Strange police procedure in bad weather - help!?

Question

I was driving home when the storm started in PA the other night. A car in front of me was losing control (stopping short) and in order to avoid hitting them I passed on the left in a no passing zone. If I had gone right there was a snow bank forming. As I passed left a police officer was a block up and saw this, however didn't stop me. I drove another 2-3 miles home and was stopped in my driveway by the officer after parking my car. He ordered me back into my vehicle and ran my documents. He quickly returned to say he had another call to get to and that I would get documents in the mail. I tried to discuss what happened but he just walked away and drove off. I assume he meant tickets. I freely admitted I improperly passed, but I was in control of the vehicle and was under the speed limit (about 20 mph in a 35mph). It was either accident or go around. It seems like this was strangley handled by the officer, I plan to fight it in court, any input would be appreciated on this...

Note: the officer did give my documents back before he took off.

NOTE: I was driving home from work

NOTE: just got tickets in the mail for careless driving, driving at unsafe speed, and pass left unsafe

Answer 1

Jekin has the best answer.

Answer 2

As an officer myself, I hope I can possibly convey what I THINK was going on in this officers mind.

The stopping of a driver with the intention of writing a "summons" or traffic citation is actually an arrest. Essentially, the officer has arrested you yet released you "upon your own recognizance." The taking of the license is not improper as it is the property of the state and must be relinquished upon demand by legal authority. It sounds like the officer intends upon issuing you a "summons" and then returning the documentation to you! Based upon the fact that the officer observed you outside of the vehicle...ordering you back to the inside of the vehicle is a matter of safety from the elements as well as for officer safety and not improper!

Based upon your description of the events, I can certainly appreciate what you did by passing over the center line although NOT a passing zone. Looking at this from the legal prospective, you committed the violation...period. Admittedly, there are unusual circumstances, however, this may be looked at in a manner where the officer and the court will ask...were you following from a distance so close that you were unable to properly stop your vehicle to avoid the hazard. Known in the field as "Following to Close," this is a problem which results in fender benders that could be avoided if drivers followed at a safer distance based upon weather and speed conditions.

We've all seen how some drivers, despite the weather, make no adjustments to their driving speeds thinking that they can stop in time. I try to provide a friendly reminder that the speed limits posted are the maximum safe speed for the best of conditions!

When you say you were "in control" of your vehicle...I must politely ask that HAD you been in control...would you have had to travel in the on-coming lane of traffic to avoid a rear-end collision?

Because the officer had already witnessed the event, he is within his right to issue the ticket. Certainly under the circumstances you mention....maybe it would have been nice for a "verbal warning." This is, however, at the officers discretion!

Whether you fight this event in court or not...is certainly your right! I just hope that a bit of light is shed from the "other side" of the ticket book!

I'm also glad you and the other driver didn't have an accident and in hopes that this may help....

Best wishes!

Answer 3

As far as the offense goes, regardless of the weather conditions you are expected to keep enough distance between yourself and the car in front of you in order to avoid striking that vehicle should it stop suddenly. You should have increased the distance, that's what the prosecutor and the judge will tell you, especially considering the weather conditions.

There are a lot of reasons why he could have stopped you at your house (or 2-3 miles after the incident), but it is standard for police officers to order people back into their cars on traffic stops regardless of the circumstances.

Answer 4

Type exactly the date, time, and all that you can remember about the incident. Take this to the Chief of Police, first, to see if it was even legal for this officer to ticket you AFTER you'd gotten out of your car. (that is really odd). Explain the circumstances as you did on your question to him. If he is not ready to 'write it off as bad judgment of the part of the officer and let you be ticket free for this............ask the District Attorney or write TO a traffic court judge. Explain what happened. If you want to fight the ticket, take your notes with you, explain as briefly as you can (do not muddy the waters with "I was hurrying home to get out of the storm"......no , no!). Just keep it brief, and explain you had exited your car, at your home, before the officer even stopped you! Explain he ordered you back into the car, in order to write a ticket.

Answer 5

Generally, you are presented with a citation when stopped and are usually required to sign it (promise to appear). Not quite clear if the officer returned your license, registration, and insurance documents or if that is what he is returning. If he did return those, I kind of doubt you will be getting a ticket in the mail.

If the officer took your Lic., Reg., and Insur. papers with him and intends to mail those back with a ticket; that is very improper. That officer left you without a lic, reg. or insur. to legally operate your car. That is worth a complaint to the officer's department and to the judge at your hearing.

Assuming, for the moment, you are cited for the improper pass; your explanation is certainly reasonable. You stand a pretty good chance convincing the judge you are not guilty.

Answer 6

Your driver's licence is the property of the department of licencing (or whatever it's called in your state); since Police enforce the laws of the road, they probably have the right to take it away, but not in that manner. That's the problem these days, we're trying to be so politically correct that even "breaking" a law to avoid an accident is considered illegal when all you need to use is a little common sense.

Answer 7

Yes I would contact the police department IMMEDIATELY and find out where your documents are....I would also suggest that he took the documents improperly. You might want to call the DA s office and find out, but I do not believe a police officer can take you drivers license, proof of insurance and such, like this guy did.

Answer 8

Why were you driving in the bad weather?

To or from work or an emergency?

Need more info.

Thanks for the info. If you go to your drivers manual, I believe they use the terms that crossing the center line is not recommended. Nowhere does it say illegal, mind you that the verbage may have changed since I started driving. Worth checking into.

Answer 9

HELLO PEOPLE READ WHAT HE WROTE. HE SAYS THE OFFICER GAVE HIM BACK HIS LICENSE SO I DON'T KNOW WHY EVERYBODY THINKS HE DIDN'T GET IT BACK.

To the person who says since you got out of your car he can't write you a ticket that is one of the dumbest things I've ever heard. Try to tell the judge that in court.

Answer 10

Talk to the judge, It won't hurt. However you are supposed to have your car in control at all times. If you can't stop behind a car and stay in your lane, you are either driving too fast or following too close. road conditions are no excuse. good luck.

Answer 11

He had a right to check in the circumstances, there was no harm
done to you, he was courteous, etc. So what is the problem, it
seems he was in the right, and there was no harm done to you at
all, he was doing his job, in very bad weather, they have to work
snow, wind, rain or shine, next time greet him and talk to him as
they are out there in this no matter what...............................................