Quick question

[Matt S]

I got a ticket for an improper start from a stopped position. Could I get out on a technicality suchs as not having ever been stopped? I turned the corner and barely and I really do mean barely got on it, but I had a green light and was never actually stopped. The tires literally chirped a little when I accelerated in first. I wasn't floored by any means and I shifted from first to second around ~3K. I personally know the cop was profiling because of things he said like "driving your fancy red sports car". He didn't care that I was a Marine (even though he was a prior Marine I've been told) and I had a flawless driving record. He simply wanted to be a dick. I could go to traffic school and get it off my record, but I'd rather fight it simply because I wasn't doing anything wrong. What do you all think?

 

[mswaim]

I don't believe you have room for the technicality defense you seek. You accelerated hard enough to break traction by your own admittance.

You state you personally know the officer was profiling you due to his comment, but it appears out of context to me. He could have been paying you a compliment for all we know.

I applaude the fact you are an active duty Marine, however in relation to traffic enforcement that fact and a buck won't buy you a cup of coffee if you break the rules - he could have given you a break, he chose not to; that's within his position's discretionary scope.

He is not being a dick, he is executing his mission. For a fellow Marine to call him a dick for executing his mission (though unpopular) THAT my friend, is being a dick.

BTW - who told you he was a prior Marine?

 

[Matt S]

My neighbor is a cop and has heard of him being a "dick" even with them(them being Sheriffs). I didn't at the time know he was a prior Marine, but in hind sight I would like to think that he would possibly give me a break. The reason I said he was a dick is because it's a somewhat small area and I've had numerous people describe this officer in the same light I did. In my opinion this guy is a dick not only from my point of view, but from others including other local police officers. I understand cops doing their mission and I have respect for cops and what they do, but HIM being a "fellow Marine" you'd think we'd look out for our own a little. If I had been drinking and driving or actually driving wrecklessly I would completely understand him not cutting me any slack. As much as you would like to think he was paying me a compliment on the car, he wasn't it was clearly in a condescending tone. If I had chirped the tires like that in my little Ford Ranger I am 99.9% sure he wouldn't have done a single thing. As for the technicality, the violation states "from a stopped postition". I wasn't stopped simple as that, how can that be argued?

 

[jshen]

PM sent

You come to a LEO forum asking for advice- Knowing you are asking LEOs- I would think you would use different language in how you refer to any of us.

 

[Matt S]

Man don't get so up tight. I'm not calling any of you or even this cop A ****. I simply said he was being one with me. I'm not a punk kid and I was very respectful when talking to him. He wasn't a nice guy, not even that he has to be, but it's cops like him that give cops as a whole a bad name. 99% of the cops I have met in the past are great people who I wouldn't think to say a bad thing about, but even you know there's always some bad apples. This was a rediculous ticket, that's how I honestly feel and that's why I'm going to fight it.

 

[Matt S]

The more I think about it I wish I would have just asked about the technicality thing instead of bringing in how I feel about the whole thing. Thanks for your input mswaim, hopefully I can get it thrown out.

 

[jshen]

Reading the Posting Rules located at the top of this forum..would have been helpful. LEOs don't want to hear ranting ..or being referred to as you did. Since you did post a legitimate question- a legit answer.

It appears to me like the officer did cut you slack. He could have cited you with either
§ 316.192. Reckless driving
§ 316.1925. Careless driving as they both fit the "spin tires" scenareo

but used.

§ 316.154. Starting parked vehicle--NONcriminal traffic

I wasn't there, and didn't see anything. Therefore, I suggest going to court and explaining to the judge what occurred in your best military manner. In my area, military are given every benefit of the doubt as we appreciate the service to our county.

 

[Matt S]

Thank you sir, the fine for the ticket is $120. Is there a possibilty of the fine going up if I fight it or will they just rule against me and make me pay the fine?

 

[Crazy Ray]

Reading the Posting Rules located at the top of this forum..would have been helpful. LEOs don't want to hear ranting ..or being referred to as you did. Since you did post a legitimate question- a legit answer.

It appears to me like the officer did cut you slack. He could have cited you with either
§ 316.192. Reckless driving
§ 316.1925. Careless driving as they both fit the "spin tires" scenareo

but used.

§ 316.154. Starting parked vehicle--NONcriminal traffic

I wasn't there, and didn't see anything. Therefore, I suggest going to court and explaining to the judge what occurred in your best military manner. In my area, military are given every benefit of the doubt as we appreciate the service to our county.

I agree. The others would cost more. Just pay it and go to class.

 

[jshen]

First, I don't practice in Florida so my answer is a general one. There may be "court costs- 10-15%" associated with an appearance as there are here in GA. The "fine" won't go up unless the offender's in court behavior is poor. That is something I see all too often. Derogatory remarks= contempt.

Having said all that- if it were me, I would go to court- nicely dressed and tell the judge what you did. Again, here, we generally dismiss the fine and points on a first ticket and let the person attend DD school.

 

[ZChaos0026]

Yes your fine can go up. A judge can impose a fine of up to 500 dollars, plus court costs. and thats just the tip of the ice berg. he can impose mandatory driving school, or even suspend your drivers license. if youre worried about points (im assuming there's points associated with that since it's fine is 123.50 which is the standard fine for a moving violation...ive never written an improper start citation) you can ask the judge for a with hold of adjudication which will nullify the points. Personally, id just take the driver improvement school to stay on the safe side. just remember you can only take it once per year and 5 times total.

 

[FordSVTFan]

All your BS aside, if you think the ticket was unjust you should fight it. I will say this again, a ticket is an allegation by the police officer. If you agree with his charge, you check the guilty box and mail in the fine. If you dont agree with the charge, you check the not guilty box and go to court.

Since the officer will have evidence to present as well as a cogent story and nothing to gain by your guilt or lack thereof, I suggest that you too have a cogent and articulate story of the events that supports your not-guilty plea.

BTW, my next door neighbor is a Marine 0-6, F-18 Driver, stationed for now at MacDill. He said you should NEVER use your status as a Marine to attempt to get out of a ticket that is "unbecoming of an officer."

 

[Finaltheorem47]

I chirp the tires a lot on my pickup and it gets horrible gas millage, so I really really try to go easy on acceleration and end up having people passing me at lights, but then again, rear end of the truck isn't very heavy but I could technically get a for that then wouldn't I? Suppose I should accelerate even slower :\ We've all had experiences with some.. unhappy cops but not everyone doing their job is the happiest person in the world all the time =S

 

[themadgnome]

^^ Huh?

 

[Matt S]

BTW, my next door neighbor is a Marine 0-6, F-18 Driver, stationed for now at MacDill. He said you should NEVER use your status as a Marine to attempt to get out of a ticket that is "unbecoming of an officer."

I never tried to pull the Marine card, I pulled out both of my ID's and he only took the drivers license. I never once mentioned being a Marine and asking or even hinting that I would like some slack. I know my status as an officer and what is and is not acceptable. As I stated above I was nothing but professional with the officer...

 

[FordSVTFan]

I never tried to pull the Marine card, I pulled out both of my ID's and he only took the drivers license. I never once mentioned being a Marine and asking or even hinting that I would like some slack. I know my status as an officer and what is and is not acceptable. As I stated above I was nothing but professional with the officer...

Interesting, because you wrote

He didn't care that I was a Marine (even though he was a prior Marine I've been told)

and

but HIM being a "fellow Marine" you'd think we'd look out for our own a little

Obviously you did expect him to know you were a Marine and did expect some type of courtesy. Whether you said the words or just gave him your ID or a way to know you were a Marine, it is a distinction without a difference.

 

[Matt S]

I also wrote that I never had any idea he was a prior Marine at the time. He knew I was military whether I said anything or not, that's why I said nothing. The base registration on the car and the haircut pretty much give it away. Think whatever you want, I really don't need to explain myself to you. I got the answer to my question and that's the last time I ever go in depth about anything on here, geez. Take care.

 

[99 KOBRA]

***Removed by Moderator***

Read the rules for posting!

 

[mswaim]

Removed by mod

Good thing your opinion counts for less than nothing.............:loser:

 

[99 KOBRA]

********Removed by Moderator************