Pulled Over Because Officer Didn't Know Law

[Littlebilly07]

My question involves a traffic ticket from the state of: Minnesota

I was stopped for "carrying a passenger" on my motorcycle. That is what it said on the citation in the notes. I have a very small motorcycle and the police officer considered it a moped even though it has a valid motorcycle license plate and I have a motorcycle endorsement. After I informed him of this, he instead gave me a ticket for riding on a sidewalk because I pulled into a driveway and turned onto the sidewalk a few feet so I would be off of the street while talking to the officer as it was on city streets. The law is very clear that my vehicle is considered a motorcycle here in Minnesota, and I was wondering if it was lawful for him to pull me over in the first place leading to the other citation that wouldn't have happened if he hadn't pulled me over.

[cdwjava]

I assume he saw both your movement o9n the sidewalk and the vehicle you were operating. So, even if he had no cause to stop you for driving with a passenger,it sounds as if he may have had good cause to stop you for driving on the sidewalk. Whether a judge will consider the distance you traveled to be relevant is anyone's guess.

Go to court and tell the story to the judge. See what happens. You can also consider hiring an attorney who can make a suppression motion ,,, though,I suspect the cost of an attorney will be several times the total cost of the citation if you are found guilty.

[THEAMAZINGCHAN]

Carl he was already being stopped. he was trying to find the safest place to stop. (maybe tried to hard)

so your saying if a solid line prevents me from driving on the shoulder.
and police come behind me and flash me to pull over i can not use the shoulder as i cant cross solid line?
then if I'm on an interstate you want me to take the next off ramp?

i bet this sidewalk the driver was on was a sidewalk that runs through a persons driveway. and if thats the case then everyday when the car goes out the drive it enters the sidewalk. then into the street. driveways and sidewalks connect into each other frequently.

actually thats how my house is so now how am i going to get to work in the morning without driving on the sidewalk?

[BOR]

The law is very clear that my vehicle is considered a motorcycle here in Minnesota, and I was wondering if it was lawful for him to pull me over in the first place leading to the other citation that wouldn't have happened if he hadn't pulled me over.

If you rolled on a sidewalk to get out of harms way for the stop and he gave you a ticket for it, it is VERY questionable. This charge should NOT be sustained whether the intial stop was proper or not, as Chan points out.

You simply can not stop dead middle on an intertstate, as an example, when you get lighted up. You get over as soon as practical and as safe as practical. IF this was your intention, even though not on an interstate, the citation is NOT supported by probable cause, period. The law requires a person STOP when a police car signals them to do so, either by lights, siren, or direction of another kind. You did. Unless it was done in such a manner as to endanger others, uneccessary time allotment, etc., the charge is bogus.

IOW, you can't continue for 2 miles, as an example, after being signaled to pull over, unless you have a very valid reason for it.

[That Guy]

would taking someone to a hospital qualify?

I'm sure some officers might understand, but if its that urgent, then calling an ambulance would be a safer bet. Speed limit law do not offer any exclusions for emergencies...

dont stop til you get to the er?

That would get you an additional failure to yield to an emergency vehicle or evading (depending on the state) on top of the speeding charge...

[BOR]

I'm sure some officers might understand, but if its that urgent, then calling an ambulance would be a safer bet. Speed limit law do not offer any exclusions for emergencies...

All laws permit a legal "Justification" as a defense. If you were speeding to take a person to the hospital in a dire emergency, as long as you were not reckless, etc., IF some rogue cop charged you with speeding, this is the defense of justification OR Necessity you would proffer in court. Some states may even statutorily exempt such motorists, I doubt it, but possible. Usually the defense of Justification is codified though, or ingrained in the common law.

[blewis]

Here's an example of "justification as a defense" which has been codified -- NY Penal Law:

§ 35.05 Justification; generally.

Unless otherwise limited by the ensuing provisions of this article defining justifiable use of physical force, conduct which would otherwise constitute an offense is justifiable and not criminal when:

1. Such conduct is required or authorized by law or by a judicial decree, or is performed by a public servant in the reasonable exercise of his official powers, duties or functions; or

2. Such conduct is necessary as an emergency measure to avoid an imminent public or private injury which is about to occur by reason of a situation occasioned or developed through no fault of the actor, and which is of such gravity that, according to ordinary standards of intelligence and morality, the desirability and urgency of avoiding such injury clearly outweigh the desirability of avoiding the injury sought to be prevented by the statute defining the offense in issue. The necessity and justifiability of such conduct may not rest upon considerations pertaining only to the morality and advisability of the statute, either in its general application or with respect to its application to a particular class of cases arising thereunder. Whenever evidence relating to the defense of justification under this subdivision is offered by the defendant, the court shall rule as a matter of law whether the claimed facts and circumstances would, if established, constitute a defense.

But, note that it is still up to the court as to whether or not to accept your particular excuse for this particular offense.

Barry

[BOR]

But, note that it is still up to the court as to whether or not to accept your particular excuse for this particular offense.

Barry

That's right, a defense is never absolute per se, unless it is an alibi defense that can be proven with no doubt of its veracity, and other examples maybe.



Here is my states:


(D) As used in this section:

(1) An “affirmative defense” is either of the following:

(a) A defense expressly designated as affirmative;

(b) A defense involving an excuse or justification peculiarly within the knowledge of the accused, on which the accused can fairly be required to adduce supporting evidence.


http://codes.ohio.gov/orc/2901.05

If you are transporting a person to the hospital who just got bit by a Rattle snake, time is paramount. If any traffic referee/magistrate would rule against you, as I say, as long as you were not reckless, etc., the person is an idiot, and on appeal, the superior court would more than likely have more sense.