Pulled over for an hour while a cop drove to give me another ticket!!!

[novass72]

I live in kansas city and I was driving to pittsburg kansas ( about an hour away) to take my college midterms. I was late like all college students are and was speeding. I got pulled over. I was doing 88 in a 65. I got issued a ticket for that, but then the officer informed me that a highway patrol officer in another town (in an entirely different county) 45 minutes away was coming down to write me another ticket so i had to wait. What the Hell!?!

I remember passing this cop. he was on the opposite shoulder facing the other way and had another car pulled over when i went by. I dont see anyway he could even know it was me. He could only see through his rear view mirror. So I asked him what i did and he told me he clocked me speeding but it was over an hour ago and there is no way he had me "locked in" still on radar. At this time there were five cop cars behind me with their lights all on and at least seven cops standing around my vehicle (small town). I've dealt with cops before but this was intimidating and being nervous I didn't ask to see his radar.

I paid the one ticket because i got caught fair and square, but the second one seems bogus to me. I am fighting this and my court date is wednesday. Can I get out of this?

Also he got the date and time of infraction wrong on the ticket.

Also if he tries to submit new evidence isn't ther some kind of objection I can say to this?

Thanks I appreciate any help.

 

[themadgnome]

isn't ther some kind of objection I can say to this?

Thanks I appreciate any help.

Generally yes, the officer cannot detain you on the side of the road for that long.

 

[novass72]

thanks madgnome, i didn't even think about that. Any other ideas from people would be much appreciated

 

[RDJ]

you should have asked this earlier. If the first cop is from another county then he is not likely to show up for the second cops court date but he would be a good one to subphonea and question him about why he held you that long for the second cop. He is the one that held you and you would probably be better off if he was there. IMHO.

You could ask for a continuance and explain to the judge that you have decided to issue a subphonea for the first cop. I don't know that works in your state but you need to check it out.

 

[DuffManRHA]

They do NOT have to show you the gun, although its always good to ask because there are unscrupulous officers out there.

It sounds like this will be easy to win if you choose the fight it (the one they made you wait for). What you will need to do is subpoena a LOT of stuff, but its not hard. Here in CA, you go to your "hearing" where you plead, and I ask for the subpoena papers to file and I tell them they ignored my request for discovery. You are going to ask for the calibration records for whatever the guy used, his training records, his copy of the citation (usually they will/are required to write notes there like distance, speeds, etc.), firearms proficiency if he used LIDAR, dash cams if applicable, AND you want ALL of those cops to be there. The whole point, and this is how I win all mine, is to make it as difficult and problematic for them so they don't show up or if they do, they look like idiots.

Now before any LEOs come in here and blast me, understand that I don't think all cops are crooks, money hungry, or whatever the current stereotype is. I DO however think that they have goals, just like any other job, and they do have quotas to measure that job performance. However, if you have a COURT ORDER for some records and the officer/department refuses to comply, you need to bring this to the court's attention!!

Oh and yes, the date and time matter because if you can prove you were somewhere else at the time. But you will want to use that in conjunction with everything else you will procur.

If you are really interested in fighting this, PM me and I'd be MORE than happy to point you in the right direction!

Eric

 

[DuffManRHA]

you should have asked this earlier. If the first cop is from another county then he is not likely to show up for the second cops court date but he would be a good one to subphonea and question him about why he held you that long for the second cop. He is the one that held you and you would probably be better off if he was there. IMHO.

You could ask for a continuance and explain to the judge that you have decided to issue a subphonea for the first cop. I don't know that works in your state but you need to check it out.

I just realized this was for tomorrow as well, yea you should have asked this earlier. However, its ok, ask for a continuance of 45 days, which will give you plenty of time, and tell the judge that you want to subpoena some records (its called a subpoena in duces tecum, or something like that).

RDJ is right, you should also subpoena the officers from one ticket to the other.

Eric

 

[txyaloo]

He didn't need to have the OP "locked" in on Radar to write a citation. I suspect the OP was going fast enough the officer could estimate his speed. Since he was in the middle of another stop, he probably sent a message over the radio to watch for cars matching your description. Instead of thinking you were lucky and slowing down, you kept going and got caught. Sucks for you, but the other officer did see you speeding.

 

[Cobra Was Here]

*Removed by Moderator* Derogatory comments and/or Flippant Remarks about L.E.O.s is not permitted. Consider this your only warning.

 

[ogbatman]

By law if a cop looses sight of u he can not issue a ticket because he has no proof that u were the same car. Unless the same cop catches up with you and u r still speeding. Other than that its his lose. I have gotten out of 2 tickets because of that.

 

[red9450]

I stopped paying attention after I saw ogbatman's sig. lol

 

[ogbatman]

I stopped paying attention after I saw ogbatman's sig. lol

This just proves my point that a face on a woman is not important.:lol:

 

[COBRA90GT]

By law if a cop looses sight of u he can not issue a ticket because he has no proof that u were the same car. Unless the same cop catches up with you and u r still speeding. Other than that its his lose. I have gotten out of 2 tickets because of that.

:dw:


A good cop will remember at least a partial license plate of a speeding vehicle on the freeway. Say it takes a minute or so to leave a stationary position and catch up to the violater (which is often the case when running stationary radar on the freeway) - the cop sees the same plate/car description/driver description/etc - as long as you were speeding at the original point in time, it's still an offense that the cop can pull you over for.

 

[mswaim]

By law if a cop looses sight of u he can not issue a ticket because he has no proof that u were the same car. Unless the same cop catches up with you and u r still speeding. Other than that its his lose. I have gotten out of 2 tickets because of that.

What law are you referring to? None on the books in California I know of, and I am quite sure my knowledge of CA traffic rules, penal code, etc. is a bit better than yours..............and mine doesn't include spending time Googling up answers.

I call total BS. :bs:

 

[ogbatman]

What law are you referring to? None on the books in California I know of, and I am quite sure my knowledge of CA traffic rules, penal code, etc. is a bit better than yours..............and mine doesn't include spending time Googling up answers.

I call total BS. :bs:

It was dismissed because "Reasonable Doubt" was proven.

I went to court in Kern County after getting a ticket on the 5 fwy for going 102mph.
Cops said he was facing south towards North bound traffic and clocked me at 102mph. He radio ahead to another cop to look out for my car. The car that he radioed ahead clocked me at 75mph. After the 2nd cop pulled me over he gave me a ticket for 102mph.
The judge asked the 1st cop who saw me did u loose site of the car after he passed you. The 1st cop said yes. The judge said to the 2nd cop how do u know this is the same car that was going 102mph.
2nd cop said cuz it fit the discription that was given over the radio.
The Judge said but when u clocked him he was only going 75mph you dont know if the car speeding exited the fwy. There for you can not write a ticket for 102 mph if you lost sight of the car that was breaking the law. If that was the case you could be giving a ticket to a person who just got on the freeway that has the same car.
Case Dismiss on the proof that there is "Reasonable Doubt".

 

[musclefan21]

now that is weird. :dw:

 

[RDJ]

:dw:


A good cop will remember at least a partial license plate of a speeding vehicle on the freeway. Say it takes a minute or so to leave a stationary position and catch up to the violater (which is often the case when running stationary radar on the freeway) - the cop sees the same plate/car description/driver description/etc - as long as you were speeding at the original point in time, it's still an offense that the cop can pull you over for.

but you are comparing apples and oranges. in your example it take a minute or two to catch up ... in the OP it was a full 45 minutes before the 2nd ticket cop got there and wrote the ticket. a thousand things could have happened between the first sighting and the 2nd stop up to and including the original car got off the road and a similar car entering.

 

[ogbatman]

now that is weird. :dw:

Think about it. If a cop saw u doing 150mph and lost sight of you. U get off the fwy and another yellow stang gets on doing the speed limit. The cops pulls him over saying that he clocked him doing 150mph. How would the cop prove it was the same stang?:shrug:

 

[STG]

By law if a cop looses sight of u he can not issue a ticket because he has no proof that u were the same car. Unless the same cop catches up with you and u r still speeding. Other than that its his lose. I have gotten out of 2 tickets because of that.

Care to cite that law? :lol1::lol1::lol1:

 

[FordSVTFan]

I just realized this was for tomorrow as well, yea you should have asked this earlier. However, its ok, ask for a continuance of 45 days, which will give you plenty of time, and tell the judge that you want to subpoena some records (its called a subpoena in duces tecum, or something like that).

RDJ is right, you should also subpoena the officers from one ticket to the other.

Eric

You can ask for anything you want, but for a traffic offense the judge will not grant a lot of leeway/freedom.

 

[FordSVTFan]

By law if a cop looses sight of u he can not issue a ticket because he has no proof that u were the same car. Unless the same cop catches up with you and u r still speeding. Other than that its his lose. I have gotten out of 2 tickets because of that.

Congratulations on perpetuating an urban legend. If the officer has articulable facts leading to a conclusion it is the same vehicle, the loss of sight will not be a factor.