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Officer conduct when issuing a ticket

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  • 12-17-2006, 12:14 PM
    juzjmpit
    Officer conduct when issuing a ticket
    I just recently got a speeding ticket in New Hampshire for doing 85 in a 65. The officers conduct struck me as rather odd and I was wondering if I have any grounds to fight the ticket, mainly because he he said he clocked me at 87 but from what i remeber i was doing no more then maybe 80. I had previously been behind a car, going around 74-75 mph, that kept speeding up and slowing down so i sped up to 80 to get around them. I came around the corner and there was a cop, he flased his blues and i pulled over and what not. The cop came up to my window and just stood there not saying a word to me. So i got out my licenses and registration and handed it to him. He started to walk back to the car, having not said a single word to me, but then stopped came back and said i clocked you at 87, was there any reason for the speeding? Which I answered by saying, 87? I don't remember going that fast, i know i was doing maybe 80. He said ok and just walked back to his car. A few minutes later he came back with the ticket and told me he gave me the ticket for 85 to save me some money, that it had to be payed within 30 days, and all other instructions where included. He then went back to his car and drove off before i even had a chance to get my car out of park. He didn't put back on his blues or anything as if he was responding to another call, he just slowly took off back onto the highway. But from what i remember being taught (i've done a few criminal justice courses and done a couple ride alongs with the chief of laconia) is that the cop must remain at the scene until you have safely gotten back on to the road. The other thing was on the ticket he didn't give me his badge number of name like they other officers did on my two other tickets.
  • 12-17-2006, 03:15 PM
    moburkes
    Re: Officer conduct when issuing a ticket
    The officer's conduct does not warrant the ticket being dropped.
  • 12-17-2006, 03:15 PM
    Litigator
    Re: Officer conduct when issuing a ticket
    Regardless whether the officer conducted himelf in a normal manner, I think the case is going to boil down to whether the prosecution can prove speeding beyond a reasonable doubt. I don't know if he was using radar or what--perhaps you could find that out through the discovery process--but assuming everything was in proper working order a speeding charge is almost impossible to beat.
  • 12-17-2006, 04:57 PM
    seniorjudge
    Re: Officer conduct when issuing a ticket
    ...But from what i remember being taught (i've done a few criminal justice courses and done a couple ride alongs with the chief of laconia) is that the cop must remain at the scene until you have safely gotten back on to the road....

    I hope you didn't pay for being taught that.
  • 12-18-2006, 03:50 PM
    Bookm
    Re: Officer conduct when issuing a ticket
    Quote:

    Quoting juzjmpit
    View Post
    ... he didn't give me his badge number or name

    Could this not lead to dismissal? How could he subpeona the officer if he doesn't know who it is? The citation is the charging document. With no name, there's no witness. Not sure about this though.

    For future reference, NEVER admit you were speeding! Even if it is less than the officers estimation. If you admit to going over the speed limit, it's almost impossible to beat.

    Once, I was stopped for speeding and told the officer I sped up to go around a "wandering" driver in the right lane (similar to your situation). He said he would lower the speed on the ticket. I said I think a Judge should rule on this one. He let me go with a warning (no ticket).

    Sean
  • 12-18-2006, 11:21 PM
    dlong66
    Re: Officer conduct when issuing a ticket
    let me apologize juzjmpit for the people who don't have anything better to do than to post a completely worthless response. any other time i would say just pay the ticket and go on your way. but, the way you describe this cop's behaviour....sounds like he may not be playing with a full deck. tell this one to the judge, just like you told it here.
  • 12-19-2006, 07:53 AM
    Bookm
    Re: Officer conduct when issuing a ticket
    Quote:

    Quoting dlong66
    View Post
    let me apologize juzjmpit for the people who don't have anything better to do than to post a completely worthless response. any other time i would say just pay the ticket and go on your way. but, the way you describe this cop's behaviour....sounds like he may not be playing with a full deck. tell this one to the judge, just like you told it here.

    Well I cetainly feel blessed that you are now here to enrich our lives with razor-sharp traffic law advice.

    I have yet to see anyone win a case due to an officers "odd" behavior, but hey, I'm sure you have ;) I dont' really see anything all that odd about the subject stop. Certainly not enough to win a trial. The defendant has admitted to speeding. How can he work the officers "odd behaviour" in to his defence?
  • 01-08-2007, 06:20 PM
    dlong66
    Re: Officer conduct when issuing a ticket
    bookm,

    how much of a chance do you think he would have winning his case in he went into the courtroom and plead guilty?
  • 01-08-2007, 06:44 PM
    dlong66
    Re: Officer conduct when issuing a ticket
    Quote:

    Quoting Bookm

    [QUOTE

    I have yet to see anyone win a case due to an officers "odd" behavior,

    i've seen officers lose their case's for any number or reason's, including odd behavior. i've seen very strange things happen in a courtroom. you're another one who like's to throw insult's at people seeking help and trying to give help. no i don't claim to be the authority on traffic law. but, i can and will give advice based on what i have seen.
  • 01-08-2007, 07:45 PM
    Bookm
    Re: Officer conduct when issuing a ticket
    I took offence to this statement:
    Quote:

    Quoting dlong66
    View Post
    let me apologize juzjmpit for the people who don't have anything better to do than to post a completely worthless response.

    If you are not a Mod, you shouldn't take it upon yourself to openly judge others responses as "worthless".

    I can't quite figure out where you're going with this thread, but, Juzjmpit told the LEO that he was doing "maybe 80" (in a 65). Do you not think that will end up in the officers notes? I don't see how it can be won with self-incriminating evidence like that. This is MY opinion. Feel free to offer your own 2 cents, but don't slam others.
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