Ok, my husband was on his way to work one morning at 4:00 am. He was driving along and then came to a light. It was one of those times where you hurry and try to go or stop suddenly and maybe drive a bit over the white line. He decided to stop. There was a cop kitty corner to him. After his light turned green he went and the cop pulled him over. He gave my husband a ticket for "failure to obey a traffic signal." The cop said "If I wasn't there you would have went through the light."
My question is...can he give my husband a ticket for presuming what he would have done? AND my husband DID NOT fail to obey the traffic light, he stopped.
He decided not to pay the ticket and contest it in court...do any of you think he will win? It's pretty much the cops word against his.
PS he also refused to sign the ticket, but then the cop told him he would take him to jail...so he signed the ticket.
2006-07-17 10:37:20 · 13 answers · asked by Coltsgal 5 in Politics & Government ➔ Law Enforcement & Police
I am a police officer, but I can see both sides to this.
Your husband stops suddenly after he decides not to go through the traffic light. Unknown to your husband the cop is watching and thinks your husband saw him and that is the only reason why your husband stopped. ( this happens a lot, you should see people run the light and then stop in the middle of the intersection after seeing the cop just to make it all better or they back up and do it all over again)
When your husband stops, he is passed the line to stop at and it looks like he just stopped at the last minute when he saw the cop.
Your husband thinks he just stopped in time and did not go through the light and all is good.
In TEXAS it is a violation of it's own to pass the white line. ( not that you will get a ticket for going over it, the laws are just built around each function of an intersection and trafic light for other things ) ( you just don't build an intersection, and call it an intersection without official rules) .
If the law states you stop at or behind the line and your husband goes past the line.......there is a violation.
Yes, he did stop.......but it was not correctly. Keep in mind the cop thinks the only reason he stopped was because of him.
Now to your question as to the cop presuming what your husband would of done........that is he own personal comment he added in and has no effect on anything. The cop still thinks the only reason your husband stopped is becase he saw the cop.
Your husband was smart by signing the citation. All a citiation is just a promise to appear. It does not imply guilt, just a promise to contact the court as to your intent.
Your husband should take it to court and explain as to why he stopped why and where he did. Between your husbands testimony and the cops....it will show that he just did not blow the stop sign, he just stopped at teh last minute and at the wrong spot because of the last minute stop.
Alot will depend on the specific facts and how well you can articualte what happened.
2006-07-17 11:43:10 · answer #1 · answered by Anonymous · 0⤊ 0⤋
First, when your husband signed the ticket, he did not admit his guilt; but rather acknowledged reciept of the ticket... now to the main issue here, Police officers can only issue citations for violations that did indeed occurr. This is rediculous, and this officer gives many others a bad name, otherwise the officer could write seat-belt tickets to law abiders by saying, well if it wasn't a law you wouldn't wear one; he is in no position to make that call. Worst case scenario in court is that he somehow gets jammed with the fine and the points, I wouldn't get a lawyer yet; however I would ask that the videotape be played before the court, and if what you are saying is true; it will show beyond a reasonable doubt that the infraction did not occurr and that the ticket is bad, and if that were to be played in court; I would doubt that the officer would have any credibility; and probably everyone in that court-room will walk for that day... I am sorry that this officer gave you such a negative taste for law enforcement; but that is a ticket that is definately worth fighting... and also check on the top of the citation to make sure that it is not checked as a warning that may have been the case; otherwise the officer better be ready for a couple of weeks off of work!
Best of luck to you
2006-07-19 19:56:54 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It's usually a good idea to challange this kind of a case in court, select a jury trial if possible. The odds of the cop not showing up for the case - to begin with, are relatively high (in which the case is dismissed). A jury would make a fair decision on this case, which sounds like crap anyway. As far as presumption, don't worry about it - the cops can only apply the law, they are not arbitors of justice. And, signing a ticket does not equate to an admission of guilt - essentially it's just saying you rec'd it.
2006-07-17 10:48:04 · answer #3 · answered by trc_6111 3 · 0⤊ 0⤋
Your husband was right for challenging it.. he should try to get the cop for abusing his authority...he is going to have to prove in court that he actually went completely through the light..not what the cop thought he was going to do. when the judge asks the cop did he go through the light or did he stop .the cop is supposed to tell the truth..and judge is going to make the cop look like a fool.saying you gave this man a ticket for stopping at a red light? that you thought he was going to drive thru...i am tossing this ticket WISH YOUR HUBBY THE BEST OF LUCK WHEN GOES TO COURT
2006-07-17 10:49:49 · answer #4 · answered by nas88car300 7 · 0⤊ 0⤋
In a situation like that, all your husband needs to say is: I did what I thought to be the safest thing to do at the time. I did not run the traffic light, I was not speeding, and I judged best to stop my vehicle the way I did. He should not be given a ticket for that, along it is harrasment by the police officer to tell your husband hes going to take him to jail. Your husband should win fairly easily.
2006-07-17 10:44:55 · answer #5 · answered by a_rajalonghorn 3 · 0⤊ 0⤋
Florida also requires you to stop at the white "stop line", and you can get a citation for passing it. I've only written one ticket for it, and that was because it caused a crash.
From reading what you wrote, I'd almost be willing to bet that his attitude played a role in him receiving a citation. There have been situations in which I've intended to stop someone, find out who they are, and then turn them loose with a verbal warning. Sometimes those people talk their way into a ticket. You never know who is driving, so this is a good opportunity to stop those driving around at this late (or early) hour to see who they are and what they're doing. I've solved several burglaries this way.
2006-07-20 05:30:53 · answer #6 · answered by Anonymous · 0⤊ 0⤋
No, he cannot. Also, nearly 100% of traffic stops are RECORDED on video these days. Your husband needs to get with a lawyer and challenge the ticket in court. Yes, he could win. However, he MUST file for discovery and get a copy of the cop's video tape/audio tape. If the cop did NOT record it, it could possibly stand. Tell him to get a lawyer ASAP.
2006-07-17 10:42:15 · answer #7 · answered by cyanne2ak 7 · 0⤊ 0⤋
Its basically your husbands word against the cops, but if his traffic (and criminal) record is relatively clean he might get a fair shake. Hopefull this officer did this before and somebody has complained.
Judges need to be given more credit - they're more with it than they let on....hopefully.
I say go for it - its not a waste of time.
2006-07-17 10:42:20 · answer #8 · answered by ScreeHerb 3 · 0⤊ 0⤋
Depends... if he has to miss a day or half day of work is it really worth it? Chances are the Judge will take the word of the cop unless your hubby has a witness...
2006-07-17 10:46:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If he stopped, I don't think he should get a ticket. I hope he wins in court. I am sick of cops taking advantage of their postition.
2006-07-17 10:41:50 · answer #10 · answered by star29 4 · 0⤊ 0⤋