My girlfriend was pulled over for speeding today and while I don't condone speeding, the circumstances behind the actual ticket seem a bit suspect.
A cop passed her going the opposite direction and supposedly clocked her doing 78 in a 55. Instead of turning around and pulling her over, he radioed to another cop down the road and told him she was coming his way. Having just passed a cop while speeding, she slowed down, but got clocked by the other cop doing 62 in a 50. This cop pulled her over and told her that the other cop had radioed him. He took her information and wrote her a warning and while handing it to her the original cop pulled up behind them. He came to her car and took her information while the other cop left. He preceeded to write her a ticket for doing 78 in a 55. So she left the scene with one warning and one ticket from two different cops!!! Does this sound like something they can do?
2007-03-17 17:08:38 · 10 answers · asked by Brad B 1 in Politics & Government ➔ Law Enforcement & Police
Seems right to me... Police can always work together, nothing fishy....
You were caught breaking the law.. take your punishment...
2007-03-17 17:51:00 · answer #1 · answered by Redeemed 5 · 1⤊ 1⤋
This is "Duplicitous in Law" and against the "Double Jeopardy" guidelines of the Constitution. Doing the Right thing is sometimes Costly or even a Learning Process but, what you should do is tell the Judge you will plead to one and con-test the other as being duplicitous and Double Jeopardy.
Tell the Judge that you saw the police officer and in the process of slowing down, and to pull over, because you knew you were speeding, the other officer pulled in behind you and gave you a ticket for the same action which makes the other ticket null and void. Just as you can't be convicted twice for the same offense in a criminal case, you can't be ticketed twice in the same mile. Talk to an attorney because this could potentially cause a problem with your insurance carrier.
I hope this helps. GOD BLESS/GOOD LUCK!!
2007-03-17 17:58:05 · answer #2 · answered by Chuck-the-Duck 3 · 1⤊ 1⤋
Sounds fishy...unless the radio convo was recorded, which it may or may not be, she could fight it. Even so, he would have had to given her license plate to the other officer and if she blew past him at 78, there's no way he got it. If he just said, hey Joe, there's a silver civic coming your way, then there could have been more than one silver civic.
Even if she fights it and gets the higher ticket dismissed, she was caught by the second cop and he could still issue her a summons up from a warning. Either way, she's gonna pay. Best bet is just to go to traffic court, plead not guilty, and pay a higher fine with less points.
2007-03-17 17:24:00 · answer #3 · answered by t0nst3rs 2 · 0⤊ 1⤋
If the first cop noted (and passed on) her license plate info, then she could be ticketed for the first offense (78 in 55).
Either way, she can be ticketed for the second offense (62 in 50).
But the first cop would need to appear as a witness if the first ticket was challenged, and the second cop would need to appear for the second ticket.
2007-03-17 17:18:45 · answer #4 · answered by coragryph 7 · 3⤊ 1⤋
She got clocked by two different officers while exceeding the speed limit. Can both officers write citations? Absolutely. She was lucky that she only got one real citation and not two.
Seems someone's trying to shift the blame and cause for the event to the officers and not the true violator.
My suggestion? Slow down and be glad you only got one ticket.
2007-03-19 08:41:04 · answer #5 · answered by Hootiesplace 3 · 1⤊ 0⤋
Sure, it is commom for police in air planes to do the "radar" and to call a car on the ground to write the ticket. or a officer in a stationary car to radar and a set of officers pulling you over a mile or so up the road.
So what is your issue,
2007-03-18 07:04:59 · answer #6 · answered by Anonymous · 1⤊ 0⤋
Yes they can do that. I can't believe cop # 2 gave her a warning. I also can't believe they didn't give her a ticket for reckless driving. She must be a looker or very lucky. I would pay the ticket and be happy she got off that easy.
2007-03-17 17:24:53 · answer #7 · answered by Anonymous · 6⤊ 1⤋
Sounds fishy, I'd challenge the ticket and if the judge has any common sense, she'll beat the rap. But then again there may or may not be a law in your state allowing this, but probably not.
2007-03-17 17:12:22 · answer #8 · answered by Anonymous · 0⤊ 2⤋
Although she earned the ticket, proper procedure was not followed. She should challenge it based on the fact that proper procedure was not followed and a judge would likely dismiss it with a warning.
Don't know were you are but check this page out
http://www.thomasvmikemillerjrpa.com/vehicle_violations.html
If proper procedure was not followed they claim they can get it dropped.
2007-03-17 17:19:24 · answer #9 · answered by r1b1c* 7 · 1⤊ 5⤋
Sure, there's nothing wrong with it at all.
2007-03-17 17:14:42 · answer #10 · answered by Teekno 7 · 2⤊ 2⤋