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  1. #1
    Join Date
    Sep 2005
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    California
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    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    Quote Quoting railslave
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    So my questions are
    1. Why didnt the off duty officer issue me the ticket?
    What makes you think he was "off duty?" As mentioned, he may have been a detective, a supervisor, or even a manager (i.e. a lieutenant or higher) and not working a uniformed patrol assignment. Most "off duty" officers don't have personal cars with emergency lights in them.

    So, he may not have issued the cite himself because he didn't have a cite book, he figured he needed to chill after your 'tude, or any one of a number of other reasons.

    2. When asked arent officers supposed to give there name and badge if it isnt on the ticket?
    Didn't you get this info?

    They don't have to drop what they are doing and give you that info, no. Such side questions are also common distraction techniques employed by some criminals to try an distract an officer and change his focus or put him on the defensive, thus letting down his guard. An experienced officer shouldn't play that game.

    3. is the ticket for running a red light valid, if an officer that didnt even witness the violation issues me the ticket?
    The issuing officer may not necessarily be the "arresting" officer. if you take the matter to trial and the issuing officer appears and tries to say HE saw the violation, you can object and point out that it was another officer who did. I suspect, however, that the other officer will appear in court to testify as to what he observed.

    You're lucky the officer did not direct you to step out of the car - something he can do, and you would have to comply. The window thing can be annoying and the way to get around that is to bring the driver out of the car and back to yours. The fact that the officer did not play that card shows that he was rather patient with you.

    And while I can understand some measure of reticence regarding a stop by an unmarked vehicle, it WAS (I presume) in a very public place. But, if polices are the same there as they tend to be here, the non-uniformed officer should understand the request and have a marked unit respond. Which, he did. You do not necessarily get to have a supervisor, respond, however. You are certainly free to go to the station and talk to one.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    Even if he was off duty it doesn't invalidate the citation. I used to hang out with an Baltimore (admittedly Baltimore County) police officer. Seen him write tickets "off the clock" a few times. Sometimes he's in uniform, sometimes not.

  3. #3
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    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    Quote Quoting flyingron
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    Even if he was off duty it doesn't invalidate the citation. I used to hang out with an Baltimore (admittedly Baltimore County) police officer. Seen him write tickets "off the clock" a few times. Sometimes he's in uniform, sometimes not.
    For safety reasons, it's not too good an idea to conduct stops or make contacts when one is OFF duty as you tend to NOT have nifty little things like a vest, a radio, a Taser, handcuffs, etc. When we are off duty we may have a badge and a gun, but, that's about it. Most agencies discourage this or forbid it except in very limited cases, even if the law allows it. I can't speak for Baltimore, but, if this is commonplace for OFF duty officers, I have to scratch my head as to the "why" of it.

  4. #4
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    Sep 2010
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    19,901

    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    Off duty he still has his vehicle here and presumably all that stuff. The officer in the poster's question appeared to be driving an unmarked unit as it had lights.

  5. #5
    Join Date
    Dec 2014
    Location
    not in a prison
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    732

    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    go to court,, see if that cop who pulled you over to start with shows up, that's what I would do

  6. #6
    Join Date
    Jan 2010
    Location
    New Jersey
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    3,666

    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    Sounds like you're a prick but you do need some advise.

    When you go to court, the officer that issued you the citation must be present as well as the officer in the unmarked vehicle.

    If for some reason only the officer that wrote the citation is present, move for a dismissal under the grounds of hearsay.

  7. #7
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    Quote Quoting Who'sThatGuy
    View Post
    If for some reason only the officer that wrote the citation is present, move for a dismissal under the grounds of hearsay.
    Although if you confessed to the ticketing officer that you ran the light, the officer's recitation of that confession would not be hearsay.

  8. #8
    Join Date
    Sep 2005
    Location
    California
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    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    Quote Quoting flyingron
    View Post
    Off duty he still has his vehicle here and presumably all that stuff. The officer in the poster's question appeared to be driving an unmarked unit as it had lights.
    That is sooo bizarre! And a potentially HUGE liability for an agency! I wonder how many of those officers declare this huge benefit on their taxes??? You'd never see that out here. Unless you have a take-home vehicle and are headed to or from work, or on a work-related errand, you'd best leave the official ride at home. I have a take-home car as well, but, you'll never see me in it unless it's work-related. And, even then, if it's not full duty, I won't generally have a radio, vest, OC spray, or Taser. I'd have a gun and a badge in the car.

    - - - Updated - - -

    Quote Quoting railslave
    View Post
    Yes whosthatguy, i am a prick. No denying that. And no changing that either. But i do appreciate the advice givin. As i always live to realize, there is always a bigger prick then i. I kept the story pretty short considering, but i promise you the off duty takes the prick cake in this who incedent.
    Says the guy who ran the red light ...

    As I mentioned, they could have been the bigger pricks if they wanted to. The fact that they did NOT order you out of the car when you played your little window game shows that they were professional enough not to bite and didn't let their egos get in the way. So, instead, they allowed you to retain the prick prize.

  9. #9
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    I don't know how things are in California, but take home cars are not uncommon here. I don't know how much personal business one is allowed in them (which would be the only way they'd be a taxable benefit). There's a Sheriff's car parked behind my house most days of the week.

  10. #10
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Ran Traffic Light. Off Duty Pulls Me Over

    Quote Quoting flyingron
    View Post
    I don't know how much personal business one is allowed in them (which would be the only way they'd be a taxable benefit).
    Take home cars have been all the rage in my area too. Agencies use them to justify not giving out pay increases, etc... I have seen them parked at an amusement park. We asked an officer one time and he said it was because he was on call 24/7 but he is there with his family. If he were to get called in, he'd either have to strand them at the park or take them to work. Not very family friendly options.

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