Got Pulled Over, Do I have a case? *kind of long sorry*

[enzoballin]

ok, well to start it off i am asking for help and your opinions on my case, and not stupid feedback and bashing on what i have said on the past.

So last night around 730 on my way to a family freinds dinner i was driving on roscoe doing 40 mph, and i had the car in cruise control. The out of nowhere a cop car pulls up behind me and im like shit i got tinted tail lights straight pipe which smells like A$# im screwed, but no he continues to follow right behind me. All of a sudden an officer puts on his lights and siren and pulls me over. I said to my self what did i do!! So the officer comes rushing to my car and starts yelling "Are you under the influence" and i was replying "no officer i am not". He decides to tell me that my eyes are bloodshot, while putting his stupid flashlight in my eye saying i do drugs and that i smoke weed. After about 20 minutes of arguing and me telling him to give me a drug test he says well what is in the back seat. And i say what is it, he says there are Zig Zags and Swishers. I know that is not true and i ask him to point it out and tell me where it is, and he continues to say it is in the back, and that i was to high to know i forgot it there. When i started to get mad i said let me get out with your permission and see what you are talking about. Right away he changes the subject and says "License and Registration". So i give it to him and he is asking me random questions like my dads name my moms name his billing address and all these stupid things. He goes to write it and in the background i hear him say, "F*&%, what kind of car is this thing i have never seen someone drive this around here" and he comes to me and is like what kind of car is it and im like its an Audi officer. And his partner starts laughing saying "Are you that stupid" So back to the ticket...the officer gives me the ticket and it says i was doing 62/35 while following to closely (mind there were no cars anywhere to be found) then he says i was doing 45/35 while weaving in traffic, and then he says i was doing an excess of speed at 60/35...and to top it all off on the part of the ticket where it says approximate speed he puts 59! now with all do respect, what an idiot! So i get the ticket and go on my way and go to the restaurant where i find an off duty cop and i just went to tell him my story and he said i had a case. Now he said that he needed to show me his gun or proof that i was doing that speed, but how can i prove that (i didnt ask him i was still kind of nervous/mad for getting pulled over doing nothing wrong).

Can anyone give me feedback on this and tell me what i can say/do? I would really appreciate it.

[dans]

Some law offices will represent you for a flat rate ($100 - $150) for a ticket, thats what i would do...they usually get it cleared.

With that said, thats a bunch of crap...you must have caught the officer when he was in a bad mood or after he just lost a case against a young driver! Either way, thats BS...

[Johnnada]

I think you caught them when they were high.

seriously though, I think you have a case. GL
Maybe if you fight it, you'll make the officer nervous and he'll buckle.

[Grishbok]

ive never heard of anything like that before. If it happened as you say it happened, that violates almost every protocol for a lawful engagement on a traffic stop. You definately have a case if that is how it happened.

[Bllzll]

well you always say how rich you are... so pick your battles.. this doesnt seem like one worth battling... pay the ticket, and move on

[apatchin]

this seems to happen to everyone at least once. i had the same thing happen to me in portland a couple weeks ago. i was tryin to back into a parking spot and the PO comes up switching 3 lanes of traffic and turns his lights on (it even said transit cop on this side of his crown vic). he said i did not back in correctly..... too i was speeding.....too he was going to tow my car becuase i was driving my pops S4 and i wasn't covered on the insurance... If i didn't stand up for myself and basically call his BS he would have easily given me a ticket. by the end he was threatening to arrest me and tow the car, and i told him he has no right. he ended up just giving me back my license and taking off without saying anything. I got his name and badge number and reported his ass.

i would definitely report him for abuse, also i know there is a law stating that if a policeman follows you for a certain time (like 2miles or something) and tries to pull you over you can call it harassment. might be different in every state but i would look into it. also go to court and tell whomever you can about this, right down everything you can remember so you can really kick him in the nuts if you need too:)

best of luck with it bro...and dont give him the pleasure of taking 100 bucks from you for no reason.

[Quattro2.0]

Do you know if your gonna get points for the ticket?

[enzoballin]

Do you know if your gonna get points for the ticket?

I think i can get a point for this but i am not sure.

[NorcalPB]

I think i can get a point for this but i am not sure.

Luckily he put 59 in a 35, thats only 24 over.
When you get caught going 25 over in California I think some pretty bad shit can happen.

[MurderedA4*20]

Same crap happend to me i pulled out from in n out parking lot next to universal a cop was across the street and had a car pulled over i loovked at my speed i was doin 39 throung the intersection, next thing u know im about a mile and a half down the road i look in the rear view and the cop is screeching around a turn to pull me over.. He also rushed to my car and was like you there doing 70 when u passed me back there then slowed down to 60.. i told him it was bs then he tried to get me for limo tint and luckily i had a ticket for that already then he let me go cuz my damn food was getting cold.. you have a case for sure.. good luck btw enzo Pm me its Jack i always c u on muholland.. what up

[mksap11]

I don't know if the laws in CA are similar to those in MA, but definitely contest the ticket. At worst, you pay the ticket or appeal the Magistrate's decision to get a case in front of a judge

[dj_dub]

you will get a point for sure...it's a moving violation. just take traffic school to have it removed if you haven't taken traffic school in the past 18 months. if you have the time, then fight this ticket...it can't hurt to try and get it reduced at least. the crap this officer was saying to you is straight BS.

[dubfreak75]

He probably hadn't been to the donut shop yet and was still in a bad mood! F'n pigs. I have three of them in my family and I still hate them. That sounds like a huge load of bullshit. I would show up on the court date and explain it to the judge. The cop probably will not be there and they will either throw it out or give you a lesser offense. I grew up in SoCal and have beaten a lot of tickets like that. If you know you did something wrong then just plead guilty of a lesser offense and usually they will give it to you. I love SoCal but their judicial system is a joke and the majority of the cops are assholes. Also, if he said he had you on radar then he has to put the guns info on the ticket otherwise it doesn't mean shit. Good luck!

[Element]

He must have ran outta weed and wanted to take yours.

[Types Cnversion]

u need to get a traffic lawyer. they range from 300-500 for a good one

[redkid's b6]

Take the asshole to court....

[redkid's b6]

Take the asshole to court.... fight it

[Quattro]

you should message bsrpilot44, he is a lawyer I am sure he can help you, shoot him a pm, he always gives people the AZ discount.

-randy

[nadroj81]

why reply to the officer? You are not very familiar with your rights.

[LawSingh147]

Hey im new to the forums, but im a legal intern and will be starting law school next year..in regards to your case, what exactly do you wish to achive? If you have not had any prior tickets you should get a PBJ (probation before judgment), also how old are you?

In regards to the officer radar? the only thing that the judge can request is the book where the must log the dates when the guns were last checked and calebrated

if you are seeking to having actions taken against the officer, u would have to file a seperate case, and honestly unless you had evidence, its not worth the time, efforts and $

Im new to this site, so i dont know how PM's work, but email me at [email protected] and I can help you out and give you sort of a game plan for court day

[chaze]

I work for a federal agency that I cannot disclose however, although I now live in Oregon, I formally worked out of a field office in California and according to one of my colleagues who was formally LAPD, you have a case....

IS THAT YOU JACK???

[StuntManMike]

super troopers.

shenanigans

[bcramer]

Alright...how about you tell the WHOLE story enzo...

Obviously something is not being said here.

Also, as far as a cop following you and then pulling you over. That is because they are running your plates in their cruiser and they are looking at all sorts of information about you and the car. i.e. If you're a dangerous person, any warrants, guns registered to you, etc. It is protocol to look at this information, then broadcast over the radio what kind of backup will be needed.

I want the whole story...not just your obviously skewed version of it.

[cgmiller63]

Fight the ticket it's a matter of principle. You can appear via mail through a Written Not Guilty Plea pursuant to CVC 40519(b). In your plea you can request a Trial by Written Declaration pursuant to CVC 40902. In this way you can contest your citation without appearing at all and will have a better chance of winning than at trial because cops hate to write paper (hubby is a cop). Further, if you lose your trial by declaration, you have 20 days to request a Trial de Novo (new trial) pursuant to CVC 40902(d). You then can appear in court for the first time for your second chance of winning.

Here is the website where I got this info: http://www.ticketassassin.com/whyfight.html

[apatchin]

whats ur deal? never had a bad run in with a cop for no reason

Alright...how about you tell the WHOLE story enzo...

Obviously something is not being said here.

Also, as far as a cop following you and then pulling you over. That is because they are running your plates in their cruiser and they are looking at all sorts of information about you and the car. i.e. If you're a dangerous person, any warrants, guns registered to you, etc. It is protocol to look at this information, then broadcast over the radio what kind of backup will be needed.

I want the whole story...not just your obviously skewed version of it.

[NorcalPB]

What do swishers have to do with being high lol?

So you were acting all smart and brave with the cop but when he gave you the
"unjustified" speeding ticket you weren't smart enough to ask for the radar? You had no problem denying that you weren't drunk/high, but when he gave you the 59 in a 35 you just didn't say anything?

[Kerby]

dude. sounds like the cop was under the influence. It happens often in NY. you get some 22 year old cop that just wants to flex in front of his partner. They play stupid games like that around here often, especially the gang unit.

over here, when you're young or black or both... you have to slow down and let the cop pass because once he gets a look at your face, he's going to pull u over for something like "i could not see your inspection sticker."

we also have T'N'T out here, that's short for Tuesday and Thursday. That's when cops are out looking for traffic violations. Or the 27th and 26th, which is quota day.

Safe motoring guys, be safe.

[Sanjman]

sorry to hear that... cops can get intimidating i think it's a part of their job description...

hey btw... post more pics of your dad's rides possibly with you in them!

[chaze]

What do swishers have to do with being high lol?

So you were acting all smart and brave with the cop but when he gave you the
"unjustified" speeding ticket you weren't smart enough to ask for the radar? You had no problem denying that you weren't drunk/high, but when he gave you the 59 in a 35 you just didn't say anything?

Swishers/black&milds emptied out and refilled with the good stuff. Bet you think Brillo pads are just for those tough dishes and pans too?? JP'in!

[NorcalPB]

Swishers/black&milds emptied out and refilled with the good stuff. Bet you think Brillo pads are just for those tough dishes and pans too?? JP'in!

Hahahaha.

Technically you could use a lot of things to smoke the devil's lettuce.

My friends and I used the part of a paintball gun where the air tank screws into the gun along with some rubber hosing for a piece and used the on/off switch as a carb.

[Sharkfin]

If that is actually how it happened I feel for you, that sucks. I'd fight it no matter what but if the ticket isn't too much then just pay it if you have the money.

[enzoballin]

Alright...how about you tell the WHOLE story enzo...

Obviously something is not being said here.

Also, as far as a cop following you and then pulling you over. That is because they are running your plates in their cruiser and they are looking at all sorts of information about you and the car. i.e. If you're a dangerous person, any warrants, guns registered to you, etc. It is protocol to look at this information, then broadcast over the radio what kind of backup will be needed.

I want the whole story...not just your obviously skewed version of it.

alrigh first of all i have one ticket for rolling through a stop sign...im 17 dude no guns and no retarded shit like that...thats my story..i asked for help from pple like many have done which i appreciate i dont have time for ur nonsense bull shit...take that somewhere else

[enzoballin]

What do swishers have to do with being high lol?

So you were acting all smart and brave with the cop but when he gave you the
"unjustified" speeding ticket you weren't smart enough to ask for the radar? You had no problem denying that you weren't drunk/high, but when he gave you the 59 in a 35 you just didn't say anything?

At the time i didnt think of it...but after talking to a family friend who is an officer he said that by law he doesnt really have to show u his radar gun which i kind of find bs...but its that sort of thing where after the fact someone is like ohh i could have said this or done that...and at that moment i didnt think of asking that.

[rams456]

im sure this is a repost
but
http://www.ticketassassin.com

[Alkemix]

alright, i live in the Bev Hills area too. I know where Roscoes is... it's definitely not a street. It's a chicken and waffles restaurant, unless you were in the valley. I feel like your telling of the story may have lost some correct details along the way from the actual experience to when you posted. A police officer behaving that inappropriately is considered an offense. You might just look like a drug dealer if that is the case, then your own bad... you choose your image. Also, i know 100% that all cops have seen A4's before. They're dime a dozen in our neighborhood. I feel like my car is a camry or a corolla driving through wilshire/rodeo. Regarding your harassment... you can do nothing about it. Your statement is circumstantial evidence and will carry very little weight. You might be able to fight the ticket however, but you gave up a good option when you didn't ask for the speed gun. Get a ticket lawyer (they're not really lawyers) and pay their fee to get it done.

[TonyD]

Fight the ticket it's a matter of principle. You can appear via mail through a Written Not Guilty Plea pursuant to CVC 40519(b). In your plea you can request a Trial by Written Declaration pursuant to CVC 40902. In this way you can contest your citation without appearing at all and will have a better chance of winning than at trial because cops hate to write paper (hubby is a cop). Further, if you lose your trial by declaration, you have 20 days to request a Trial de Novo (new trial) pursuant to CVC 40902(d). You then can appear in court for the first time for your second chance of winning.

Here is the website where I got this info: http://www.ticketassassin.com/whyfight.html

This is a very helpful post since I have a ticket for 70 in a 25. What exactly do you do? Any more info on this would be greatly appreciated!

[Great White]

I agree this is BS and you should fight in court.

From what you described, it looks like those guys are back:

[MichiganAudiDvr]

Hey im new to the forums, but im a legal intern and will be starting law school next year..in regards to your case, what exactly do you wish to achive? If you have not had any prior tickets you should get a PBJ (probation before judgment), also how old are you?

In regards to the officer radar? the only thing that the judge can request is the book where the must log the dates when the guns were last checked and calebrated

if you are seeking to having actions taken against the officer, u would have to file a seperate case, and honestly unless you had evidence, its not worth the time, efforts and $

Im new to this site, so i dont know how PM's work, but email me at [email protected] and I can help you out and give you sort of a game plan for court day

Are you joking? You know you can't give legal advice, right? Please, don't listen to this guy. This guy is more dangerous than your rogue cop, looking to counsel someone because he is a "legal intern not in law school." Sounds like a great idea! Sorry to rag on you, man. But once you have passed the bar exam after a few years of grueling school you will understand why you shouldn't give advice.

And to all you attorney's looking to give advice on this forum, please remember to disclaim the attorney client relationship before posting. This message does not, nor is it intended to, create or establish any attorney client relationship and does not provide any legal advice and should not be considered as such.

This thread should be moved or deleted. It does not belong in the B7A4 area.

[enzoballin]

alright, i live in the Bev Hills area too. I know where Roscoes is... it's definitely not a street. It's a chicken and waffles restaurant, unless you were in the valley. I feel like your telling of the story may have lost some correct details along the way from the actual experience to when you posted. A police officer behaving that inappropriately is considered an offense. You might just look like a drug dealer if that is the case, then your own bad... you choose your image. Also, i know 100% that all cops have seen A4's before. They're dime a dozen in our neighborhood. I feel like my car is a camry or a corolla driving through wilshire/rodeo. Regarding your harassment... you can do nothing about it. Your statement is circumstantial evidence and will carry very little weight. You might be able to fight the ticket however, but you gave up a good option when you didn't ask for the speed gun. Get a ticket lawyer (they're not really lawyers) and pay their fee to get it done.

It was on Roscoe blvd. between winenetka and corbin in Granada Hills

[simona]

next time if you can carry one of those cheap youtube camcorders in the car at all times. Its legal to film the cops doing their job in public