If a traffic cop lies, do I have any feasible options?

Question

I got pulled over for going 72 in a 60, which was legit; unfortunately, the officer tacked on a no-signal lane change (a $75 fine in this lovely municipality) that was a complete load of crap, and I'm betting he knew it. Do I have any options?

Answer 1

You have options. They are not very good; but you do have them. Pay the ticket is one option. Have your day in court is the other. If you take this to court, know that an officers word is always taken against your word unless you have proof otherwise. It stinks, but you have the burden of proof when it comes to his word against yours.
Whenever an officer fails to appear in court, nearly all the time the case is dismissed. It's a lack of evidence thing. The officer's word is evidence. I am not sure how in-car cameras/video influences things. That might be evidence without an officer's word. Check with a lawyer. One note, court fees might be such that you will still pay. Lawyer's fees are too high for such a case unless it is a keeping your name clean thing. Money-wise, take the ticket and don't gamble on the officer not showing up. Court fees are high if you loose.

Answer 2

Once I bothered with getting a lawyer to help settle an 'error in making a judgment call' (to put it nicely) that a cop made about me. The guy kept looking for a loophole to get me off and couldn't find one--to him letting the cop tell his view of the events and me tell mine wasn't an option (why would the cop lie?). I kinda think I might have done better by representing myself, but maybe he just knew that those things always go the cop's way.

Do note that you run some risk in fighting a ticket. The prepayment amounts are often one amount, but the amount you could pay for the lane change may be variable (and could be higher) if you actually try to fight it. Prepayment is an offer to settle for a plea bargain, not settling takes that offer off the table and you could be forced to pay a different amount.

Since you busted on the lovely municipality in this question, do you think the judge will give you a fair shake? You actually need more than a fair shake, since he has to believe that the cop made up the lane change or you are still going to be guilty, and probably has had the cop in court many times.

I know it's crap, but unless you are going to lose your license over this, I'd pay it and be finished. (If you are going to lose your licence, get an attorney--he could bargain a way for you to only get points for speeding and pay a higher fine, so that the lane change doesn't put points on your record.)

To the guy that mentioned videotape, where I live the cop doesn't turn on the tape until he turns on his lights. If he does have it on tape (either policy is different there or he had his lights on when the lane change occurred), you could seek the tape in discovery if you are going to bother with going to trial.

Answer 3

Go to court and fight it. Sometimes the Justice of the Peace will conclude that both of your versions of events are credible and may give you the benefit of the doubt (around here it depends on the JP you get, some of them don't like police). By the way, a fail to signal lane change here (Ontario) is $110.

A little note about police officers lying in traffic court. If you are lucky you will get about 30 years of service in, during that time you have to go to court many times in front of the same judges and JPs. If you lie your credibility is shot and without credibility you might as well quit. I will write thousands of tickets over my career and it just isn't worth it to lie about them. Most of us actually don't lose sleep if we "lose" a ticket in court. There will be others, and it is just a job. You get paid to attend court and they don't deduct points or anything like that if you don't get a conviction. (Besides, I'll know what you drive and get you the next time, lol)

Answer 4

well you can look up that radar detectors are not all that accurate in the first place and you should always ask to see the radar detector from the officer that clocked you....If the officer fails to provide this information to you your case looks better already. In traffic court its pretty much your word against and officers word and most of the time officers miss the hearing dates. I would argue the fact that the officer tacked on the charge but its pretty much your word against the officers and remember...your innocent until proven guilty so remember he has to prove you didnt use your signal....

Answer 5

Most police vehicles have dash cameras that they turn on before you get pulled over so if you are positive that you used your signal than go to court, but if you feel that there may be a chance you didn't pay the fines and seperate yourself from the incident.

Answer 6

Probably not Municipal Judges are usually in with the Cops.At least in NJ anyway.Try and talk to the prosecuter before the Judge.Good Luck.

Answer 7

you have solid data mutually with your pictures and clarification. you won't be waiting to coach the place the cop substitute into and precisely what he observed yet you could forged doubt on what befell and that possibly adequate. be careful the way you clarify and present day your case. in case you bypass in there asserting stuff like "the cop lied" and "in basic terms filling his quota" it won't bypass nicely for you. in basic terms clarify what you suspect befell in a calm and expert and polite way. present day it as in basic terms a brilliant fake impact which you may choose to sparkling up. I accept as true with the above answer. climate substitute into not somewhat a ingredient one way or the different. it is beside the point to the case. whether it substitute into pouring down rain you nonetheless would desire to end at end signs and indicators. It would not result your case so do not deliver it up.

Answer 8

how are you going to prove it is what the judge is going to know? Do you reall ythink the judge is going to take your word over the cops....as far as I know cops have to video tape everything ask to see the tape to see if you did or did not turn your signal on...that is about the only way you are going to find fault with the officer if there is any

Answer 9

Honestly.....when it's all over and done with........you lose.
Unless you are within some 1 in 1,000,000,000 ect.. (you get the idea), where you have either spent some large sum of money; got very luck; .....or both.

Answer 10

cop is an "expert witness", so what he says carries more weight than what you say. the judge will take the cops word over yours unless you can prove you are right. you are allowed to cross-examine the officer. if you are clever, you can draw him into contradicting himself, thereby proving he is not telling the truth, which would invalidate his testimony and you would then win the case.