Run-in with local law enforcement
10-04-2006, 11:00 PM
#31
2nd Gear Member
Join Date: Nov 2005
Location:
Posts: 334
RE: Run-in with local law enforcement
People, please don’t sweat it as there is NOTHING an officer can do unless they actually witness the situation. There is absolutely NOTHING a private citizen can do regardless if they witness the situation either unless they have video showing the situation AND your license plate AND you in the vehicle.
If the private citizen doesn’t have all that evidence just lie in court, which is fine and no real problem, and then threaten to sue the private citizen schmuck for being a schmuck. There is NOTHING a judge can do either unless the schmuck citizen has ALL the evidence I mentioned.
It’s called the law and there is nothing an officer or judge can do to go around it. The burden of proof is on the schmuck bringing it to court NOT you, you do NOT have to prove a damn thing, simply laugh in court, give an evil smile and say ”Prove it schmuck” While the judge may get a little pissy there is NOTHING he/she can do…
If the private citizen doesn’t have all that evidence just lie in court, which is fine and no real problem, and then threaten to sue the private citizen schmuck for being a schmuck. There is NOTHING a judge can do either unless the schmuck citizen has ALL the evidence I mentioned.
It’s called the law and there is nothing an officer or judge can do to go around it. The burden of proof is on the schmuck bringing it to court NOT you, you do NOT have to prove a damn thing, simply laugh in court, give an evil smile and say ”Prove it schmuck” While the judge may get a little pissy there is NOTHING he/she can do…
10-05-2006, 01:04 AM
#32
2nd Gear Member
Thread Starter
Join Date: Jun 2006
Location:
Posts: 413
RE: Run-in with local law enforcement
Wow, did I get something going. I'm not upset with the officer because I know it is his job, but just driving around afterwards I felt I should be calling in to let them know about all the different people I saw doing illegal things. Oh well.
I think I'm going to start another post now about another thing that has been bothering me lately.
I think I'm going to start another post now about another thing that has been bothering me lately.
10-05-2006, 01:22 AM
#33
3rd Gear Member
Join Date: Apr 2005
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Posts: 602
RE: Run-in with local law enforcement
Maybe in NH you need a vidieo of the the incident but not in the county I work in, we write them all the time , the people sign the ticket, then under oath swear to what happen. The Judge usally believes if a person takes off work and bothers to come to court and swears that someone passed in a no passing zone and nearly hit them head on ect., he's probably is telling the truth. I'm not a judge I just know that we do get convictions all the time.
10-05-2006, 01:35 AM
#34
2nd Gear Member
Join Date: Jul 2006
Location: VA
Posts: 344
RE: Run-in with local law enforcement
Ah man this is classic.
A couple weeks ago, I was driving to work on a 4 lane highway.
I come up to stoplight right before the entrance to the interstate (which I take).
At the light, there's an SUV up front with a Dodge pickup behind him in the right hand lane.
I come up behind the pickup and see the left lane is clear.
So I swing over with the intention of getting ahead and getting on the interstate.
Light turns green and I proceed normally.
And as happens often, the guy in the SUV decided to play (does anyone else get this type of crap with their black GTs?).
So I get down on it a bit and swing in front and hop onto I295.
About 2 minutes later my phone rings; caller ID indicates Unknown Caller (which is usually my job).
I answer and get a male voice saying, "You want a ticket?"
Not sure what I heard I respond, "What?"
The voice repeats, "I said do you want a speeding ticket?"
I answer, "Um, no not really".
The voice says, "The next time I see you getting down on it like that to get around traffic I'll pull your *** over so fast it'll make your head spin".
I say, "Um, ok." and hang up.
I start looking around and begin thinking, Hey! Wait a minute! They can't do that! Not yet at least.
As I get onto I295 that Dodge pickup pulls up next to me with one of my co-workers laughing his *** off.
He'd called into work and had them transfer to my cell phone.
Hell, that was 3 weeks ago and I'm still laughing about it.
But swen, take the advice and chill on the road-rage.
Took me awhile but I came to the realization that my throwing a temper-tantrum in and with my car because some idoit did something to **** me off does absolutely nothing to the idiot and alot to me - blood pressure and headaches are the least of which.
Edit*
Dave L - where you at in the 'Burg?
I live not too far from Newtown development (and desperately trying to get out).
We should get together for a beer and compare notes one day.
A couple weeks ago, I was driving to work on a 4 lane highway.
I come up to stoplight right before the entrance to the interstate (which I take).
At the light, there's an SUV up front with a Dodge pickup behind him in the right hand lane.
I come up behind the pickup and see the left lane is clear.
So I swing over with the intention of getting ahead and getting on the interstate.
Light turns green and I proceed normally.
And as happens often, the guy in the SUV decided to play (does anyone else get this type of crap with their black GTs?).
So I get down on it a bit and swing in front and hop onto I295.
About 2 minutes later my phone rings; caller ID indicates Unknown Caller (which is usually my job).
I answer and get a male voice saying, "You want a ticket?"
Not sure what I heard I respond, "What?"
The voice repeats, "I said do you want a speeding ticket?"
I answer, "Um, no not really".
The voice says, "The next time I see you getting down on it like that to get around traffic I'll pull your *** over so fast it'll make your head spin".
I say, "Um, ok." and hang up.
I start looking around and begin thinking, Hey! Wait a minute! They can't do that! Not yet at least.
As I get onto I295 that Dodge pickup pulls up next to me with one of my co-workers laughing his *** off.
He'd called into work and had them transfer to my cell phone.
Hell, that was 3 weeks ago and I'm still laughing about it.
But swen, take the advice and chill on the road-rage.
Took me awhile but I came to the realization that my throwing a temper-tantrum in and with my car because some idoit did something to **** me off does absolutely nothing to the idiot and alot to me - blood pressure and headaches are the least of which.
Edit*
Dave L - where you at in the 'Burg?
I live not too far from Newtown development (and desperately trying to get out).
We should get together for a beer and compare notes one day.
10-05-2006, 12:47 PM
#36
Join Date: Jul 2006
Location:
Posts: 44
RE: Run-in with local law enforcement
Everyone needs to keep in mind that every State is different, and for that matter, just about every jurisdiction and/or court within a State has some different ways of doing things. The biggest difference is the burden of proof. There are different types of violations. Here we have, basically, two types. One is "civil infractions" (i.e. speeding), then you have certain traffic offenses that are "misdemeanor" traffic offenses. The burden of proof is different for each. For civil infractions the officer only needs "reasonable cause" (sometimes refered to as reasonable suspicion) that the offense occured and that this person committed it. Which is much different from misdemeanor or criminal offenses, which requires "probable cause" (in laymans terms it is a greater burden of proof). Civil infractions require only a ticket be issued based on the officers investigation of the offense. Misdemeanor traffic violations require a ticket be issued, but the officer must also obtain a warrant for the offense.
In other words, based on the description given by Swensicle of how the event occured and making some assumptions on what the "complaining witness" probably said, I could easily issue Swensicle a civil infraction without witnessing it, based on the witness, the fact I have personally seen this car in this area before, and the description of the driver given by the witness, and Swensicle's comments when I talked to him, thus giving me reasonable belief that it occured and Swensicle was the one who did it.
If I decided it was "reckless driving", a misdemeanor offense here, I would have the witness look at a photo lineup, if he identified Swensicle as the driver, and all the same information I stated in the previous paragraph, that would be enough probable cause to believe that this event occured and that Swensicle was the one who committed it. I would then give him a misdemeanor ticket and that would be done.
Now, there are other exceptions and rules built into it, but I think you get the idea that the police can do more than "NOTHING" as previously stated by others. Just remember, there is "officer discretion" involved in this most of the time. Sometimes the officer and complaintant can be satisfied that the problem is addressed by just chewing the person out and satisfying them that it won't happen again. Sometimes the officer may feel like it may require a little more to prevent it from happening in the future, like issuance of tickets. BUT, no matter where you live or how that jurisdiction does things, typically the heart of it all is what the officer feels is necessary to take care of the problem and ensure the safety of the citizens on the road.
Hope that helps.
DISCLAIMER: I can't account for those officers that are just "jack a**es. Every department has one or two and sometimes three.
In other words, based on the description given by Swensicle of how the event occured and making some assumptions on what the "complaining witness" probably said, I could easily issue Swensicle a civil infraction without witnessing it, based on the witness, the fact I have personally seen this car in this area before, and the description of the driver given by the witness, and Swensicle's comments when I talked to him, thus giving me reasonable belief that it occured and Swensicle was the one who did it.
If I decided it was "reckless driving", a misdemeanor offense here, I would have the witness look at a photo lineup, if he identified Swensicle as the driver, and all the same information I stated in the previous paragraph, that would be enough probable cause to believe that this event occured and that Swensicle was the one who committed it. I would then give him a misdemeanor ticket and that would be done.
Now, there are other exceptions and rules built into it, but I think you get the idea that the police can do more than "NOTHING" as previously stated by others. Just remember, there is "officer discretion" involved in this most of the time. Sometimes the officer and complaintant can be satisfied that the problem is addressed by just chewing the person out and satisfying them that it won't happen again. Sometimes the officer may feel like it may require a little more to prevent it from happening in the future, like issuance of tickets. BUT, no matter where you live or how that jurisdiction does things, typically the heart of it all is what the officer feels is necessary to take care of the problem and ensure the safety of the citizens on the road.
Hope that helps.
DISCLAIMER: I can't account for those officers that are just "jack a**es. Every department has one or two and sometimes three.
10-05-2006, 02:20 PM
#37
2nd Gear Member
Join Date: Jan 2006
Location:
Posts: 272
RE: Run-in with local law enforcement
ORIGINAL: Derf00
Um...ask yourself this question....how did he get your number #1?
someone was pranking you or knew who you were and decided to call you and scare/indimidate you. Next time the bitch calls, ask him for his name and badge number. I guarantee they'll either hang up on you or give you bogus info.
ORIGINAL: swensicle
I respect what these guys do very much and have never been "lippy" with one that has pulled me over. Anyway, I roll back to work this afternoon and I get a call on my cell shortly after sitting down at my desk. Hi, this is officer blah blah blah and I received a call that you were driving recklessly.
A guy had pulled out in front of me and so at the next light a nailed it to get in front of him and had very minor squealage. Apparently the combination of that and my loud exhaust deemed it enough reason for him to call the cops. Also, the cop says he lives near where I work and he had seen me yesterday doing something similar.
"If I ever catch you doing this stuff again you'll be going to court.....blah blah blah blah blah"
I guess that's what we deserve for driving mustangs....if it was a grand prix like everyone else it would have been no problem.
The funny part is I think I could have snapped this cop like a twig. He must have been barely pushing a buck twenty.
- - Regardless, I know I was speeding and admitted it right away.....am I the only one?
I respect what these guys do very much and have never been "lippy" with one that has pulled me over. Anyway, I roll back to work this afternoon and I get a call on my cell shortly after sitting down at my desk. Hi, this is officer blah blah blah and I received a call that you were driving recklessly.
A guy had pulled out in front of me and so at the next light a nailed it to get in front of him and had very minor squealage. Apparently the combination of that and my loud exhaust deemed it enough reason for him to call the cops. Also, the cop says he lives near where I work and he had seen me yesterday doing something similar.
"If I ever catch you doing this stuff again you'll be going to court.....blah blah blah blah blah"
I guess that's what we deserve for driving mustangs....if it was a grand prix like everyone else it would have been no problem.
The funny part is I think I could have snapped this cop like a twig. He must have been barely pushing a buck twenty.
- - Regardless, I know I was speeding and admitted it right away.....am I the only one?
someone was pranking you or knew who you were and decided to call you and scare/indimidate you. Next time the bitch calls, ask him for his name and badge number. I guarantee they'll either hang up on you or give you bogus info.
10-05-2006, 04:45 PM
#39
I ♥ Acer
Join Date: Sep 2006
Location:
Posts: 192
RE: Run-in with local law enforcement
ORIGINAL: swensicle
I guess that's what we deserve for driving mustangs....if it was a grand prix like everyone else it would have been no problem.
The funny part is I think I could have snapped this cop like a twig. He must have been barely pushing a buck twenty.
- - Regardless, I know I was speeding and admitted it right away.....am I the only one?
I guess that's what we deserve for driving mustangs....if it was a grand prix like everyone else it would have been no problem.
The funny part is I think I could have snapped this cop like a twig. He must have been barely pushing a buck twenty.
- - Regardless, I know I was speeding and admitted it right away.....am I the only one?
2. If you never saw him, how do you know what he weighs? Cops may not be the biggest on the block, but they have training and equipment that makes up for their lack of size.
10-05-2006, 04:52 PM
#40
I ♥ Acer
Join Date: Sep 2006
Location:
Posts: 192
RE: Run-in with local law enforcement
ORIGINAL: Derf00
even if that's the case, they still can't do squat. All you have to say if push comes to shove, "it wasn't me driving it" In a court of law you have a right to face your accuser and since the officer never saw you he wouldnt' have a clue what you look like or if it was you in the car. Now if you damaged property, that's another story.
Not to mention you forgot one thing..they called his CELL phone. not a home phone.
The dude was just trying to scare you / prank you. ... better yet, Call the number back that popped up on your Cell number.
even if that's the case, they still can't do squat. All you have to say if push comes to shove, "it wasn't me driving it" In a court of law you have a right to face your accuser and since the officer never saw you he wouldnt' have a clue what you look like or if it was you in the car. Now if you damaged property, that's another story.
Not to mention you forgot one thing..they called his CELL phone. not a home phone.
The dude was just trying to scare you / prank you. ... better yet, Call the number back that popped up on your Cell number.