Wife was having an emergency, we were pulled over and officer wouldn't let us go. Do I have a case?

Question

My wife and I were on our way home from a family dinner yesterday. 1/2 way though the drive home, my wife proclaimed that she had gotten her period and started yelling at me to 'step on it' so we could get home sooner.

I started going a bit above the speed limit trying to get her home when I noticed an officer behind me. I was pulled over and he asked why we were going so fast.

I explained to him the humiliating situation of my wife having her period and even went so far as to show him the stained seat. He didn't care and kept us there another 30 minutes while doing a background check on me and my marker plates.

Needless to say, in this 30 extra minutes the seat was stained a great deal more.

Had this officer not been so RUDE to keep us there for 30 extra minutes I could have probably just cleaned it up with a sponge...now, I'm going to have to have the seat professionally cleaned.

The ticket cost me 300.00 and I'm going to plean not guilty..am I right in doing so?

Answer 1

Being that it was a matter of WANTING (period is not an emergency) to speed and not HAVING to speed, I would say you have no case, try again.

Answer 2

Sorry pal, but that one isn't going to fly. If she was in labor or she was in severe pain and you were rushing her to the ER you may have had a case. The worst thing you could claim here is an inconvenience, and the judge is going to tell you that inconvenience is no excuse for breaking the law. If you push the menstruation issue, he/she is going to tell you that a reasonable and prudent woman would keep track of her menstrual cycle and would be prepared for situations like the one your wife experienced. As for the marker plates issue, again, that one goes to the police officer -- he was doing his due diligence by checking it out.

Your best bet is to plead guilty, explain the situation to the judge, and tell him/her you realize what you did was against the law and you take full responsibility for your actions but ask for leniency based on the circumstances. Judges are much more likely to cut you a break if you stand up respectfully and admit your mistake. If you go in with an attitude or an axe to grind the judge is going to HAMMER you. If you have an otherwise good driving record, there's a chance the judge may drop the charges under the circumstances, but only if you're polite, respectful, and you own up to what you did.

Answer 3

I believe I would explain the situation to the judge - IF you thought to take pictures of the car seat. If not, I might just write a letter to the officer's supervisor and complain about the lack of concern for her embarrassment. Besides, 30 minutes is unreasonable wait time for a speeding ticket. That was a danger to the officer and you guys waiting on the side of the road all that time.

It does sound like your wife needs medical attention if she had that much blood loss that quickly.

Answer 4

Are you right in pleading not guilty...no! You are guilty of speeding.

When discussing "emergenies" while driving, we're talking about life or death situations.

Was this problem embarassing...yes.

Was this problem a reason to speed and endanger others on the road...no.

Would other officers have done the same by writing the ticket? Maybe...maybe not.

Are you still guilty of speeding....yes! The judge, however, may be a bit more lenient based upon the circumstances. Thats a chance you'll have to take...just like speeding and getting caught!

Best wishes.

Answer 5

A period is not considered an emergency in the eyes of the law, nor is your stained seat. You do not have a case, and if you tried to fight it, it would be extremely embarrassing for your wife and you would eventually lose because you were speeding. Cops don't care about mitigating circumstances on such a small level.

Answer 6

I believe that, should you plead not guilty, you'll lose. Spped limits are set according to the condition and environment of that highway and your exceeding the speed limit put everyone else on the highway at risk. You had several options available to you and you chose the wrong one. I also believe that you may be exaggerating the amount of time that you were detained, but even if you're being truthful about that, you put yourself in the postion of being subject to a traffic stop.

Answer 7

It is not worth taking into court. THis is what the judge would say..... You didnt have to speed, endangering lives of others and yourself. Could you have not gone to a store nearby like a gas station, convinience store, drug store. Restuarant bathroom. As for the seat if you didnt have any money on you to buy somthing you could have put somthing under her. Her coat, your shirt, a newspaper then you seat would not have been wrecked and you would not have to hurry. Worse case, you throw the shirt out, everyone lives and you would not have a ticket.

Answer 8

Did you get this peace officers numbers off the ticket or off the shoulder ban? If so report this behaviour to his supervisor and see what they can do to put this peace officer who was abusing his rights to detain you for an excessive amount of time. Al thought the law is the law and going over is still breaking the law. How fast where you going? How much over where you? You might want to check out Points if you are going to lose any demerit points because of this.

Answer 9

you were speeding right! so you don't have a leg to stand on, there is nothing that states you can speed during an emergency. we went to a party where one of my friends were shot, we put him in the car and speed off to the hospital, on the way I was pulled over, I explained the problem and the police officer got in his car and told me to follow him, he escorted us there and we got my friend checked in and before the officer left he sited me for speeding, I went before a judge and they make me pay the ticket!!

Answer 10

If you would have been going the speed limit you would not have been stopped. Therefor saving yourself 30 minutes and $300.00.