Careless driving ticket.

[WillyH]

Originally Posted by Mizzle Or, just tell him the truth: I was having a spirited drive when I see what appears to be an aggressor tailgating me. I attempted to add some space between us, however he began dodging in and out of traffic along with me to keep pace. With all the gun violence these days, I wasn't going to pull over and make myself a sitting duck. Since he was off-duty and didn't have any lights on, I just tried to get away. Since that time, he's had another officer write up a ticket prior to calling my house to speak with my wife to ask about my whereabouts on the day in question. I have nothing to hide, sir, so I don't see why no one asked me instead of mailing a ticket.

I will consider that.

They might ask what "spirited driving" is though.

[Mizzle]

They're not retarded, but let's assume they ask. Just tell them 5-10 over until you found yourself being tailgated by someone you thought was a road-rager or vigilante.

[Pu Manchu]

don't pretend like you were trying to get away from a threatening situation, because the first question the judge will ask you is... did you dial 911?

[SpeedSixxx]

Originally Posted by hidacmrec don't pretend like you were trying to get away from a threatening situation, because the first question the judge will ask you is... did you dial 911?

lol no...

it's illegal to use your phone in most states...

[Pu Manchu]

Originally Posted by SpeedSixxx lol no... it's illegal to use your phone in most states...

i'd love to see you in front of a judge.

"so you disregard all laws about driving recklessly, but observe the laws about cellphone use?"

like i said, it's not a road you'd want to go down in front of a judge.

[mazdaspeedemon3]

please do a follow up on this, i want to know what happens. im thinking same thhing most people are... tickets gonna be thrown out...

Gl man

[cdn ws6]

Originally Posted by Werm to busy to read all the replies; but i'll tell you this. the judge will throw it out. you have to be served the ticket by the cop who witnessed and issued it. its against the law what they did and i hope the judge laughs at their face

Not true at all, you do not have to be served by the officer that wrote the ticket. It can be served by another officer as long as that officer completes an affidavit of service.

Originally Posted by Instrument_Guy He. If they can't prove you were driving, they can't issue points. Hope this helps!

Definitely can't screw with your points but I guess they can still fine you if the ticket was written to the registered owner of a vehicle in contravention of any law. They don't necessarily have to know who's driving to hurt your wallet!

Ask me how I know this......

To the OP, I don't know what country/ province/ state you live in but the above applies to Alberta, Canada.

[WillyH]

Originally Posted by cdn ws6 Not true at all, you do not have to be served by the officer that wrote the ticket. It can be served by another officer as long as that officer completes an affidavit of service. Definitely can't screw with your points but I guess they can still fine you if the ticket was written to the registered owner of a vehicle in contravention of any law. They don't necessarily have to know who's driving to hurt your wallet! Ask me how I know this...... To the OP, I don't know what country/ province/ state you live in but the above applies to Alberta, Canada.

They can't mess with my points because I wasn't pulled over and identified? If so, that's good to hear. thanks.

If I get fined in court, the off duty officer will too. He was tailing and following me right? off duty officer = civilian right? He would be stupid to show up.

[fortressofcomfort]

Originally Posted by WillyH If I get fined in court, the off duty officer will too. He was tailing and following me right? off duty officer = civilian right? He would be stupid to show up.

You think so huh? A police officer of the law is ALWAYS on duty.

So much NOOB in this thread I'm out. Good luck. Remember: DON'T BE COCKY IN COURT. You might get lucky but I'm not as optimistic as these other guys. Please don't GROAN me for saying this; I'm just giving you my perspective. It's not an "unhelpful" post just because you don't agree with it or want it to happen to you.

[Babyface]

Subbing in hopes of a happy ending! lol

[WillyH]

Originally Posted by fortressofcomfort You think so huh? A police officer of the law is ALWAYS on duty. So much NOOB in this thread I'm out. Good luck. Remember: DON'T BE COCKY IN COURT. You might get lucky but I'm not as optimistic as these other guys. Please don't GROAN me for saying this; I'm just giving you my perspective. It's not an "unhelpful" post just because you don't agree with it or want it to happen to you.

The fail is strong with this one.

[mazdaspeedemon3]

Originally Posted by fortressofcomfort You think so huh? A police officer of the law is ALWAYS on duty. So much NOOB in this thread I'm out. Good luck. Remember: DON'T BE COCKY IN COURT. You might get lucky but I'm not as optimistic as these other guys. Please don't GROAN me for saying this; I'm just giving you my perspective. It's not an "unhelpful" post just because you don't agree with it or want it to happen to you.

good, now this is a NOOB free thread there shouldn't be anymore stupid comments like this^^

[cdn ws6]

Originally Posted by fortressofcomfort You think so huh? A police officer of the law is ALWAYS on duty.

Pretty much 100% true. Police officers take a sworn oath to uphold the law.

It would seem the officer that tailed you was technically putting himself "on duty" by doing what he did. Remember, he doesn't need to be in a uniform and police car to still be a police officer.

Personally, I would probably try to get it reduced but as stated earlier, it would be pretty tough to prove you were the one driving unless he can positively identify you. It's doubtful you will lose any points but who knows????

Best of luck whichever way you choose to deal with this. Tickets suck and I myself have had my fare share, live and learn I guess? I pretty much had the same scenario years back, got tailed, started speeding to get out of the way (not excessive) and ended up getting a ticket. Went to court and plead guilty with excuse. The judge didn't listen to a word I said and nailed me with the loss of points and fine, bummer.

[CCC]

Yeah, if your plan of action is to throw the cop under the bus and hope he gets cited too, good luck, but you will fail. You have never had a ticket before, the cop has given out many and been to court many times as well. You are fighting an uphill battle I think if thats your plan of action.

[Atlanta]

Originally Posted by cdn ws6 Pretty much 100% true. Police officers take a sworn oath to uphold the law.

Which he clearly did not while driving like an ass.

[Tokay444]

We have a 50km/h over law.
Get caught doing 50 over anywhere, instantly charged with street racing and your car is immediately impounded and you pretty much get bent the fuck over.
There have been cases, where cops, in cruisers, have been caught doing 50 over, and had cruisers impounded by other cops.
No one is safe.

[GODspeed7]

Originally Posted by fortressofcomfort You think so huh? A police officer of the law is ALWAYS on duty. So much NOOB in this thread I'm out. Good luck. Remember: DON'T BE COCKY IN COURT. You might get lucky but I'm not as optimistic as these other guys. Please don't GROAN me for saying this; I'm just giving you my perspective. It's not an "unhelpful" post just because you don't agree with it or want it to happen to you.

Fortress is right. My father has been a cop for almost 30 years. Started out as a patrolman and worked his way up to chief of police as well as president of the IL police association. He know keeps a cushy job as a railroad police officer since he is close to retirement and they pay railroad benefits as well as retirement.
Now as for what has been said, my dad has done the exact same thing. Someone who didn't like my family blew a stop sign and swerved at my father in his home town. Even though my dad is a police officer in a town 50 miles away, he went down to the local police station gave his statement, and a ticket was issued. It is because he is COLEA certified in IL as a police officer that he has that right and power to uphold the law on duty or off. Same reason that even though IL does not have any sort of concealed carry laws and it is illegal for anyone else to conceal a firearm, a police officer, on duty or off can carry a concealed weapon. This is why when most (not all) off duty cops have any run in with the law they flash their badge in addition to their ID because if they didn't, they would get a gun drawn on them the minute that officer saw a concealed weapon. It's not so they can get out of a ticket. So as much as I hate to say it and as over the top and "vigilante" as that cop was to go through all the trouble to see you got a ticket for you spirited driving, it was perfectly legal. IF you go to court, trust me from my many MANY court appearances for my spirited driving, you catch more flies with honey than vinegar. Yes sir, no sir, it won't happen again.

[CWP_MS3]

Don't count on them to look at the PO as if he was in the wrong. That shit will most likely backfire.

Honestly, be as polite as possible, and do not argue even if you disagree; let them finish their statements and then politely interject your opinions on the matter. In other words, keep it cool and keep your emotions at bay, even if you believe the PO is making you out to be a demon of sorts.

You could stick with being intimidated by an aggressive driver, but they *could* argue that you endangered others by driving "aggressively" to get away from the person, and should have called the authorities. With that being said, that would be the story I would stick with anyways. Unmarked car, not in uniform; could have been a cop, or someone looking to beat your head in because they "believed" you pulled out in front of them. Cops take time to respond, and bad shit can happen in seconds.

Just make sure you have an answer to ALL the questions that are going to be asked.

Take it to court, and hope he doesn't show up. Don't count on it though. But in all honesty, when they are out there shooting radar, they are giving multiple tickets. When its just one offender, they may not see it as worth their time to show up. And with that being said, he did make the effort to file a report at the station, so if there's one thing you can count on, the dude is probably a fucking dick and will most likely show.

[Darth_Nuruodo]

Yeah, there is pretty much no chance of this guy not showing up to court. The fact that he made a special trip to the station to write up a report AND called your home to follow up says this guy's a royal douche and looking to fuck your couch because he can. Watch out before this guy turns into the cop from House a few years back and goes out of his way to hassle you 24/7. As satisfying as it would be to throw this guy under the bus, it's never going to end well, they have so many more opportunities to give you hell than you do to them.

TL;DR As has been said, politeness and apologies in court to try to get the judge to give you something less, and maybe you can get out of the points. GL

[fortressofcomfort]

Originally Posted by Darth_Nuruodo Watch out before this guy turns into the cop from House a few years back...

I remember that season. Man that cop was a douchebag. The best episode is when House was speeding home on his bike, got pulled over by you know who, and all that loose vicodin spilled across the street. LOL. Poor House. Love that show.

[Onelovesoccer]

OP, as much as this would suck, i think you just need to consult a lawyer. hopefully you know someone who can help, but the only way to know is to get one. or start studying up on the law in your area. you may even be able to get a solid answer on the law after doing a few free consultations. generally, one consultation won't get you all the info you need, but if you do a couple, you may be able to piece it all together.

you might be able to get this waived, or at least a lesser fine, but you need to come at it from a factual standpoint (why the off duty cop shouldn't have done that) as opposed to throwing him under the bus. the "he did, so i did too" argument isn't going to make a difference in court. you'll probably have the judge tell you, "two wrongs don't make a right" or some stupid cliche shit like that.

[fortressofcomfort]

Originally Posted by GODspeed7 Yes sir, no sir, it won't happen again.

Take it up a notch. Yes Your Honor, No Your Honor. Alternatively, Yes Judge, No Judge (not quite as good as Your Honor). Look at Judge when responding. No smirks, no groans, no cockiness. "I don't know" and "I don't remember" ARE acceptable answers in some cases so don't be afraid to say that. All of this means more to the judge than any story you could possibly come up with and, with the cop obviously being a vigilante, is going to have his story straight, true, and ready to rock. Again, good luck.

[someguyondrugs]

Lawyer up, or at least get a consult. And good luck.

[nukepilot]

drive faster? if my 07 rabbit did 130 mph your 3 should do 155 I would love an off duty cop to try and keep up with me... what a fun day that would be. I dont like being followed.

I hope you win. you need an excuse for the reason you didnt call the police because they judge will say something about that, like if you felt in-danger why did you not dial 911. phone had fallen in between seats or you had left it at home but make sure. I have fought many a traffic ticket and come from a family of lawyers.

[Tokay444]

What phone?

[MAZ]

Originally Posted by SB.MS3 no its all about how you word it. you say in the officers professional opinion i was driving carelessly. but he was following me.... so he was driving in the exact same manner as i. if you say somethin like that your still leaving the responsibility of proving you were driving caressly on the cop. and by default he would be too. so the cop is basically telling on himself if he says you were driving carelessly. so it would be a win/win. if you get a ticket then the cop should too..which would be funny as shit IMO or it gets thrown out and the cop losses face in front of the judge...which is still funny as shit. edit: i didnt word that very well but i hope you get what im saying...its a catch 22 for the cop. by telling on you he is telling on himself so its in the best interest of the cop to just STFU.

^^this....

as mentioned before, check ur jurisdiction (city where incident happened, city u live in). in most....an officer must pursue and overtake to issue an appearance ticket. this means, the officer cannot lose sight of the vehicle at any time before issuing the ticket.....particularly for a moving violation. a mediocre attorney could fight this and win regardless of the jurisdiction. if u cannot afford an attorney, just remember to be respectful in court ("Yes, your Honor" , "No, your Honor")....this carries A LOT of weight with any judge. DO NOT LIE. Most importantly, do not try to convince the judge that the officer is a rookie douchebag....he'll see it on his own once he hears the circumstances.

"Your Honor, I am not here to say the officer was mistaken. I am here merely to explain my actions. I was unaware the person chasing me was a police officer. Had I known this, I would have pulled over immediately. All I knew was that someone was chasing me and I wanted to put as much distance between myself and this person. There are a thousand things I could have done, in hindsight. But, at that moment, I just wanted to stay away from this person.
I did not, have never, and do not intend to ever intentionally break laws. For this reason, I respectfully request leniency from the court."

good luck, man.

[dantes5823]

Originally Posted by Tokay444 We have a 50km/h over law. Get caught doing 50 over anywhere, instantly charged with street racing and your car is immediately impounded and you pretty much get bent the fuck over. There have been cases, where cops, in cruisers, have been caught doing 50 over, and had cruisers impounded by other cops. No one is safe.

Yea you guys dont play around up there. I just got back from Ontario and i saw that sign and was like holy shit. No wonder i didnt see any fast cars. Whats the point? OP good luck tho. Ive been dicked over a few times by cops and got away with a lesser fine.

[pingaboo]

Originally Posted by dantes5823 Yea you guys dont play around up there. I just got back from Ontario and i saw that sign and was like holy shit. No wonder i didnt see any fast cars. Whats the point? OP good luck tho. Ive been dicked over a few times by cops and got away with a lesser fine.

which part of ontario? i just came back from toronto and lot of people were driving faster than me, and i'm pretty sure i was speeding most of the time. i'm from michigan and i tend to drive just about the speed limit.

[fortressofcomfort]

50km/h is what like 30-35 mph? That's speeding pretty good. I doubt its intended to catch normally flowing traffic.... its intended to catch fuckers like me doing 140 on the interstate to see if the car still pulls in 6th w/new tune.

[Tokay444]

Check out my contributions to the rice of the day thread. In my town it's nothing but high end european luxury and super cars. M series car a the lowest on the list.
There's a gtr on every corner, Astin Martins galore, Ferraris, Lamborghinis, Porsches.
Lots of fast cars.

[dantes5823]

Originally Posted by Tokay444 Check out my contributions to the rice of the day thread. In my town it's nothing but high end european luxury and super cars. M series car a the lowest on the list. There's a gtr on every corner, Astin Martins galore, Ferraris, Lamborghinis, Porsches. Lots of fast cars.

God damn i must have been in the ghetto or something. Fasted thing i saw was a MZ3 with an exhaust lol. I was in Brampton actually.

[Tokay444]

I grew up skateboarding in Brampton. 18 years.
You're not gonna see cars in Bramp'n.

[MAZ]

@WillyH [bump] how'd it go in court?

[Darth_Nuruodo]

^+1 for update!

[WillyH]

Im going to the courthouse this friday and plead not guilty. They will set a court date approximately a year from now. Fingers crossed that the cop doesnt show up.

[zatara]

I love the system. I got an excessive exhaust noise ticket 2 months ago, plead not guilty by mail, still haven't received a court date. By the time I do get to go to court, I'll probably have my stock CBE back in and it'll be half as quiet as when I got the ticket heh.

[WillyH]

Got my court date today - Jan 2013.

lulz.

If cop shows up to court, I crap in his mail box.

[pingaboo]

how the fuck did you pull that off?

[Onelovesoccer]

haha holy shit

[Voltron]

Something similar happened to me years ago while I was stationed out in Washington St.
I was by Tacoma, during rush hour, and I notice a car up my ass. Every lane I got in, this fucking asshole dipped right in behind me. So as soon as theres daylight in traffic, I take off, and this asshole is right there with me. Few miles up the road, theres a cop sitting on the side, and at this point, I'm already back down to the posted speed limit.
Cop pulls out, and sure enough, pulls me over. The guy who was up my ass pulls over also, and gets out to talk to the cop. Long story short, he's an off duty sheriff, who called me in. Cop asks me to step out, and then proceeds to tell me why he's pulled me over, and who the other guy was. So, I'm like, I have no idea what you're talking about, I wasnt speeding, unless you have me on radar, I dont care what that guy told you. Gives me the whole bullshit about how other guy is a sworn officer, and that he would believe his story over mine. Proceeds to give me a wreckless driving ticket.

Go to court a few weeks later, tried a song and dance with the judge, about how all I saw was this huge black dude following me, and I was afraid for my life lol. Judge asks, why would he pick you? I tell him who knows, maybe he hates people from NY( I had NY plates), but I was too afraid to find out especially when I tried to move over when he was tailgating me. Judge didn't buy that bullshit, gave me a $400 ticket. So after he tells me what I won, I say, well if you say that I should pay for driving reckless, shouldnt he get one too since he gave a statement saying he followed me for x amount of miles? Yeah that shit didnt work either lol.

So my point is....it dont matter, youre gonna be donating to the municipality anyways. But good luck to you. Keep us updated.