I would like to add my cents into this. As everyone else above said, it would be very hard to prove this to a Magistrate to issue a warrant. Could you imagine everyone going to the police (magistrate's) office to complain about everyone else's? Unless you have independent witness (i dont think passangers in ur car would count as witnesses) it's almost impossible to do it. If this has happened in a shopping centre, you can go into one of the stores and see if they have surveillance camera that could show the illegal offense.

Another thing would, how could you prove who was driving at the car at the time? Most people it's registered to aren't always people driving it. If you really feel strongly about this, go ahead and see how far you can push it. Maybe this female driver is danger to the driving public and needs to be taken off the road.

Personally, i have had close encounters with reckless drivers. If i can get their tags, i called into the Non.Emergency Fairfax Police number and they would get a notice from DMV or Police. I dunno if they still send out warning letters or not. This was back in 2004.