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Failure to Obey a Police Officer

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  • 08-01-2015, 01:38 AM
    Gamerz34
    Failure to Obey a Police Officer
    My question involves a traffic ticket from the state of: Indiana

    I got a ticket for failure to obey an officer. Im wondering if he really had the right to give me a ticket.

    My friend got pulled over and 3 cops surrounded his car. I didnt know if something had happened or what, so i slowed down on the opposite side of the median to ask if he was alright and right when i slowed down an officer yelled to get away. And i said that he couldnt tell me to leave. All i wanted to know if my friend was okay. Keep in mind i never came to a complete stop, and after i said that he couldnt tell me to leave he told me to stop. He had one of the 3 squad cars drive up to the next light and turn around. just to pull up behind me. And gave me a ticket for failure to obey a police officer after i never really stopped when he said to leave. I was just trying to make sure my friend was alright. I dont really think i should have gotten a ticket, but i did.
  • 08-01-2015, 02:46 AM
    L-1
    Re: Fail to Obey Officer
    Yes, the officer had the authority to tell you to leave.

    The police are not required to engage in debates with the public or to explain what they are doing in order to continue carrying out their function. Your conduct obstructed, delayed and interfered with the officers in the performance of their duties and a citation was appropriate based on your description of the incident.
  • 08-01-2015, 12:09 PM
    jk
    Re: Fail to Obey Officer
    Depending on whether your actions, even if the situation with your friend was not involved, were otherwise legal and whether your proximity to the activity would be considered interference.

    If your actions were otherwise legal and you were not so close as to be considered to be interfering, no, the police would have no authority to require to drive away but....

    given the serousness of the situation and how easily it appears you communicated with the officer and it sounds like you were still on the road where driving too slowly is a ticketable offense the I suspect he had all legal rights to demand you continue on.
  • 08-01-2015, 01:40 PM
    cdwjava
    Re: Fail to Obey Officer
    We get really nervous when friends of the people we are contacting pull up and start being a distraction. If you don't move on when asked, we will take action to control the scene. That sometimes means an arrest, it may mean a detention and then a release. A lot depends on the totality of the facts in the situation.

    As L-1 stated, we are under no legal obligation to debate our reasons or to provide you information on the side of the road. If you had moved on down the road and legally parked, you likely would not be in this situation.

    You are free to consult legal counsel prior to court and make wahtever defense you feel you can.
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