Legal Question in Traffic Law in North Dakota
What am I suppose to do? A woman ran a stop sign and pulled out in front of me on a rural county road causing a near miss collision because I swerved around her. She then tail gated me at a very unsafe distance. I stopped my vehicle and got out of my car and asked her what she was doing. I told her that if I knew how to make a citizen's arrest that I would get her off the streets. I heard a baby crying in her vehicle and added that she should be charged with child endangerment driving the way she was. She got all defensive and started talking like I was the one driving like a maniac. She said, "I am going to call the police". I told her, "Great then I won't have to , I'll pull up over here and wait with you." She then said, "Get your piece of shit out of my way or I will d *^%$)(% run it over" She backed her vehicle up as I was getting in my car and drove around to the side of my car on the meridian, but had no where to go because of a sign post. I drove on and she was tail gating me again. I got on my phone and pretended to read her license plate. She got on the phone, and finally raced by me. Three weeks later, a sheriff's deputy was at my house, according to my neighbor. I called to find out what he wanted. He told me that this woman filed a report of "road rage", stating I was driving 70 mph, passing in a no pass zone, I was tailgating her, and slammed my breaks on and got out of my car ranting and raving and screaming and yelling, swearing, etc and would not move my car so she could get by. I was so shocked, all I could do was laugh! I told the officer that was not what happened, except that I made the mistake of stopping to confront her. The officer was to meet with me the next evening to get my side. when it was getting late and I had to get to bed I again called him. He said he was too busy and would call me in a couple days. Two days later is when he filed a report stating that he tried to reach me but I wouldn�t answer my door or return his calls. (I have the cell phone records to prove the phone conversation happened). The state's attorney filed charges for "Care required� stating I was driving 70 mph, passing in a danger zone, tailgating, and driving in a manner that jeopardized life and limb. I went to court once now, and pleaded not guilty, filed for discovery, received the state's discovery, and got a request to disclose any evidence I have to the state in kind. What am I suppose to do? The evidence consists of a hand written 1 1/2 page statement from the complainant and a 3 page typed report of the deputy stating what the complainant told him. The stories don't match, the accusations are not true, and I am not sure what my rights are. Is there a motion I can file to the judge or something of that nature? The story, itself, is so ridiculous (She said she was stopped at the stop sign, noticed me a ways down the road, she stated she had plenty of time to get on the road and drive 55 before I would be behind her. She then said I came speeding up behind her at 70 mph, I tailgated her, then sped by her at 70 mph right before a bridge in a 40 mph zone, then less than 1/2 mile I slammed on my brakes, got out of my car and freaked out on her as to why she pulled out in front of me.) Personally, I don't think what she is saying is even physically possible, as from the point she blew through the stop sign in front of me to the 40 mph zone is only 2/10 of a mile and if I was driving 70 and she 40 how could she be forced to slam on her brakes when I supposedly slammed on my brakes 1/2 mile down the road? She wouldn't even have been close to my vehicle if tha were the case. Why don't they see her story is bogus? Plus no one even got a statement from me so I could tell them what happened, and now they charged me! Please help me!
1 Answer from Attorneys
In what jurisdiction are you charged?
Your first mistake was speaking to the sheriff.
In reference to your question about discovery, you don't have any evidence to hand over to the Prosecution, so don't worry about reciprocal discovery.
A lot of what you do depends on the jurisdiction where you are charged. In any case you want to ask for a trial and you can go in and tell your side of the story.
Don't speak to the police or give anyone your side of the story. Time for speaking will be at trial. To do this right you really need a lawyer who is familiar with the jurisdiction in which you are charged.
Fell free to contact me with anything further.
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