Ask A Police Officer

[rickthestick]

Originally Posted by kopacko

Do not feel bad. Since I have owned my Mach, I have been pulled over 7 times by neighboring department officers. I was headed home from work one night, in uniform and was followed for several miles. It is the car most likely, not the driver.

It's funny, but true. I can drive on the edge, I guess is the best way to put it, in my Escape, and never have been pulled over. If I drive the Mach, I start a parade. And every time that I have been pulled over, they all start asking about the car. I told them if they wanted to check it out, I could set up a time, and they could come over to see it. They have even asked if it could beat their cruiser lol. Never been given a moving violation, just that plate cover thing. It's still pretty funny though.

[New Mach]

Originally Posted by mustangmike2003

Well, one time I got followed for like 3 miles, then got pulled over for no turn signal. The other time, I got followed then pulled over in my own driveway for exhaust. Then I got followed and he got bored of me so he went and pulled someone else over, that was so funny. Then one time got pulled over for no front plate.....the complaints with local cops are never ending....but I have gotten more then my share of speeding tickets

Okay this makes a little more sense, you're are being pulled over and moreover, for something:

1. No turn signal
2. Loud exhaust
3. Multiple speeding tickets.
4. No front plate
5. Although this didn't happen, you did 20 mph in a 35 mph, that is PC for a car stop (going too slow for posted speed)

I'm not supporting what they're doing as right, but you're are being pulled over for something, which is in contrast for being pulled over for nothing.

Every juristrican is different, maybe that place is a ticket town, there is a town up the road from where I live, and it's been nicked named "Ticket Town" place has no crime, so there is nothing else to do, I guess.

If you don't speed, or go too slow for that matter, use your turn sigal and change your exhaust, your may never get pulled over again.

I drove a 1984 5.0 for 20 years, drove up and down the roads like a fool, and can't remember getting pulled over for PC, or getting a ticket.

Now getting pulled over on my motorcycle, that's a different story.

Michael

[MvCrash]

Originally Posted by IMachU

Dale, I have told you a dozen times (again with the puns)......we have graduated from coffee and donuts to Starbucks and croissants back in the 90's. We;ve come a long way, man!

Uhmm....Speak for yourself. I was doing coffee and donuts on the midnight shift in the early eighties........There was no Starbucks I hate Starbucks and love donuts....I had a special chip put in the Computer of the police car I drive that has the location of every Dunkin Donuts on the eastern seaboard.

I like the ones with sprinkles the best.

[OSUALUM78]

So here is a few questions for you officers:

1) If I get pulled over for speeding [not that I have yet (*knock, knock, knock*)] how is the proof obatined in court. Usually word of an officer vs. word of person right? Or radar/laser print out showing a vehicle was going over the posted speed limit for a given area. Do all officers have to be able to show a print of of radar/laser showing that there was actual speeding of a vehicle if the person asks for proof that they were speeding when pulled over? I have read that while radars and lasers shoot a beam of whatever at a moving vehicle and it comes back to the radar/laser, and then it computes the officer's current vehicle speed (usually not in motion for most speed traps) and that calculates your speed, they can't actually be verfied that it was you speeding (assuming that you are not the only moving vehicle on the road, say during high traffic situations? I.E. as an officer, doing "speed traps" you can radar/laser a car that was going faster than me or any car that was breaking the speed limit law, and say it was me that was speeding, and I would still lose in court based on the print out, or a cop's word being more compelling than a person's word, even if that person wasn't actually speeding.

2) When can an officer actually give you a ticket? Obviously while on duty. But, for example, I was just coming back from lunch, and an officer (city of Tulsa), in uniform, was in what appeared to be a personal vehicle, i.e. he was off duty, could he still issue me a ticket if he was off duty (even though in uniform) and caught me speeding based on the speedo read out of his vehicle (i.e. I was going 45 mph, he was going 40 mph, the posted limit is 40 mph, and I was passing him)? Would it actually hold up in court since he was off duty and he doesn't have a print out from radar/laser speed gun?

3) What is the law regarding flow of traffic? For example, The flow of traffic (me included) is going a constant 50 mph, when the posted limit is 40 mph. Could an officer ticket me for speeding due to me going over posted limit, but with the flow of traffic?

Did any of that rambling make sense?

[kevsrcode]

OSU, I will do my best to answer your questions from my perspective, based on Texas Law.

1) If I get pulled over for speeding [not that I have yet (*knock, knock, knock*)] how is the proof obatined in court. Usually word of an officer vs. word of person right? Or radar/laser print out showing a vehicle was going over the posted speed limit for a given area.

Answer: Proof is obtained through testimony in court. Usually, it is the officer's word. Some jurisdiction have video tape that is tied into the radar but not all.

Do all officers have to be able to show a print of of radar/laser showing that there was actual speeding of a vehicle if the person asks for proof that they were speeding when pulled over?

Answer: No, the officer has to have some type of evidence, but they don't have to have a print out, etc...

I have read that while radars and lasers shoot a beam of whatever at a moving vehicle and it comes back to the radar/laser, and then it computes the officer's current vehicle speed (usually not in motion for most speed traps) and that calculates your speed, they can't actually be verfied that it was you speeding

Answer: Lasers are pretty direct, you point them at the vehicle that you want "clocked". Radars cast a larger net, but the idea is that you find the one moving the fastest and, based on your experience and training as an officer, you can determine if the vehicle's speed matches the one on your radar. Again, it's a deal where the officer has to know what he's talking about.

2) When can an officer actually give you a ticket?

Answer: In Texas, an officer is considered "on duty" 24 hrs a day/ 7 days a week and can act in that capacity at any time, if he's in his jurisdiction. As far as writing a citation for speeding based on the speedometer in his personal vehicle, that's a little shady unless the speedometer is certified calibrated, as the one's in the patrol cars are. If they are, he can use it and "pace" you. If not, there is too much room for error to say that you were doing a certain speed.

) What is the law regarding flow of traffic?

Answer: The law in Texas is that you cannot exceed the speed limit in a manner that is "unsafe." Basically, if you are driving with the flow of traffic the officer could cite every vehicle that was running over the limit, however, that would be impractical. He could also cite you only, but would have a hard time in court explaining why you were unsafe and the others weren't. Of course, there is the deal about only being able to catch one at a time so, if you break the law, you take your chances..

I hope this helps and wasn't too long winded...

[sexystangchic31]

Ok i have a question....My 03 mach one was parked in front of my house a little less than 2 weeks ago and some guy totaled it!!! I have only had it for 4 months and it took me forever to buy the **** thing because I was a first time buyer and all that stuff...my insurance wants to give me less what i paid for it and im not taking it...so my question is...can i sue the guy who hit my car?

[kevsrcode]

That's more of a lawyer question but the quick and dirty answer is yes, anyone can sue anyone for any thing. The question you need to ask is "can I sue this guy and win." From the facts that you have presented, it would seem that you have a good case. The problem you may run into is does the guy have insurance. If so, his policy probably limits the ammount that you can recover. If not, there's probably not much you are going to get from him. Again, I'm not trying to give legal advice, just general things to think about...

[IMachU]

Originally Posted by sexystangchic31

Ok i have a question....My 03 mach one was parked in front of my house a little less than 2 weeks ago and some guy totaled it!!! I have only had it for 4 months and it took me forever to buy the **** thing because I was a first time buyer and all that stuff...my insurance wants to give me less what i paid for it and im not taking it...so my question is...can i sue the guy who hit my car?

Fist things first - WELCOME to the site!! Look around and enjoy it here....this is a great group of people.

Second, YOUR insurance should not be paying off the Mach - the guy who hit your car is the one who has to cover the damages. So, that is where your ultimate battle lies.

You may also (and correct me if I'm wrong, insurance gurus) ask that the insurance company just buy you another Mach in the same condition as yours when it was hit. You may be able to find another Mach, take the info to the ins. co., and have them write a check for it.

Either way (I'm a cop in L.A. County, too!), good luck with this! And when your Mach is replaced, you really should come to a Beach Cities Mustang Club meeting...you'll like it! www.bcmc.net

[Mach&Roll]

I bought gap insurance with mine just incase that happened. I didn't know how the mach would hold its value and I am glad I did. I just need to refinance if I can.

[kopacko]

IMU,
Is absolutely correct. His insurance should be paying the for the vehicle.

[Vic229]

Originally Posted by sexystangchic31

Ok i have a question....My 03 mach one was parked in front of my house a little less than 2 weeks ago and some guy totaled it!!! I have only had it for 4 months and it took me forever to buy the **** thing because I was a first time buyer and all that stuff...my insurance wants to give me less what i paid for it and im not taking it...so my question is...can i sue the guy who hit my car?

Your insurance company will go after the other guys insurance company.

You could go after the other guy by yourself but it is easier sometimes when your insurance company is working on your behalf.

Your insurance company wants to pay you off as quick and as cheap as possible.

How did your insurance company determine the payoff price?? Did they do comps in the area of other Mach 1's? Or are they going off Kelly Blue Book?

Do you still owe money on the Mach?

[New Mach]

Originally Posted by OSUALUM78

2) When can an officer actually give you a ticket? Obviously while on duty. But, for example, I was just coming back from lunch, and an officer (city of Tulsa), in uniform, was in what appeared to be a personal vehicle, i.e. he was off duty, could he still issue me a ticket if he was off duty (even though in uniform) and caught me speeding based on the speedo read out of his vehicle (i.e. I was going 45 mph, he was going 40 mph, the posted limit is 40 mph, and I was passing him)? Would it actually hold up in court since he was off duty and he doesn't have a print out from radar/laser speed gun?

If he was in his POV (privately owned vehicle) how did he pull you over? Did he stick his head out of the window and yell "hey-pull-over?" If yes, that would be a bit odd, but I can imagine a situation so heinous that he felt he had to act for the safety of others.

If he used colored lights to pull you over in what appeared to be a POV, than that my friend, was a police car.

Let us know what happend,

Michael

[kopacko]

Originally Posted by Vffr1

If he was in his POV (privately owned vehicle) how did he pull you over? Did he stick his head out of the window and yell "hey-pull-over?" If yes, that would be a bit odd, but I can imagine a situation so heinous that he felt he had to act for the safety of others.

If he used colored lights to pull you over in what appeared to be a POV, than that my friend, was a police car.

Let us know,

Michael

By law in the state of Tennessee, law enforcement, are permitted to install lights and sirens in their own personal vehicles. Since officers are 24/7, yes, they can pull you over and detain you.

[IMachU]

In Calif, an authorized emergency vehicle has to be owned by the police agency. So that means if I buy a car for use in the Department, I have to "donate it" to the County. Then, after they legally own the car, they will outfit it with all the bells and whistles. So, if someone pulls you over in Calif, it is in a Department owned vehicle.

[IMachU]

Here is an answer I wrote to another thread that I thought may go well in this one...it was a "modified exhaust" question. In Calif, it is unlawful to modify your exhaust so it is louder than stock (or 95 dbA for replacement exhaust systems). Below are the California Vehicle Code sections governing exhaust systems:


CVC Section 27150 (a) Every motor vehicle subject to registration shall at all times be equipped with an adequate muffler in constant operation and properly maintained to prevent any excessive or unusual noise, and no muffler or exhaust system shall be equipped with a cutout, bypass, or similar device.

AND

CVC Section 27151 (a) No person shall modify the exhaust system of a motor vehicle in a manner which will amplify or increase the noise emitted by the motor of the vehicle so that the vehicle is not in compliance with the provisions of Section 27150 or exceeds the noise limits established in Article 2.5 (commencing with section 27200). No person shall operate a motor vehicle with an exhaust system so modified.

27151 (b) For the purposes of exhaust systems installed on motor vehicles with a manufacturer's gross vehicle weight rating of less than 6,000 pounds, other than motorcycles, a sound level of 95 dbA or less, when tested in accordance with Society of Automotive Engineers Standard J1169 May 1998, complies with this section. Motor vehicle exhaust systems or parts thereof, but are not limited to, nonoriginal exhauist equipment.

[MvCrash]

To fill in on some answers posted: (NJ)

A. ANYONE can sign a motor vehicle complaint against ANYONE. The only difference between a civilian signing the complaint and an officer signing the complaint is that only an officer of the court can serve the SUMMONS portion. (which compels you to court or pay a fine unless court is mandatory) So if you, a civilian, wish to sign a MV complaint, go to your local police station and let them know, they SHOULD walk you through the process and then either deliver the summons themselves or have the court serve the summons through the US mail or other means.

B. You insurance company is responsible to pay your damages. THEY have the right (read the policy) to pick payment or replacement. If you do not like the settlement you have the right to an independant adjuster, and an attorney to file a civil complaint to recover your damages. And yes, they have to pay the attorney to represent you.
As far as damages to the car, once your insurance company decides it is not your fault, they will subrogate the claim to the other insurance company to recover their loss. They will also get your deductible back and mail you a check.

Hope that helps.

[JDraper]

Originally Posted by OSUALUM78

So here is a few questions for you officers:

.....
2) When can an officer actually give you a ticket? Obviously while on duty. But, for example, I was just coming back from lunch, and an officer (city of Tulsa), in uniform, was in what appeared to be a personal vehicle, i.e. he was off duty, could he still issue me a ticket if he was off duty (even though in uniform) and caught me speeding based on the speedo read out of his vehicle (i.e. I was going 45 mph, he was going 40 mph, the posted limit is 40 mph, and I was passing him)? Would it actually hold up in court since he was off duty and he doesn't have a print out from radar/laser speed gun?
....

I'm not actually a police officer (but I did stay at a Holiday Inn Express last night ), but if the officer pulled you over in his personal car, you could fight it on the premise that he did not use a calibrated speed detection/control device, i.e. his speedometer. In PA (and I'm EXTREMELY familiar with MV law here ). Any mechanical or electrical device that is used to track your speed, whether it be radar, his speedometer, etc, must be calibrated and verified in some manner to ensure accurate speeds. If he pulled you over using his speedometer as the measurement device, and his speedometer has not been calibrated, you should be able to win that one in court easily.

[OSUALUM78]

Originally Posted by Vffr1

If he was in his POV (privately owned vehicle) how did he pull you over? Did he stick his head out of the window and yell "hey-pull-over?" If yes, that would be a bit odd, but I can imagine a situation so heinous that he felt he had to act for the safety of others.

If he used colored lights to pull you over in what appeared to be a POV, than that my friend, was a police car.

Let us know what happend,

Michael

Oh, nothing happened. He just rode my bumper giving mean stares at me (this was after the second time I sped by him and realized that was when I he was a po-po in uniform, in what appeared to be a personal car).

[MACHrophage]

if the officer pulled you over in his personal car, you could fight it on the premise that he did not use a calibrated speed detection/control device, i.e. his speedometer. In PA (and I'm EXTREMELY familiar with MV law here ). Any mechanical or electrical device that is used to track your speed, whether it be radar, his speedometer, etc, must be calibrated and verified in some manner to ensure accurate speeds. If he pulled you over using his speedometer as the measurement device, and his speedometer has not been calibrated, you should be able to win that one in court easily.

That is not going to fly in court b/c an officer is a "trained observer." Courts generally find that due to an officers occupation his/her ability to accurately observe and recall is better than average...therefore if an officer off duty or on duty comes into court takes an oath and states " joe blow was speeding, I know he was speeding b/c I saw him exceeding the legal limit." joe blow is going to have to come up with some really good explaination as to why the officers observations are not accurate. ( i.e. it was raining, mistaken identity, etc...)

Additionally, although opinion testimony is only allowed under limited circumstances in courts any person can give opinion testimony regarding general matters that most individuals have experienced...speed, whether or not someone is intoxicated,approximations of height and weight, etc...are allowed. Ordinary citizens can testify in court to these matters, so officers can too.

[JDraper]

I've already fought that one in PA and won. Officer wrote me a ticket (many years ago) for "estimated 35 in a 25 zone"...got tossed in court because there was no hard proof. He didn't use any calibrated device to track my speed.

This may be an issue of law differences from state to state.

[Mikestang]

If a cop tried to pull me over in his personal car
i would not stop how would i know its a cop or some nut with a gun ?

in NY the state police are not allowed to make traffic stops in unmarked cars

[MACHrophage]

could be a state difference...but I know in NJ and definitely in MD where I work...an officers word is tough to beat.

[IMachU]

In Calif, there is a section called 22350 CVC, Unsafe Speed. That could be anything, depending on the conditions. It is all subjective, too. That one is hard to beat. Then there is 22349 CVC, which is the Basic Speed Law. That is the one where you get caught on the freeway driving over the basic speed (65 MPH in a posted 65 MPH zone). 2 seperate sections for speeding.

[xMach]

i was told to post here about a confrontation i had with northern virginia finest.

http://www.mach1registry.org/forums/...245#post499245

i really think that the officer was trying to establish himself seeing as how i know the cop how usually patrols the area. this new guy was just being a jerk as far as im concerned.

thanks for the input.

[IMachU]

Originally Posted by xMach

i was told to post here about a confrontation i had with northern virginia finest.

http://www.mach1registry.org/forums/...245#post499245

i really think that the officer was trying to establish himself seeing as how i know the cop how usually patrols the area. this new guy was just being a jerk as far as im concerned.

thanks for the input.

Please forgive me....I don't understand your question.