so i was running late to my boyfriend's soccer game. i was speeding, im not going to lie, but i was only going about 63 or 54 in the 55.
an ohio state trouper came towards me, i braked slightly. he then proceeded to pull right in front of me, turn around, turn his light on and off again and pulled me over. he approached the car and i told him my drivers side window didnt roll down, so i had to open the door to speak with him. he then told me to drive off of the road into a residential drive way. he then approached my vehical and began questioning me. he asked if id ever had a ticket before, and i had not. then he stated he would leave me with a warning. then he asked if i knew how fast i was going. keep in mind that i was freaking out. i told him i knew i was going a little fast, maybe 65 or 70. he then said that 70 was 15 miles over the limit and said he changed his mind and was going to cite me.
he opened my pas.door wo consent, &shut my glove compartment door. what should i do?
2007-03-08 05:01:25 · 20 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
Pay your ticket and slow down.
2007-03-08 05:04:59 · answer #1 · answered by meathookcook 6 · 3⤊ 1⤋
Well I cant say that he violated your constitutional rights - he can do what is necessary for his own safety, and since he does not know you from anyone, he could justify opening the door to make sure you did not have a weapon, and could justify closing the the glove compartment to make sure you did not have easy access to a weapon. He could have ordered you out of the car, but it does not sound like he did.
My advice would be to challenge the ticket if you are so inclined - unless he has you clocked at 70 on a radar gun, it is your word against his. He may not even show at the trial, in which case you could automatically win. Of course, I wouldnt show up and tell the judge that you think you were driving 70.
In the future, think about what you say to the police before you say it. Anything you say (like when you said you were going 70) can be an admission against your interest. You have the right not to speak to them at all without a lawyer present.
2007-03-08 05:13:33 · answer #2 · answered by EthanHunt 3 · 2⤊ 0⤋
What right do you think was violated?
Is it the opening the passenger door and shutting of the glove box? While some lawyer, I'm sure, can trump this up into a rights violation, it's so weak that it's not going to get you anywhere.
Is it that he changed him mind about not giving you a ticket. Nope, no violation there.
Was it that he used your claim of going 70 to ticket you? Nope, you volunteered the information.
OK, but if you were going 64, max? Can he ticket you for 70 even his own equipment says it as 64?
Yes, but you could then fight it and have it backed down to the 64. If this is the difference between a minor speeding violation and reckless, maybe it's worth it. But it's NOT a rights violation.
Pay the ticket, unless you want to fight it back down to 64mph. That's the best you can do.
You gain NOTHING by reporting the door opening. And you do risk something. Not worth it.
2007-03-08 05:13:41 · answer #3 · answered by Jay 7 · 3⤊ 0⤋
Fact: you were speeding. Fact: you got a ticket.
The officer asked you to pull over to a safer place because your door wouldn't open. He then approached from the passenger side, which is a routine alternate method of approaching cars during a stop. He opened your door (no problem...he could have asked you to step out) and shut your glovebox for safety reasons (no problem there...that's where many people keep weapons).
He didn't need your consent to do either. It was his discretion as to what form of enforcement he used (verbal, warning, citation). You happened to catch the big one.
If you still think you were somehow violated, take your complaint (in person) to his supervisor.
2007-03-09 02:41:02 · answer #4 · answered by Hootiesplace 3 · 0⤊ 0⤋
So exactly what rights are you referring to? You told him you were guilty of the crime that he accused you of doing....You said that you were going 65 or 70, thats also on video, so he almost had to write you the ticket. And he didnt do a search, he opened the door and shut your glove box for safety or just to help you out. Pay the ticket and next time, "you're not sure how fast you were going"
2007-03-08 05:07:12 · answer #5 · answered by zebj25 6 · 5⤊ 0⤋
You would'nt win this one, If I were you I would just pay the ticket, a judge is not going to consider this an infringement on your rights, if anything, it will show that he was concerned about you driving with your glove box door open and it might distract you if stuff fell out while you were driving. I am not saying he was right or wrong, I am just saying if you try to go to court for this, they will consider it "frivolous" and you would have to pay extra court costs on top of the speeding fine. Just pay it and save yourself alot of hassle.
2007-03-08 05:11:15 · answer #6 · answered by Anonymous · 5⤊ 0⤋
Come on now,,,you were speeding and he stopped you. If he wants to cite you he can. Makes no diff when. I suggest you watch your speed from here on out.mIn short,,you were wrong and got a ticket. Where is the infringement??? And, if he wants,he can reach in your car and yank you out on the ground. You ain't gonna beat this so pay up.
2007-03-08 05:08:15 · answer #7 · answered by Anonymous · 4⤊ 0⤋
People don't win over cops. Pay the ticket and make sure you obey the speed limit from now on.
2007-03-08 05:15:54 · answer #8 · answered by Bud's Girl 6 · 3⤊ 1⤋
Pay the ticket and slow down.
Your "rights" weren't violated at all.
Driving is a privilege - not a right. He didn't need your "consent", especially since you told him your window doesn't work.
2007-03-08 05:09:45 · answer #9 · answered by Anonymous · 4⤊ 0⤋
Pay the ticket. You're guilty. What's the beef ? It'll cost way more than it's worth to try and fight it on a harassment basis, and it doesn't sound like you'd have much to win with anyway.
2007-03-08 05:06:34 · answer #10 · answered by wizjp 7 · 4⤊ 1⤋
He didn't infringe on your rights. He had every right to do what he did, including giving you a ticket. Pay up and learn...better to be late for a soccer game (i mean, seriously, it was hardly an emergency).
2007-03-08 05:09:54 · answer #11 · answered by Enchanted 7 · 6⤊ 1⤋