I would love to help this guy out but, is there any reprisal from the state, cop, ect if I do send him or his attorney the video?

Nope.  Evidence is evidence.  If there is any attempt to harass or otherwise single you out for anything, you should keep your lawyers card handy and a video recorder running!

I would love to help this guy out but, is there any reprisal from the state, cop, ect if I do send him or his attorney the video?

Not at all. Evidence is evidence regardless of who it supports. The cop might not like you is all.

Maybe you should post the video here! What are the circumstances? Do you want to share the officers name?

Call me paranoid but, I can see some reprisal like them trying my case over and raping me all because the state lost both cases. Is it possible that can happen? If not I'm helping the man out as soon the PD office opens.

Call me paranoid but, I can see some reprisal like them trying my case over and raping me all because the state lost both cases. Is it possible that can happen? If not I'm helping the man out as soon the PD office opens.

Look up your case online or look at the paperwork you received after court.

Look for the words "Dismissed with Prejudice".

That means they can never retry those charges in that case.

A dismissal with prejudice is dismissal of a case on merits after adjudication.
The plaintiff is barred from bringing an action on the same claim. Dismissal with
prejudice is a final judgment and the case becomes res judicata on the claims
that were or could have been brought in it.

Awesome. It does infact say "Dismissed with Prejudice" on both charges. I will definitly mail them the evidence asap. I appreciate the help MD!

Awesome. It does infact say "Dismissed with Prejudice" on both charges. I will definitly mail them the evidence asap. I appreciate the help MD!

No problem.  I hope the other guy benefits from the video, and he appreciates your willingness to help!

 

Hell of an argument for dashcams right there.

I called the PD office and they claim he has an appointment in March, and had no contact info for him. He does not have an attorney assigned yet.

Fortunately we live in the great USA where giving YOUR evidence to someone else is legal.

Hey guys,


So I received a ticket for Reckless driving and racing on a highway. All bogus. I record with a dash cam whenever I drive and had that as proof. I consulted an attorney and he agreed the charges were completely bogus and we fought it and WON! Both Counts.
Also, the cop pulled over another guy and gave him the same charges. Also caught on my dash cam. He had one dismissed and he has another court date for the other charge.

When I consulted my lawyer, I was told after being found not guilty, I could go after the state. I emailed my lawyer and am waiting on a response.

Have you folks ever heard of anything like this? Bogus tickets and taking action against the state.

Also, how can I get in touch with the other driver? And should I? I have his license plate number and name. That's it.

Thanks guys!

Heard about BS ticketing...........all the time.  Some intentional, some not.

Going after the State..........unless a Sheriff, DLNR, or other LEO pulled you over you're talking about going after the County.  KPD, HPD, MPD, etc are all County LEOs.

The other driver, I'd try Court Connect. If the guy has a ticket before he is probably in the system.  Might get you their name, but you'd have to do a good old fashion search of the phone book, Facebook, etc to see if it's the same person.

I called the PD office and they claim he has an appointment in March, and had no contact info for him. He does not have an attorney assigned yet.

It's quite possible the court rescheduled the case for later, but the change isn't in the online record, yet.

It might show up later.  The clerk of the court would have the official court dates, i you want to try them. 

First Circuit Court, Ewa Division:  (808) 534-6900

I just called 1st ds court. The next date is 8:30am on the 11th.

I just called 1st ds court. The next date is 8:30am on the 11th.

That agrees with the online record. 

Sounds like the Public Defender's office has their collective head up their buttocks!

Try calling again, and tell them one of their defenders is about to accept a plea deal for a client you can exonerate if you can get the evidence to the right person.

If they can't figure out how to help, tell them you have no choice but to contact the prosecutor's office.  At that point, they will probably wake up and actually help.

Try asking for a supervisor.  Many of these offices have temps and low-paid paralegals manning the phones.  If you aren't a court officer calling to assign the PD a new case, they probably don't know what to do.

So I called the PD office and got in touch with the Supervisor, the Attorney for the guy was in court. They will pass my contact info along, just in case that doesn't happen, I also have the lawyers name. I appreciate the help guys!

.

I just came from the beach, shirtless with my wife and infant in the car, the last thing I would do, especially after the beach is "race" anyone or drive "reckless". The other guy wasn't even "racing or driving reckless" the only thing the other guy could have been guilty of is speeding. I was doing 65 exactly and had my GPS to back it up. Cop is crooked. Even my lawyer was outraged and felt he shouldn't even be on the force...

I won't weigh in on whether i think you're guilty of the offenses or not, but it's probably not a good thing that you admit to traveling above the speed limit.  Although speeding is not in and of itself determinative of recklessness, it is certainly a factor to be considered.

The main issue in all reckless cases is the mens rea of "reckless."  as with all criminal cases, the mens rea is usually one of the most difficult things for a prosecutor to prove.  here, the statute looks at whether the driver was operating a vehicle "recklessly in disregard of the safety of persons or property."  Since this is a judgment call on the officer's part, it would be very difficult for you to go after the HPD on this issue.

what really sucks is that, because 291-2 is a petty misdemeanor, it was probably recommended that you retained counsel.  I'm not sure what the rates are anymore, but i think that it used to be around $1,500 to $2,000 to retain counsel for a case like this.  I'd hate to be out that kind of cash simply because the officer, in his opinion, believed you to be driving recklessly.

in regards to the other issue that you brought up, the American Bar Association's Model Rules of Professional Conduct places certain greater responsibilities on prosecutors.  the model rules were substantively adopted by Hawaii, but Hawaii uses a slightly older and slightly modified version of these rules.  Specifically Rule 3.8 requires a prosector to disclose evidence that tends to exonerate or exculpate a defendant.

if you feel like sharing your video with the prosecutor's office, you might be able to help the other guy out.  at the same time, if there is incriminating evidence on there related to your case, it is possible that there are negative consequences for you too.

I won't weigh in on whether i think you're guilty of the offenses or not, but it's probably not a good thing that you admit to traveling above the speed limit.  Although speeding is not in and of itself determinative of recklessness, it is certainly a factor to be considered.

The main issue in all reckless cases is the mens rea of "reckless."  as with all criminal cases, the mens rea is usually one of the most difficult things for a prosecutor to prove.  here, the statute looks at whether the driver was operating a vehicle "recklessly in disregard of the safety of persons or property."  Since this is a judgment call on the officer's part, it would be very difficult for you to go after the HPD on this issue.

what really sucks is that, because 291-2 is a petty misdemeanor, it was probably recommended that you retained counsel.  I'm not sure what the rates are anymore, but i think that it used to be around $1,500 to $2,000 to retain counsel for a case like this.  I'd hate to be out that kind of cash simply because the officer, in his opinion, believed you to be driving recklessly.

in regards to the other issue that you brought up, the American Bar Association's Model Rules of Professional Conduct places certain greater responsibilities on prosecutors.  the model rules were substantively adopted by Hawaii, but Hawaii uses a slightly older and slightly modified version of these rules.  Specifically Rule 3.8 requires a prosector to disclose evidence that tends to exonerate or exculpate a defendant.

if you feel like sharing your video with the prosecutor's office, you might be able to help the other guy out. at the same time, if there is incriminating evidence on there related to your case, it is possible that there are negative consequences for you too.

I doubt that, since his charges in the case were dismissed with prejudice.

Asinapple, I was on the 65mph highway ( I forget the name) going 65... The 65mph highway from or to kapolei.

Asinapple, I was on the 65mph highway ( I forget the name) going 65...

you mean the Waianae Autobahn?

you mean the Waianae Autobahn?

Lol, if that's what they call it. But, I was doing the speed limit exactly, I remember double checking.