A cop and his partner maintained that I did not stop at a stop sign. The cop came out of nowhere and pulled me over for running a stop sign 2 miles back. I had gone over hills and there were other cars on the road. I intend to fight this. What is the law that I reference?
2006-12-13 22:02:24 · 6 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Well just the fact that it took them this long to stop you will be your best defense. BUT as a rule TWO cops and it is your word against theirs, well you already know the court WILL believe them before you. But just so you will know they could very well defend NOT stopping you earlier or sooner as they can say they were concerned about safety. You yourself said there were hills and there were other cars on the road. All the cop/s has to say is they were concerned for traffic safety as well as your safety. Visibility being one issue, other cars whatnot. You do have somewhat of a defense, but they do as well. Hey, take your shot you have nothing to lose except the time it takes in court. Good Luck. OH and as far as a LAW? What law? I myself have never heard of this.
2006-12-13 22:12:37 · answer #1 · answered by GRUMPY 7 · 0⤊ 1⤋
It doesn't matter how long it took them to stop you after committing the violation. It doesn't change the fact that the violation happened. Where the actual traffic stop occurs is at the officer's discretion within reason. The officer must make the stop in a safe area. That means an area ideal for officer safety and your safety. There are many other factors and two miles is not very far! He was probably stationary when the violation occurred and he has to accelerate and overtake your vehicle that was already in motion. If he loses sight of your vehicle, it can be a defense, but not a reason for dismissal.
2006-12-14 09:53:21 · answer #2 · answered by drb1256 4 · 0⤊ 0⤋
There is no law or case law stating that they have to maintain visual contact with a suspect. It would be an ideal circumstance, but not always practical nor necessary. All they have to do is positively identify you in court that they positively identified you at the traffic stop that you were the one who ran the stop sign.
2006-12-14 08:59:58 · answer #3 · answered by Judge Dredd 5 · 0⤊ 0⤋
If they didn't get your plate or ID you, then I think your in the clear, fight it.
2006-12-14 06:05:00 · answer #4 · answered by Anonymous · 0⤊ 1⤋
just pay the fine
2006-12-14 06:35:16 · answer #5 · answered by scooprandell 7 · 0⤊ 0⤋
I'm right and they're wrong. Go for it.
2006-12-14 06:06:48 · answer #6 · answered by Anonymous · 0⤊ 1⤋