Driving on the highway, I accidentally cut in front of an off-duty police officer late at night. He was driving a Honda Accord and I had no clue that he was an off duty police officer. After cutting him off, he started flashing a flash light in my face and trying to talk to me on the highway going at speeds of 70 mph at 9 o'clock at night. Being frightened, I tried to avoid him thinking it's some lunatic and tried driving off. At the same time, I was with my wife and she was incredibly afraid of our lives thinking that this guy is going to commit some kind of criminal act. After exiting the highway, I had thought I had avoided him, but I ended up getting pulled over by a local police. Local PD was nice enough to apologize and they stated that they are writing me a ticket for reckless driving, which is a misdemeanor, but under the name of the off duty officer. Now I am being prosecuted... what can I do????!!!!
2007-03-27 13:03:13 · 16 answers · asked by Tony T 1 in Politics & Government ➔ Law Enforcement & Police
You can prepare a clear and concise case that you were afraid for your safety and took evasive action to protect your family. Tell the story to a judge and hope for the best. Or you can hire an attorney.
2007-03-27 13:07:17 · answer #1 · answered by Anonymous · 0⤊ 0⤋
It would be worth getting a lawyer to prepare a good defense for you. While your driving is not the best by cutting off someone, anyone, the office, while technically off duty, if a crime is in progress, is on duty 24/7. The fact that a misdemeanor traffic offense was committed in front of him, it was stupid on his part to do what he did.
You should be able to beat this ticket. The off duty officer should have called for a marked unit, had them pull you over, and read you the riot act. I think it was a bad move on the officers part. If a " reasonable and prudent person" feels they are at risk, or threat to their life or health, then your actions could get you off. Hey, in many states you have the right to move to an area that is well lite and safe before pulling over for an unmarked unit.
2007-03-27 13:15:06 · answer #2 · answered by George C 4 · 2⤊ 0⤋
I guess as the resident cop on this topic section of Yahoo answers, I couldnt help but pick your question to answer
(my first for the night). Wow, well let me start off by saying that normally, i would answer no an off duty police officer does not generally have that right, on the other hand, depending on the situation, we do maintain our police powers 24/7. Im federal and have jurisdiction all over the country, more so in my home state here in NJ. But i can call a local pd or state and have them pull you over. Trust me this isnt done all the time, and yes the off duty officer can sign the ticket of the concurrent jurisdiction, my advice to you is get a lawyer and fight it.
Plain and simple, stay safe my friend,
2007-03-27 13:14:48 · answer #3 · answered by futurehero5200 5 · 3⤊ 2⤋
No, you can not be pulled over with a flashlight, and what they did was actually a level of road rage.
If the officer that saw you, saw you doing anything wrong, he can write you a ticket for what he saw.
The other officer would have to appear in court, and you should if allowed see about pressing charges against him, since his actions were the most dangerous.
At the least hire an attorney, they will get you out of this.
And you can, and should file a complaint against this officer with his department
2007-03-27 13:21:00 · answer #4 · answered by Anonymous · 2⤊ 1⤋
Go straight to his precinct and make a complaint of road rage. They cannot effect a traffic stop if they are not in an official vehicle as a person cannot identify them as a cop and most law enforcement have specific rules against stopping people when they are not on duty. They are supposed to contact other law enforcement for things that are felonies.
2007-03-27 14:54:53 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Get a good lawyer, in many states you don't have to pull over if you can't recognize that someone is a cop. Get a good lawyer and put up a good defense in court. Possibly call a local paper about, they just might print which could only help you.
2007-03-27 13:09:20 · answer #6 · answered by 29 characters to work with...... 5 · 1⤊ 1⤋
You can fight it in court, but... at least in California, an officer is an officer, whether they are on duty or not - which means that they can affect an arrest at any time. I would suggest fighting it, but don't be surprised if you lose depending on the judge.
2007-03-27 13:08:01 · answer #7 · answered by bigej65 3 · 1⤊ 0⤋
police are on duty 24-7.it did sound a little extreame.you could call the station and say something about it. i dont think it will help much.
2007-03-27 13:14:15 · answer #8 · answered by Anonymous · 1⤊ 0⤋
Seems like you need to get a lawyer...maybe you could sue for lawyer's fees for malicious prosecution as well as defend yourself against the charges.
No one should act like that on the road...cut off or not.
2007-03-27 13:16:29 · answer #9 · answered by DeborahDel 6 · 0⤊ 1⤋
See this is why you shouldn't cut in front of people driving down the highway.
2007-03-27 13:08:01 · answer #10 · answered by Anonymous · 4⤊ 1⤋