Ask A Police Officer

[streakn]

Not sure on Texas law, but here in California you either have to get consent from the owner, a warrant signed by a judge or exigent circumstances(life or death situations). I'm thinking he just wanted to be an "A hole" and abuse his power. Did you get his name? If so file a formal complaint if you feel you've been wronged. Good luck and sorry about the party getting squashed, sounded like a good one.

[R.Shackleford]

I have a question...

I was on the freeway the other night, traffic ahead was backing up to a stop, I was off the gas completely just coasting then suddenly the car infront of me is all the way on their brakes, I get boxed in on the sides and bump them from the rear. Slow enough it didn't even give them a dent, but enough to give me about $5K in damage up front.

What will the officer most likely put in the report? Me at fault? No fault? Or what? I understand I did rear end the car, but at the same time in my shoes its like wtf could I do. I don't feel it's my fault. I also will understand and accept if the liability falls on me. It was two older folks, no injuries on the scene, but the lady - the passenger may try to claim any injury aswell. My insurance is already assuming I'm liable, but I'm curious what the police report will say.

[IMachU]

It will probably state the cause of the collision was "following too closely" and/or "unsafe speed." Those are the usuals in a collision like this. I'm glad to hear all were basically OK! Your Mach, if taken to a good repair shop, will be better than new! Ask them to paint the hood stripe on with a flat clear coat over it, or get that custom hood paint....you'll like it!

[IMachU]

Originally Posted by Aerowrench

No, get a Lawyer. He would have to have probable cause, in this case hearsay about an alledged fight. Sounds like he made up the fight as an excuse to enter private property. Bad Cop, No Doughnut!

So, what Department do you work for?

[R.Shackleford]

Originally Posted by IMachU

It will probably state the cause of the collision was "following too closely" and/or "unsafe speed." Those are the usuals in a collision like this. I'm glad to hear all were basically OK! Your Mach, if taken to a good repair shop, will be better than new! Ask them to paint the hood stripe on with a flat clear coat over it, or get that custom hood paint....you'll like it!

That's what I figured, ****. Just as all the crap on my DMV record is falling off from when I was younger and I was about to have a clean record, this has to happen.

Anyways it's in the shop now, supposed to be done by next friday. $5900. I don't know if I could get them to paint the stripe on, since insurance is paying for it... I'm sure if I wanted to pay extra or something. I have $1000 deductible as it is.

[fjt226]

Originally Posted by Machy uno

I had a question for the officers of the board that is similar to the one above. I live in Lubbock, a college town known for huge parties. I live in a fairly nice neighborhood where I own, not rent my house. I am in college, but do not throw parties very often, so my house is not labeled as one of the "party" houses by the cops. Last fri night I had my annual halloween party. (5 kegs, 400 jello shots, 50 gallons of punch) This is the ONLY party I through this size all year. The cops showed up around 230 to bust it up saying they got a call because of a fight. When I saw him pull up I walked out to meet him. He told me the party was done and he was going inside to shut it down. I politley replied I would shut the party down but I would appreciate it if he didnt go in my house. He then said he didnt think I understodd, he was going in my house and closing the party down. I agian politley said I would appreciate if he didnt come in my house. He grabbed me by the arm, dragged me to his car threw me against the car, frisked me(very physical in all this) and told me I was going to jail. After taking my id and seeing I am of age he told me I had a choice, to either go to jail or take a ticket and let him in my house. At this point I had done nothing other then refuse him entrance into my house, I didnt even fight him when he dragged me out to his car. At that point I said screw it and let him in to close the party. He never gave me a ticket, but he blackmailed me with the chioce of jail to get into my house. There never was a fight like he said, there wasnt anyone outside because the kegs were in the garage, and the music wasnt loud enough to hear in the street. So it all stemmed from the cars in front of my house. Anyone see any problems with this? Can he take me to jail simply because I wont let him in my house?

As an officer, whenever I hear stories like this one, or any story for that matter, one thing is certain, there are always at least two sides to it. We have heard yours, but not the officer's. I have to believe that the vast majority of my fellow badge holders try to do the right thing. I also have to realize that since we hire from the human race, occassionally we get the bad apple. My recommendation, if you feel you have been wronged, file a formal complaint with his Department. They will get to the bottom of it. They don't want a liability carrying a badge either. Hope this helps.

[streakn]

Originally Posted by R.Shackleford

That's what I figured, ****. Just as all the crap on my DMV record is falling off from when I was younger and I was about to have a clean record, this has to happen.

Anyways it's in the shop now, supposed to be done by next friday. $5900. I don't know if I could get them to paint the stripe on, since insurance is paying for it... I'm sure if I wanted to pay extra or something. I have $1000 deductible as it is.

Just remember. You do not have to call the police for an accident, unless it is an injury collision. Most non injury collisions can be handled by the parties involved then sent to the insurance compaany. A lot of departments won't even respond to non injury collisions...at least here in California.

[Mustanger2]

Originally Posted by R.Shackleford

I have a question...

I was on the freeway the other night, traffic ahead was backing up to a stop, I was off the gas completely just coasting then suddenly the car infront of me is all the way on their brakes, I get boxed in on the sides and bump them from the rear. Slow enough it didn't even give them a dent, but enough to give me about $5K in damage up front.

What will the officer most likely put in the report? Me at fault? No fault? Or what? I understand I did rear end the car, but at the same time in my shoes its like wtf could I do. I don't feel it's my fault. I also will understand and accept if the liability falls on me. It was two older folks, no injuries on the scene, but the lady - the passenger may try to claim any injury aswell. My insurance is already assuming I'm liable, but I'm curious what the police report will say.

Why in the world would you not think it was your fault??? You hit a car in the rear, period. You always have to drive to be able to stop without rearending the car in front. So what if they hit the brakes full on, you have to expect that & drive accordingly. Being boxed in has no bearings as that is often the case on multilanes...sounds like you didn't plan ahead, drive defensively, or try to have an escape route. It is very easy to get complacent like that but it will bite you! Looks to me like you are 100% at fault. Sorry man....


Just my opinion, I'm no LEO...

[R.Shackleford]

Originally Posted by Mustanger2

Why in the world would you not think it was your fault??? You hit a car in the rear, period. You always have to drive to be able to stop without rearending the car in front. So what if they hit the brakes full on, you have to expect that & drive accordingly. Being boxed in has no bearings as that is often the case on multilanes...sounds like you didn't plan ahead, drive defensively, or try to have an escape route. It is very easy to get complacent like that but it will bite you! Looks to me like you are 100% at fault. Sorry man....


Just my opinion, I'm no LEO...

I agree and disagree, you can't anticipate someone elses wreckless driving. Slamming on your brakes to a complete stop on a moving highway is wreckless IMO, they over-reacted and caused the incident. Yes I hit them, but I can't agree that it's my fault the accident happened. Saying I'm at fault would say I did something wrong to cause the accident, and I know I didn't. Now, I'm personally not speaking on how the law sees it, I'm saying my opinion on it.

I have no intention of trying to fight anything if/when I'm officially said as liable, was just curious what any officers had to guess what the police report will say. If there was a chance it would come out any other way than me being listed at fault.

[Low Drag]

I'll have to agree and disagree with you as well. If someone slams on the breaks for no reason and causes a dangerous situation, then yes, there should be some way to hold them acountable. The problem is that it's very difficult to prove something like that and it's always very easy for them to come up with a reason for having done it.

One the other hand, emergency operation situations do happen. There are plenty of legitimate reasons someone may have to hammer the breaks and come to a complete stop to avoid an accident. That's the reason people need to follow at a distance that would allow them to come to a stop if something should happen.

I wouldn't consider it a wreckless act for someone to slam on the breaks and come to a complete stop unless they did it for no reason or they did it to cause the person behind them to run into them.

[R.Shackleford]

Yeah... I agree.

They sure did rape my insurance though, which is irritating me very badly.

[TEXASDSGMACH1]

I recieved a ticket for speeding this evening and the officer did not have me sign the ticket acknowledging that I would show up in court. This is one of the computer generated tickets, but it still has a place at the bottom for a signature. Do you think I might have a case for getting the ticket dismissed?

[IMachU]

No, something like that will not get a cite voided. Sorry.

Normally, there would have to be a serious error on the cite, like 22350 CVC (unsafe speed) with a narrative like "Left Turn On Red" which is actually 21453 (b) CVC. Other than that.....sorry!

[65fastback2+2]

I have two questions....

1. I ran a stop sign because i had an emergency water leak at my house at 1am...I was running back from the store with parts to try and fix it. The intersection was completely blank. The cop accused me of speeding and burning my tires as well (i was doing like 20 in a 35 and its a 100hp VW...its doesnt burn tires haha) anyhow, i went to the court thingy and they tricked me by saying "you can either pay your ticket now or go in, talk to the judge and come back out and pay your ticket"...even though I had pictures of all the sheetrock damage from the emergency...my question is...is there anything i can do about this now? or am i stuck paying it?

2. on my trip to tx this past week about an hour into it i get pulled over...officer said i was doing 80 in a 65....i dont recall how fast i was going, but i know this...there was a guy in a trailblazer infront of me that blew past me prolly doing like 84 and slammed on his brakes when he saw the trooper...i didnt even slow down cuz i think i was doing 75ish (where my exhaust drones best )...so i just ignored the cop cuz i didnt figure it was a problem, so he said he clocked me at 80 but wrote the ticket for 75 in a 65......is it worth driving over an hour one way to tell the judge this? I feel like I was profiled because of the mach....obviously a mach will always speed before a trailblazer *rolls eyes*

thanks guys!

[Low Drag]

1) Yes you are pretty much stuck from the sound of it.

2) If your only argument in court is going to be that you were speeding but you think he should have stopped the vehicle in front of you, then you should save your time.

Traffic laws almost everywhere are considered absolute liability. Because of that, excuses like emergencies, going with the flow of traffic, or even not realising you comitted an infraction will not get you out of a ticket. In cases like your first one about the only hope is to be stopped by an officer that sympathizes with you and lets you off with a warning or to hire a lawyer who can get the prosecutor to lower or drop the charges.

[65fastback2+2]

Originally Posted by Low Drag

1) Yes you are pretty much stuck from the sound of it.

2) If your only argument in court is going to be that you were speeding but you think he should have stopped the vehicle in front of you, then you should save your time.

Traffic laws almost everywhere are considered absolute liability. Because of that, excuses like emergencies, going with the flow of traffic, or even not realising you comitted an infraction will not get you out of a ticket. In cases like your first one about the only hope is to be stopped by an officer that sympathizes with you and lets you off with a warning or to hire a lawyer who can get the prosecutor to lower or drop the charges.

i figured as much....my boss at work has been caught doing wheelies on his bike and has been stopped doing 130mph in his car and never gets a ticket...so i figured id ask to see if maybe i was just doing something wrong.

[revenbl]

Hopefully someone can help me....
My daughter was in one of my cars, a 2006 Fusion, she drove about 300 miles away to Houston to look for work. While there she stayed at someones house that she knows. The second night she was there, someone else in the house took her keys, and the car, all without my or my daughters knowlege or authorization, took the car, and was almost immediately in an at-fault accident. The police taking the report refused to take a stollen car report stating that since my daughter was spending the night in that house, no-one in the house could be considered to have stollen the car.
How can I get a stollen car report filed ? The police to recognize as I believe that just because your under the same roof that that does not imply authorization to use your vehicle.
Guess I'll go check-in to a high class hotel in Houston and "borrow" some of the exotic's there.

[IMachU]

I can't speak for the Republic of Texas, but I can speak for the People's Republic of Commiefornia.

If ANYONE takes the car without the registered owner's permission, they have violated section 10851 of the Calif Vehicle Code. Basically it is the stolen car code, but it also applies to joyriding. The D.A. has the discretion to charge a misdemeanor or the felony, depending on the intent of the person who took the car.

Good luck with Texas....

[32VALVR]

Hey Streakin or IMachu, Just got a speeding ticket from an LAPD motor officer. He nailed me on radar from a private residence driveway. If memory serves me thats not legal. Yea or nay?
Thanks

[IMachU]

Well, if he got you from YOUR driveway, no it isn't legal. If he got a radar lock on you, you're done. If he had the permission of the residence to stop there and work traffic, it isn't an issue. Sorry.......

[32VALVR]

Originally Posted by IMachU

Well, if he got you from YOUR driveway, no it isn't legal. If he got a radar lock on you, you're done. If he had the permission of the residence to stop there and work traffic, it isn't an issue. Sorry.......

If you clean up the ticket I'll give you my girls T**ts plus $1,000,000.00 cash, but you will have to give up that MGW black locking fuel door!!! J/K.
Honestly, thanks for the info.
P.S.
How would I know if he had legal right to shoot radar from a private residence driveway?

[BlueDevil04]

Originally Posted by Machy uno

I had a question for the officers of the board that is similar to the one above. I live in Lubbock, a college town known for huge parties. I live in a fairly nice neighborhood where I own, not rent my house. I am in college, but do not throw parties very often, so my house is not labeled as one of the "party" houses by the cops. Last fri night I had my annual halloween party. (5 kegs, 400 jello shots, 50 gallons of punch) This is the ONLY party I through this size all year. The cops showed up around 230 to bust it up saying they got a call because of a fight. When I saw him pull up I walked out to meet him. He told me the party was done and he was going inside to shut it down. I politley replied I would shut the party down but I would appreciate it if he didnt go in my house. He then said he didnt think I understodd, he was going in my house and closing the party down. I agian politley said I would appreciate if he didnt come in my house. He grabbed me by the arm, dragged me to his car threw me against the car, frisked me(very physical in all this) and told me I was going to jail. After taking my id and seeing I am of age he told me I had a choice, to either go to jail or take a ticket and let him in my house. At this point I had done nothing other then refuse him entrance into my house, I didnt even fight him when he dragged me out to his car. At that point I said screw it and let him in to close the party. He never gave me a ticket, but he blackmailed me with the chioce of jail to get into my house. There never was a fight like he said, there wasnt anyone outside because the kegs were in the garage, and the music wasnt loud enough to hear in the street. So it all stemmed from the cars in front of my house. Anyone see any problems with this? Can he take me to jail simply because I wont let him in my house?

Just figured i would add that if you have another big party not only can they enter if the door is open or if one of your guests let them in.

[streakn]

Originally Posted by 32VALVR

If you clean up the ticket I'll give you my girls T**ts plus $1,000,000.00 cash, but you will have to give up that MGW black locking fuel door!!! J/K.
Honestly, thanks for the info.
P.S.
How would I know if he had legal right to shoot radar from a private residence driveway?

The only way to find out would be to ask him in court. Make sure you have your ducks in a row.....is that enough for a portion of that cash offer? Not sure if I want your girls T**ts, I don't think they'd look that good on me. They may bring out Dave's eye color though.LOL

[IMachU]

Originally Posted by streakn

The only way to find out would be to ask him in court. Make sure you have your ducks in a row.....is that enough for a portion of that cash offer? Not sure if I want your girls T**ts, I don't think they'd look that good on me. They may bring out Dave's eye color though.LOL

Funny....very funny. If I did have a pair, I'd never leave the house!!

Exactly what Jas said....get yer ducks in a row. Them motor guys NEVER miss a day in court, but you can always try it. Again, good luck!

[streakn]

With that. If you decide to go to court and lose. The judge most likely won't offer you traffic court or he may even raise the fine...the power of the judge is beyond my reach. Good luck.