Officer pulls me over on suspicion of speeding, while Im having a cigarette. I toss cigarette out of window, while he is in his vehicle reviewing stuff... He comes back and charges me with littering ($110). And tells me he didnt have me on radar and didnt give me any speeding ticket. I get out of my car and pick up the cigarette and put it in a waste bag in my car. I show him that I picked it up.
Can the charge still stand?
2006-08-16 08:46:45 · 12 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Yes. You got caught littering. Just because you picked it up after he wrote you up doesn't mean that you never littered. Also, you don't have chance beating it court either, you were probably caught on the cop camera throwing the cigarette out your window.
2006-08-16 08:54:13 · answer #1 · answered by Matt 4 · 1⤊ 0⤋
Yes. The crime was still committed. If you hit your neighbor, but then say your sorry, does it make it all better? No.
Just like if your neighbor came into your house while you were away and stole all your stuff. But later gave it back. Did he/she still steel it? Yes. Could you drop the charges? Yes. But do you have to drop the charges? No.
A crime is a crime is a crime.
On a personal note, I hate when people throw their cigarette butts out the window. Yes that's littering. I don't care how small it is. If it's too offensive to keep in your vehicle until you can throw it away properly, then maybe it's too offensive to smoke in the first place.
Now i'm not for the smoking bans that are all the rage now. It's a bar, I expect there to be smoke in there. But keep your butt where it belongs.
2006-08-16 13:31:20 · answer #2 · answered by asterisk_dot_asterisk 3 · 0⤊ 0⤋
u might win maybe..... If the initial stop (probably cause) to pull you over was for speeding and he did not have you on radar or reasonable suspicion based his training that you were speeding the littering offense probably would not stick because the initial stop was not valid. However if the Officer testifies (if you take it to court, trial) that based upon his training,experience, and observations that he believed u were speeding were under reasonable suspicion the stop will be view as valid and so would the littering charge
in most states, even if you picked up the litter afterward, you still littered in the first place. it works the same way for theft, if you stole your neighbors TV and then gave it back, it is still theft.
also know that in most states littering can be committed without intent.
2006-08-16 10:24:14 · answer #3 · answered by McOff.80 2 · 0⤊ 0⤋
2 chances here.
First, the officer admittd he DID NOT have you on radar. Police MUST have a viable reason to pull you over or it is harrassment. He may have assumed you woud throw it out and hoped for it as the ticket would be greater. But the true question remains. How did he know you were speeding enough to pull you over if the Radar didn't show it?!!!
You could also try saying the cigarette and it slipped and burned yo uand you threw it out of pain. Long shot I know and if the cop had one of those cameras he could show that you never tried to explain it . The first is a much better defense. Talk to a lawyer. Most will answer a straight forward question for free. You can also have one assigned to you.
I had a speeding ticket I got out of. How? The place he pulled me over at had no signs around (they have since added them lol) It is a fairly barren stretch and in Utah "unmarked rural" is 55 MPH. (He got me for 55 in a 45) I only spoke to the pre-trial defense lawyer in the courthouse (free) and he had them drop it!
2006-08-16 10:12:59 · answer #4 · answered by nooodle_ninja 4 · 0⤊ 0⤋
Unfortunately, as long as he saw you doing it, you're busted. It's kinda like if someone robs a store and gets caught, but they hand all the money over immediately. Are they still guilty of the theft? Absolutely. The cop didn't have to be a hard*ss on such a minor infraction, but that's how he chose to handle it.
I feel for you; that could have been me a thousand times over.
2006-08-16 08:55:51 · answer #5 · answered by Shelli 3 · 1⤊ 0⤋
Once you threw the cigarette, an offence had already committed. Regardless whether you pick it up or not, you will still be charged for littering.
2006-08-16 14:12:27 · answer #6 · answered by Tan D 7 · 0⤊ 0⤋
sure, it relatively is an offence to deposit or enable to be left any component in an open area and to circulate away it there. i won't be ready to submit to in techniques the truthfully acts, in spite of the incontrovertible fact which you may nicely be fined £50 on the spot or if taken to courtroom upto £1500. in spite of the incontrovertible fact that, it incredibly is in basic terms relatively enforceable if a police officer/PCSO/council warden sees the muddle being dropped, and then in basic terms the pc or PCSO have any actual means (ie use of rigidity) to do something approximately it.
2016-12-11 09:56:15 · answer #7 · answered by ? 4 · 0⤊ 0⤋
of course you can still be charged. I'm trying to pick a good comparison, but can't come up with one. Just because you picked it up, doesn't mean you didn't do it. Sucks, yea. Stupid, yea. but that's the law, buddy.
2006-08-16 09:12:10 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I think you shoudl've picked it up before you got the ticket! ugh.....who litters anyway??!!!! IT's bad for the environment. At least not a cigarette bud!! loser...
2006-08-16 08:55:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Yup! Stop throwing ur trash out the window!
2006-08-16 09:43:48 · answer #10 · answered by It'sMe23 5 · 0⤊ 0⤋