Cop just made a mistake or 4
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SICCMADE
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From: Petaluma, CA
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Cop just made a mistake or 4
Ok so i am on highway 24 going through the tunnel going towards orinda (this in the bay area for those who know) anyway i get out of the tunnel going 60 cant go faster since their was heavy traffic, pass the first exit in orinda move over to slow lane since it was clear got lit up! pull over 2 cops on bikes only one comes up and say you know why i stopped you said going 72 in a 65, hahaha you wish try like 94 coming out of the tunnel, BS. So he said i was on highway 28, mistake 1, never asked for insurance or registration mistake 2,i asked twice to see his and his partners radar never let me see it, mistake 3, and he was an oakland cop in orinda mistake 4, so when i go to court he will be **** out of luck. my ticket looks like it was written by so **** on a harley tryin to mess with people. So i think i can pretty much sleep good at night even with a new ticket to my record, dumb *** cop
Joined: Jul 2003
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From: 20916, CA
Rep Power: 305 use some punctuation please.
to my knowledge police can stop you if they feel you're breaking the law.
why'd you admit you were going 72mph in a 65 zone?
to my knowledge police can stop you if they feel you're breaking the law.
why'd you admit you were going 72mph in a 65 zone?
Joined: Sep 2001
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From: Lexington, KY
Rep Power: 585 
Originally Posted by gh0st
use some punctuation please.
to my knowledge police can stop you if they feel you're breaking the law.
why'd you admit you were going 72mph in a 65 zone?
to my knowledge police can stop you if they feel you're breaking the law.
why'd you admit you were going 72mph in a 65 zone?
even if out of jurisdiction???
Joined: Jul 2003
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From: 20916, CA
Rep Power: 305 ^^^ i honestly don't know if they're allowed to out of their jurisdiction...
but the way i see it is, if a cop that's in the wrong jurisdiction is closer to a crime than the cops that cover that same area, then the cop from the wrong jurisdiction should respond right? i dunno. that's just my .02
but the way i see it is, if a cop that's in the wrong jurisdiction is closer to a crime than the cops that cover that same area, then the cop from the wrong jurisdiction should respond right? i dunno. that's just my .02
Joined: Sep 2004
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From: socal, corona
Rep Power: 313 most places have overlaping jurisdictions.. not sure how it works down to a "town" or "city" level.. but i know that ct/ma/nh/vt/me/ri cops all are allowed to overlap the state line.. and if they see something wrong they are allowed to do something about it.. in july i got a speeding ticket (first in 5 years) i had just crossed the VT state line but it was a MA cop that pulled me over (just over the line.. like.. not even a mile)
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From: Abingdon, Maryland, US
Rep Power: 310 Just remember if you go to court your going to have to stand in front of a Judge and give a plea of either Guilty or Not-Guilty, Seems how it seems like pleading Guilty, what exactly are you going to say to the judge?? I don't think telling the judge that the cop wouldn't let you see the Radar gun, isn't going to cuase the Judge to give you any slack. Also I don't think it's wise to say, "I wasn't doing 72mph, I was doing 95mph" Police lower the mph charge all the time. At least the nice ones do. If you want my advice, go to court, be appologetic, and ask for Leniency, you may get PBJ. If you go infront of a Judge and mutter anything about "The Cop made a Mistake" you'll be S.O.L.
I've had a judge increase my fine, keep the points on my record, and send me to drive to survive, becuase I was cocky in the court room.
So wear a tie, and part your hair in the middle
I've had a judge increase my fine, keep the points on my record, and send me to drive to survive, becuase I was cocky in the court room.
So wear a tie, and part your hair in the middle
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Joined: Sep 2003
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From: Louisiana
Rep Power: 0 1. cops don't have to let you see the radar, in fact they don't even have to lock in the speed.
2. if a cop says you were doing 72mph in a 65mph zone don't pop off at the mouth and say more like 95mph, he was giving you a break instead of taking you to jail. because in my department 30 or more over your going in.
3. most cops have recorders for audio or video or both and the tape will be in court.
4. and most states have over laping jurisdiction with neighboring cities and counties.
best recomendation is to pay the ticket and save the fight for another day.
2. if a cop says you were doing 72mph in a 65mph zone don't pop off at the mouth and say more like 95mph, he was giving you a break instead of taking you to jail. because in my department 30 or more over your going in.
3. most cops have recorders for audio or video or both and the tape will be in court.
4. and most states have over laping jurisdiction with neighboring cities and counties.
best recomendation is to pay the ticket and save the fight for another day.
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Joined: Apr 2004
Posts: 338
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From: SoCal OC / LA / San Diego
Rep Power: 275 Sorry bro, you may be SOL...
What people are saying boils down to 2 points of view
1: The cops don't have proof, they are out of jurisdiction, etc so f$ck em, you are ok
2: You popped off and said something stupid to the cop, and then admitted you were speeding. In the meantime, you are behaving like a snot, and making the cop that much more angry.
In scenario 1, the burden of proof is on YOU to find a good lawyer (Don't try this yourself, you will need a lawyer to fight the ticket). It is on YOU to prove that you couldn't have been going 72 (or 95) or whatever. and the burden of proof is on YOU to figure out what the jurisdiction is of those cops, or if they have an agreement with the other department. Most, if not all jurisdictions have agreements which allow ticketing / traffic enforcement in each other's turf (the legalese is something like "in the interests of public safety, should the departments find it necessary to enforce sections of the CVC in neighboring jurisdictions with permission..." etc). even without, cops from other cities can give tickets, all it takes is about 2 more pages of paperwork to the other jurisdiction. most departments welcome extra traffic enforcement no matter where it is.
Read:
http://www.911law.com/how_to_beat_yo...e_as_1-2-3.htm
those are your best bets. Unfortunately, that "guilty / not guilty" plea thing is already nullified by your coment. Anything you volunteer to an officer is admissible. the Miranda warning only protects you against having to answer questions.
the speed surveys won't help you, because unless its a posted 70, the absolute max speed is 65, period.
You may have something if the ticket is filled out incorrectly, but I believe the legislature passed some kind of law saying that a misprint was OK as long as the only reasonable explanation was as such. e.g. misprinting highway 5 for highway 55 is OK so long as the 55 is nowhere near where he stopped you. if he misprints the make, model, plates, color, your name, your DL #, etc, thats an instant dismissal I think, but you'll have to check the CVC...
http://www.dmv.ca.gov/pubs/vctop/vc/tocd17c2a2.htm
Hope that kinda helps.
Also here's the government index for all codes in CA:
http://www.leginfo.ca.gov/calaw.html
Pick & choose which ones you want to view. I think it's in either penal or civil code where it tells you what jurisdictional conflicts you could cite.
My opinion: If there are numerous misprints on your ticket, and if you didn't admit guilt on the scene, fight it. if you were a jerkoff to the cop and thought you could get away with it, take the traffic school and keep your mouth shut next time.
Oh, BTW, try reading this if you are going to speed again:
http://ehowa.com/mythoughts/nospeeding.shtml
its pretty right on
What people are saying boils down to 2 points of view
1: The cops don't have proof, they are out of jurisdiction, etc so f$ck em, you are ok
2: You popped off and said something stupid to the cop, and then admitted you were speeding. In the meantime, you are behaving like a snot, and making the cop that much more angry.
In scenario 1, the burden of proof is on YOU to find a good lawyer (Don't try this yourself, you will need a lawyer to fight the ticket). It is on YOU to prove that you couldn't have been going 72 (or 95) or whatever. and the burden of proof is on YOU to figure out what the jurisdiction is of those cops, or if they have an agreement with the other department. Most, if not all jurisdictions have agreements which allow ticketing / traffic enforcement in each other's turf (the legalese is something like "in the interests of public safety, should the departments find it necessary to enforce sections of the CVC in neighboring jurisdictions with permission..." etc). even without, cops from other cities can give tickets, all it takes is about 2 more pages of paperwork to the other jurisdiction. most departments welcome extra traffic enforcement no matter where it is.
Read:
http://www.911law.com/how_to_beat_yo...e_as_1-2-3.htm
those are your best bets. Unfortunately, that "guilty / not guilty" plea thing is already nullified by your coment. Anything you volunteer to an officer is admissible. the Miranda warning only protects you against having to answer questions.
the speed surveys won't help you, because unless its a posted 70, the absolute max speed is 65, period.
You may have something if the ticket is filled out incorrectly, but I believe the legislature passed some kind of law saying that a misprint was OK as long as the only reasonable explanation was as such. e.g. misprinting highway 5 for highway 55 is OK so long as the 55 is nowhere near where he stopped you. if he misprints the make, model, plates, color, your name, your DL #, etc, thats an instant dismissal I think, but you'll have to check the CVC...
http://www.dmv.ca.gov/pubs/vctop/vc/tocd17c2a2.htm
Hope that kinda helps.
Also here's the government index for all codes in CA:
http://www.leginfo.ca.gov/calaw.html
Pick & choose which ones you want to view. I think it's in either penal or civil code where it tells you what jurisdictional conflicts you could cite.
My opinion: If there are numerous misprints on your ticket, and if you didn't admit guilt on the scene, fight it. if you were a jerkoff to the cop and thought you could get away with it, take the traffic school and keep your mouth shut next time.
Oh, BTW, try reading this if you are going to speed again:
http://ehowa.com/mythoughts/nospeeding.shtml
its pretty right on
207 Mod is 10-8
Joined: Jul 2003
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From: Maine
Rep Power: 296 You do not have to be in your jurisdiction to issue a summons/ticket. A police officer in one agency is usually sworn in surrounding agencies as well. Radar does not have to be locked, and he does not have to show it to you. As long as he saw the speed then that is all he needs. He does not have to have perfect penmenship to issue the ticket. As long as the pertinent info is on the summons that is al he needs. You should offer a little respect as well when you are pulled over.
PS learn how to type.
PS learn how to type.
Thread Starter
SICCMADE
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From: Petaluma, CA
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PS learn how to type.
Last edited by Danka02; Nov 21, 2004 at 06:37 PM.
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From: Cleveland, Ohio
Rep Power: 467 did the cop say you were going 72 or did you say that? that part of your post is confusing...if you told the cop you were going 72 and he said you were going 90+ or not...
"why i stopped you said going 72 in a 65, hahaha you wish try like 94 coming out of the tunnel, BS."
I hope you did not said that to the cop. Say - going 94 instead of 72.
It you did, good luke fighting that one off.
It is much easier to get off from 72.
I hope you did not said that to the cop. Say - going 94 instead of 72.
It you did, good luke fighting that one off.
It is much easier to get off from 72.
small cities make me poop my pants
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From: Fauquier, Va
Rep Power: 268 ok here's my little tid-bit. Half of the cops in my county (Fauquier, Va) are deputised in the surrounding counties as well. That may answer some of the jurisdictional questions. Hell, some of the cops from the surrounding counties live here, so I would imagine that they are deputised in this county as well.
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