Did this police officer overreact, and what action should be taken?

Question

Last night, my cousin was driving home from work at 2 AM. She was going 50 mph in a 55 mph zone. It was a deserted stretch of road except for the driver behind her, who was riding her bumper. She kept waiting for him to pass her, but he didn't. So, she sped up to 55 so she wouldn't be blinded by his headlights. The cop behind her then flashed his blue lights.

Now, we've all heard the horror stories of criminals posing as police officers or stealing cop cars. So, my cousin was a little apprehensive since no one else was around, and she didn't know why she was being pulled over in the first place. She wasn't speeding.

She put on her emergency lights to acknowledge him, slowed down to 40 mph, and had every intention of pulling over at a public, well lit area, which was only a couple of miles away. Before she was able to reach it, she saw four more police cars up ahead. They had set up a road block, and they all rushed her when she stopped the car.

She was accused of drinking and driving, trying to outrun an officer, and told she could get up to three years. She wasn’t guilty of any of that, and explained to them that as a woman alone on a dark, deserted stretch of road, she was just being precautious. She wasn’t trying to outrun them. She slowed down to 40 in a 55 and turned on her emergency flashers. Isn’t this the proper procedure to let them know you plan to pull over – but in a safe place?

Anyway, apparently, they all were a little worked up from thinking they had a criminal on their hands, so one of the policemen told the officer who had blue-lighted her to give her the maximum. He gave her a ticket for $230 for swerving within her lane (I can’t remember the technical term on the ticket, but she never went outside the lines in her lane. I didn’t even know you could get a ticket for something like that).

She honestly doesn’t think she swerved, but if she did, I would think it would have been because of the glare from the headlights from him following her so close. $230 seems a little steep, and I think they only did it because they were aggravated with the situation. Can she fight this and win? Did this cop overreact, or was he following normal procedure?

Oh no, she didn't go to jail. It sounds like they tried to scare her a little, but she was not drinking or speeding or any of that. They gave her a ticket for swerving within her lane. She told the cop she never went outside of her lane, and he said it didn't matter. He also said he recorded it. She said she would like to see the recording, and he asked her if she was accusing him of lying. She told him she wasn't accusing him of anything, but she didn't think she swerved.

I don't think I'm being clear. She was never actually charged with being under the influence, and was not arrested for it. She wasn't arrested at all. They had no grounds to arrest her - she didn't do anything wrong. They gave her a ticket for swerving within her lane, which she claims she didn't do.

Stan, you can't be serious! She got lucky? She had officers running toward her with weapons drawn because of one cop (probably a rookie) overreacting. That's enough to shatter anyone's nerves. They could not have charged her with any of those other accusations because none of them would stick. She obviously wasn't drinking. She obviously wasn't trying to outrun them since she immediately slowed down and put on her emergency lights one he flashed her. Believe me, if any of those accusations would have stuck, they would have arrested her since they went to all the trouble of setting up a road block. Because of this one cop's overreaction, they all looked foolish, and I think they knew it. I think they were irritable & gave her a steep fine for a ridiculous charge. She has a newborn at home and was concerned with her safety - that's why she planned to pull over at a safe location. I don't think her actions were unreasonable, and one would hope a policeman would understand this.

Thanks for your answer Geoff. They didn't give her a speeding ticket because she never went above the speed limit. The only thing they could think to charge her with was swerving, or as you said improper lane useage. She doesn't recall swerving, but she can't say for certain that she didn't. That's why she asked to see the recording. What would she need to do to prepare before going to traffic court? Would she really need a lawyer, or would it be best for her to speak to the judge herself?

TODD M, no they did not set up a road block because she allegedly swerved. They set up the road block because the officer behind her apparently radioed them and told them she was trying to outrun him. But, I cannot begin to fathom why in the world he jumped to that conclusion. If a car is trying to outrun you, they SPEED UP, not slow down to 40 mph, and they certainly wouldn't take the time to turn on their hazard lights. We live in a small county, and that stretch of road is not too far from the city limits, which is why she wanted to wait and pull over in a safe, public place - it wasn't terribly far away. And yes, the city cops would have had ample time to get there and block the road with their cars - it's not a large town. But, I can certainly understand why the story doesn't sound right to you - it's because it isn't right! We expect better behavior from our policemen! I have a great deal of respect for police officers, but this situation was blown way out of proportion.

Also, I just want to add that about 8 years ago, a man driving a stolen police car pulled over a girl we went to school with. Thankfully, nothing happened to her because police officers had been tipped off to his whereabouts and were in hiding, I guess (I don't remember all the details), so they were able to apprehend him as he exited the police car. Big news for our little community. So, my cousin's concern for her safety was legitimate. I know many women who would have done the same thing in her situation - I know I would have, especially at 2 AM on a dark road with no other cars around. And, I think a lot of husbands and even police officers would advise women to be safe and cautious. I always assumed that it was legal to slow down, put on your hazard lights, and pull over as soon as you reached a safe, public place. And, I thought that doing so signaled the officer of your aknowledgement of him and your intention to pull over.

Answer 1

i was a dheriff's deputy and if what she says it true they overeacted. if she wants to fight she will need a lawyer unfortunatley. Her actions seem reasonable and she would probably win even more so if it is taped it will all be there for the judge to see. the ticket she got was most likley for improper lane usage and is the main excuse we (police) use to pull someone over to justify stopping them to check for drunk driving. did she get a speeding ticket if so how fast did it say she was going?

I DONT KNOW HOW TO PUT SECOND COMMENT ON A THREAD I HAVE ALREADY ANSWERED so i sm editing my 1st answer. Yes i would definatley get a lawyer he will know the proper channels to get the video through and will also be able to cut through all of the legal stuff for her. they will have a lwayer working for them called the DA distric attorney. and to correct another poster if she can not afford an attorney one wont be provided for her. that only happens if jail time could come from infraction (not always the case some exceptions but a genral rule)

Answer 2

First, you are providing second hand information. No offense, but your cousin is only going to tell her side of it and it will be in her favor. I'm not downplying your cousing, it's just human nature.

Next, you cousing did the right thing IF she had a reasonable belief that the patrol car was not valid. If it was lit up like a fireworks show, a reasonable person would have pulled over. If it had a single flshing light, keep on going. In any case, a call to 911 would help clarify the situation.

If I was behind your cousing and saw her swerving at 2AM, I would have reasonable suspicion to think she may be impaired. I don't know any officer that would "ride her bumper" as we are trained to stay back and observe to monitor the driving. The more times you swerve, ride the middle line, etc, the better the case for driving while impaired. I suspect your cousin may be stretching about the bumber issue.
Next, if the overhead lights were illuminated and she continued, I'd call a pursuit,especially if I am in a marked vehicle. If sahe had a "real and perceived fear" she should have called 911. So when she is "rushed", there is good reason. Nobody knows why she won't stop, it's a possible DUI, and my lights/sirens are activated.
Signs of a drunk driver include: failing to maintain a lane, inappropriate stopping, excessive speed changes for no reason, running lights/signs, and driving without lights. These are just a few.

Fight the ticket but she recieved it as documentation of the situation and why she was stopped in case she wants to go after the department. We tried to conduct a traffic stop for potential DUI "fail to maintain lane" she refused, we pursued, she got ticketed for the initial probable cause.

Answer 3

Not to call you a liar, but I find it hard to believe that the police would have four officers make a road block for no reason other than the car swerved in it's own lane, and hadn't stopped in what sounds like a short distance. You can bet that all officers involved have the part of the incident they were involved with on tape, so that will be shown to a judge. If she had a cell phone, she should have called the police before pulling over to verify that it was a legitimate stop. If she was in a place where there were no people around, I can't believe the officers would have been able to get there quick enough to for a four car roadblock, even if she was going only 40 MPH. In my county, the deputies are spread out too far for that. Again, I'm not calling you a liar, but that story doesn't sound anywhere close to being right.

Answer 4

Fight it. My wife had an incident about 15 years ago in the Richmond Virginia area. After work (the store closed at 2:00 am) she was driving home on an unlit street and there was a car tail-gating her. She made several turns and the car stayed back there. She sped up and the police officer turned on his light and wrote her a ticket for doing 45 in a 35. When she went to court, she told the judge the truth ,that she was unaware that the car behind her was a police car and did not speed up until she became concerned that she was being followed. The judge believed her since he was familiar with the area and let her go. I don't know if it was unusual, but my wife is a very honest person. She never raised her voice or made any accusations. She calmly explained the situation to the judge from her position. I can't hurt to try.

Answer 5

I am from Maine where not to long ago. A situation where someone posing as a cop pulled over and attacked a young woman. After that the police put out a statement saying to slow down and put on your hazards until you reach a safe place to pull over. Also in this statement it pointed out that all police cars have flashing lights in the grill. Another thing they brought up was that you can use a cell phone to call the police to verify the person behind you is a cop.

Yes they way over reacted. She should fight the ticket if she is so positive she did nothing wrong.

Answer 6

Btw, I think you are missing something and I dont want this to sound rud. The ticket is not a emission of guilt, it is only showing that you will show up and address the issue. Everything sounds like she was in the wright. I would ask for trial bye jury and wait it out. Explain all this and get records to back it up. Hell, the judge might even throw out the case because they have other things to worry about. She needs to get that recording from the police officer as well.

I myself would never allow a single officer to hand cuff me. I would inform him to have another officer come here as well. This in turn would prove to me that he is a real officer of the law. I hear you on your point about how things are going. Now days you dont know what you might find on that back road.


I thinking if you just went and talked with the judge and explain this. He would throw out the ticket, and inform you that you need to make a better choice next time around.

The law itself needs to be rewritten to give the power back to the police officers. In turn this would remove all the crap that is going on as of now. Crime is just to high and its backlash is on the common good old people of this country.

Answer 7

Rarely would you want a bench trial with a judge unless you were going to make a plea deal, get a jury trial and they will have to produce the video of the alleged swerving, if a jury say's you were swerving and it wasn't from nerves from being followed too close, then pay the ticket, chances are the judge will throw it out when you mention/demand a jury trial!

Answer 8

She needs to go to traffic court and contest the citation.

As far as this goes: "I myself would never allow a single officer to hand cuff me. I would inform him to have another officer come here as well. This in turn would prove to me that he is a real officer of the law...."

I would not try that. The second you resist or pull away you will have a world of hurt come down on you. I guarantee it. If the officer is in uniform and driving a marked patrol car w/ lights, you had better comply with every command or there could be some very serious and painful consequences.

Answer 9

As a cop, I see your point. Sounds like these guys had nothing to do and were just looking for a reason to nail someone. When your cousin goes to court, once her name is called from the docket and a plea is requested, have her plead "not guilty." The judge will proceed with a further hearing/investigation, he will look at the patrol tape, and determine from there whether or not the punishment was fair. If her story holds water and these officers were being extreme, chances are she will get an apology from the city, the ticket will be thrown out, and the officers involved will be reprimanded. This situation sounds antagonized. I don't like how it sounds at all. I say fight this one...I would. Best of luck to your cousin.

Answer 10

I don't think that the officer overreacted given the time, and your cousins behavior.
If she wasn't drinking, then she should have passed the BAC test no problem. The rest of the charges should be handled by an attorney. If she cannot afford an attorney, she can have one appointed to her.
I do understand her apprehension at pulling over on a dark highway; but I can also understand the officer's interpretation of her behavior/driving as being under the influence.