Run-in with local law enforcement
10-04-2006, 07:45 PM
#21
Gentleman's Relish
Join Date: Feb 2005
Location: AZ
Posts: 13,090
RE: Run-in with local law enforcement
ORIGINAL: djl0657
I guess after twenty six years as an officer, I don't know what I am talking about here.
In Maryland, a person with a complaint has the option to go to a court commissioner and swear out a complaint against another driver (IF that person has proof that they know exactly who was driving at the time). A traffic summons COULD be issued if the court commissioner feels that an offense occurred and then the driver would be served at a later time. A court date would appear on that document and the driver would be required to appear before a judge in traffic court.
It is RARELY done, as it would clog up the traffic court. Most people that witness driving that upsets them call and request that the officer talk to the driver and warn him. No record is sent to MOTOR VEHICLE and the issue is done at the moment the phone is hung up.
Many of the dispatchers for the police can talk to the complaintant and calm that person and eliminate the need for police action. Bottom line, most people do NOT want to take the time to appear in court. That is why 99 percent of these complaints are handled over the phone with NO resulting enforcement.
I guess after twenty six years as an officer, I don't know what I am talking about here.
In Maryland, a person with a complaint has the option to go to a court commissioner and swear out a complaint against another driver (IF that person has proof that they know exactly who was driving at the time). A traffic summons COULD be issued if the court commissioner feels that an offense occurred and then the driver would be served at a later time. A court date would appear on that document and the driver would be required to appear before a judge in traffic court.
It is RARELY done, as it would clog up the traffic court. Most people that witness driving that upsets them call and request that the officer talk to the driver and warn him. No record is sent to MOTOR VEHICLE and the issue is done at the moment the phone is hung up.
Many of the dispatchers for the police can talk to the complaintant and calm that person and eliminate the need for police action. Bottom line, most people do NOT want to take the time to appear in court. That is why 99 percent of these complaints are handled over the phone with NO resulting enforcement.
(gimme a break)
Not arguing with you but,
The tactic you describe is nothing more than to calm the 'victim' down and 'scare' the suspect into being less of a jackhole when driving. Like you said nothing can truely be done about it. I guarantee no complaintent has in your 20+ years of service actually gone through the process AND faced the person they accused to push one of these through. If I'm wrong, then I'm wrong and some citizen had no life.
I don't know how different the laws are in Maryland vs CA or AZ (where i've lived for over 25 years) but I have NEVER heard of any complaint making it to the courts or even being an option to go that far unless there is damage or injury. Even my friends that work law enforcement have had some calls where they got a call from dispatch to visit someone at home (after the complaint came in for disturbing the peace from driving wreckless). Not much they can do but drive there and tell mr/mrs ******** to cut it out.
10-04-2006, 07:50 PM
#24
2nd Gear Member
Join Date: Mar 2006
Location: Williamsburg, VA
Posts: 438
RE: Run-in with local law enforcement
No, I am a HUGE sprint car fan. When I lived in Maryland, I would get up to WILLIAMS GROVE SPEEDWAY often.
As I thought I clearly stated, a prosecution almost NEVER occurs; it is too much of a hassle for the witnessing driver. BUT, the procedure is in place if needed; most officers prefer to go by the house of the alleged offender OR call them on the phone.
Time to slip back to the V-6 side; just trying to explain how things CAN work. Going quietly back to where us NON-GT guys post.
Take care,
As I thought I clearly stated, a prosecution almost NEVER occurs; it is too much of a hassle for the witnessing driver. BUT, the procedure is in place if needed; most officers prefer to go by the house of the alleged offender OR call them on the phone.
Time to slip back to the V-6 side; just trying to explain how things CAN work. Going quietly back to where us NON-GT guys post.
Take care,
10-04-2006, 07:51 PM
#25
Gentleman's Relish
Join Date: Feb 2005
Location: AZ
Posts: 13,090
RE: Run-in with local law enforcement
ORIGINAL: djl0657
No, I am a HUGE sprint car fan. When I lived in Maryland, I would get up to WILLIAMS GROVE SPEEDWAY often.
As I thought I clearly stated, a prosecution almost NEVER occurs; it is too much of a hassle for the witnessing driver. BUT, the procedure is in place if needed; most officers prefer to go by the house of the alleged offender OR call them on the phone.
Time to slip back to the V-6 side; just trying to explain how things CAN work. Going quietly back to where us NON-GT guys post.
Take care,
No, I am a HUGE sprint car fan. When I lived in Maryland, I would get up to WILLIAMS GROVE SPEEDWAY often.
As I thought I clearly stated, a prosecution almost NEVER occurs; it is too much of a hassle for the witnessing driver. BUT, the procedure is in place if needed; most officers prefer to go by the house of the alleged offender OR call them on the phone.
Time to slip back to the V-6 side; just trying to explain how things CAN work. Going quietly back to where us NON-GT guys post.
Take care,
10-04-2006, 08:06 PM
#26
2nd Gear Member
Join Date: Nov 2005
Location:
Posts: 334
RE: Run-in with local law enforcement
Personally here is my opinion and I do not mean to offend any people here, specifically officers of the law who I have the utmost respect for.
With that said there is nothing that officer or “other driver†could do. First the officer has to SEE you and WITNESS you committing the violations. If they didn’t personally witness it there’s not much they can do.
As for the “other driver†they too are basically crap out of luck because unless they have a photo graph or some other evidence PROVING you were the person there is nothing they can do either. They can swear out complaints all day but as soon as you walk into court and tell the judge you were never in the area this “other driver†was at, even if you’re lying, nothing the court can do either.
Have to have proof and a license plate number don’t mean nothing, it’s public for everyone to see at anytime they wish and for all you know you could have pissed someone off by parking in their spot.
Any state or court that would entertain such an illogical, and quit frankly stupid, law is in the dark ages and must have nothing better to do with their courts and officers…
Now, the only down side is if this “other driver†was an off duty officer and you can just about bet any court or any judge will believe them at their word. Otherwise there is nothing the officer or “other driver†can do because you could lie in court and no one would ever know…
It’s all about having PROOF…
With that said there is nothing that officer or “other driver†could do. First the officer has to SEE you and WITNESS you committing the violations. If they didn’t personally witness it there’s not much they can do.
As for the “other driver†they too are basically crap out of luck because unless they have a photo graph or some other evidence PROVING you were the person there is nothing they can do either. They can swear out complaints all day but as soon as you walk into court and tell the judge you were never in the area this “other driver†was at, even if you’re lying, nothing the court can do either.
Have to have proof and a license plate number don’t mean nothing, it’s public for everyone to see at anytime they wish and for all you know you could have pissed someone off by parking in their spot.
Any state or court that would entertain such an illogical, and quit frankly stupid, law is in the dark ages and must have nothing better to do with their courts and officers…
Now, the only down side is if this “other driver†was an off duty officer and you can just about bet any court or any judge will believe them at their word. Otherwise there is nothing the officer or “other driver†can do because you could lie in court and no one would ever know…
It’s all about having PROOF…
10-04-2006, 08:41 PM
#27
6th Gear Member
Join Date: Sep 2006
Location: Gainesville, FL
Posts: 11,278
RE: Run-in with local law enforcement
I would have told him to arrest me or go pound sand! I'll be calling the cops on every person over the age of 70 from now on because they shouldn't be driving.
10-04-2006, 09:00 PM
#28
3rd Gear Member
Join Date: Apr 2005
Location:
Posts: 602
RE: Run-in with local law enforcement
I have been a police officer for nearly 30 yrs. I now work part time for a small department a major highway passes through town, we get calls quite often of reckless drivers on the highway coming into town. If the person complaining is willing to sign a complaint we will stop the vehicle and issue a ticket, that person is advised he will need to show up in court if the person pleads not quilty and testify. Most times the person will not sign the ticket because they don't want to come to court, we will observe the vehicle and of course if he is driving reckless we will issue them a ticket.
10-04-2006, 09:53 PM
#29
6th Gear Member
Join Date: Sep 2006
Location: Gainesville, FL
Posts: 11,278
RE: Run-in with local law enforcement
If I call in a complaint about everyone I see who doesn't look back when changing lanes or when they are backing up will you do something about it? I'd be happy to come to court. Some stupid bitch almost hit me on I-95 around daytona because she didn't bother to check her blind spot, good think these mustangs have a loud horn. I gave her the finger, i'm surprised a cop hasn't called me yet. A 70 year old man backed into my wifes car in the walmart parking lot and smashed the passenger door and window because he didn't turn his head around to look back, do something about him.
How many more elderly people have to drive through the front of someones home or the local mini-mart before we start making people take a mandatory driving test after a certain age? They will swear up and down that "the brakes didn't work". That's the gas pedal you're pushing you dumb ****s!
OK, i'm done.
How many more elderly people have to drive through the front of someones home or the local mini-mart before we start making people take a mandatory driving test after a certain age? They will swear up and down that "the brakes didn't work". That's the gas pedal you're pushing you dumb ****s!
OK, i'm done.
ORIGINAL: cfr865
I have been a police officer for nearly 30 yrs. I now work part time for a small department a major highway passes through town, we get calls quite often of reckless drivers on the highway coming into town. If the person complaining is willing to sign a complaint we will stop the vehicle and issue a ticket, that person is advised he will need to show up in court if the person pleads not quilty and testify. Most times the person will not sign the ticket because they don't want to come to court, we will observe the vehicle and of course if he is driving reckless we will issue them a ticket.
I have been a police officer for nearly 30 yrs. I now work part time for a small department a major highway passes through town, we get calls quite often of reckless drivers on the highway coming into town. If the person complaining is willing to sign a complaint we will stop the vehicle and issue a ticket, that person is advised he will need to show up in court if the person pleads not quilty and testify. Most times the person will not sign the ticket because they don't want to come to court, we will observe the vehicle and of course if he is driving reckless we will issue them a ticket.
10-04-2006, 10:42 PM
#30
2nd Gear Member
Join Date: Mar 2006
Location: Marlton, NJ
Posts: 370
RE: Run-in with local law enforcement
The law is a f*cked up thing. I cant believe that someone that has the same rights as you, can say you did something illegal and that means you did it and you are now getting a ticket because someone "said" you were doing it without any evidence what so ever, thats f*cking ridiculous. But if I said that a cop was speeding, talking on a cell phone, running a stop sign, driving recklessly, parked illegally, smoking a joint, luring little children, or tailgating, they would blow it off and i probably would somehow get a ticket. I think its great how if I am about to get pulled over from a cop thats 2 miles away, he has the right to drive 110mph down a 35mph road to stop me for not wearing a seatbelt, give me a break. He is creating a more dangerous situation driving almost twice the speed limit. I thought this country was about equality, yeah what a joke.