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  1. #1
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    Default Framed by a Cop for a Traffic Sign Violation That Does Not Exist

    State: NY
    Violation: No seat belt

    I was framed by a cop for violating a traffic sign (no going straight after exiting the ramp, it was just a few blocks from my home and I drive on this road on everytime I am heading home), but there were no such sign posted. I was an idiot because I forgot to bring my driver's license with me that day, but I was able to cite my driver's ID number and everything for him. So I gave him my registration with my name, driver's license number, and birthday. He came back to me a minute or two later telling me that he's gonna cut me a break and give me a "no seat belt" ticket instead of a moving violation. I smell something fishy but I since he told me that I wouldn't get another ticket for not bringing my driver's license and no points for this "no seat belt" violation, I ended up accepting the ticket.

    I didn't have my driver's license with me at the time so when the cop wrote down my information, he put down the address on my registration which is different from the one I have on my license because the car is registered to my dad who lives in a different address. So my question is, can I beat the ticket based on that fact that the address on the ticket does not match the address on my driver's license? If not, how do I beat a ticket like this? If I tell the judge what really happened, what are my chances? Can I ask for any physical evidences from that cop since the burden of proof lies on him? I am sure he cannot provide proof that I didn't have my seat belt on. I am really pissed off by this. Too many cops are just out there trying to make their quotas nowadays.

  2. #2
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    Default Re: Framed by a Cop for a Traffic Sign Violation That Does Not Exist

    You don't get out of a ticket for giving the officer the wrong address. You get into more trouble.

  3. #3
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    Default Re: Framed by a Cop for a Traffic Sign Violation That Does Not Exist

    Were you wearing your seatbelt? When did he suspect you were not? If he only surmised that you had no seatbelt after the stop, then maybe you have a case. He pulled you over improperly (i.e. violating a sign that did not exist.) Therefore, if he didn't pull you over, he wouldn't have wrote you for the seatbelt. So, you can say the stop was improper and therefore everything subsequent to the stop was improper.

  4. #4
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    Default Re: Framed by a Cop for a Traffic Sign Violation That Does Not Exist

    Quote Quoting Mr. Knowitall
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    You don't get out of a ticket for giving the officer the wrong address. You get into more trouble.
    He did not ask me for my address. He only asked me who this vehicle is registered to. I told him it's registered to my dad then he told me to sit in the vehicle and he will be right back. Then he came back a few minutes later with the ticket and the address on the registration.

    Quote Quoting EWYLTJ
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    Were you wearing your seatbelt? When did he suspect you were not? If he only surmised that you had no seatbelt after the stop, then maybe you have a case. He pulled you over improperly (i.e. violating a sign that did not exist.) Therefore, if he didn't pull you over, he wouldn't have wrote you for the seatbelt. So, you can say the stop was improper and therefore everything subsequent to the stop was improper.
    Hi. Thank you for your reply. I was wearing my seatbelt at the time like I always do. After he came back with the ticket, he told me that: I know that you do have your seatbelt on, but this no seatbelt ticket is better than a traffic sign violation as this no seatbelt ticket does not carry any points on your record. In addition, I am not giving you another ticket for no driver's license. He sounded like he was trying to give me a break before I found out that there were no such signs indicating that I couldn't go straight on that road.

    Therefore, he pulled me over improperly, then gave me this no seatbelt ticket when I did have my seatbelt on.

    How should I go about defending my case? Based on what he did I am pretty sure that if this guys goes to court on my court day he's gonna make up some story, i.e. he saw me with no seatbelt on and pulled me over. If I present my side of the story (which I am being totally honest), what do I have to show in court? Could he get away with this bogus ticket that he wrote just by making something up like the example I gave? I am sure if I ask for any kind of evidence (like a video tape footage or photo), there's no way he could provide such evidence because I did have my seatbelt on before he pulled me over, and after he pulled me over. I literary just got off the a highway ramp in New York City when I was pulled over. I don't yet know of anybody that doesn't wear his seatbelt on a New York City highway as that would be suicidal.

  5. #5
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    Default Re: Framed by a Cop for a Traffic Sign Violation That Does Not Exist

    The way you beat it is simple:

    Go to court and lay a small voice recorder on the table in front of you. You don't have to turn it on, just lay it there so the cop can see it. After the cop testifies, you can cross examine him. As him, "do you remember saying that you knew I had my seatbelt on, but you were going to write this ticket as a substitute for another offense?" (keep in mind that you cannot be charged with that other offense there in court, so you do NOT have to answer for the other offense.) If he says , "yes" then its a done deal. You are NOT guilty for the offense you were charged with. If he says "no", then ask him, "if I play a recording of the conversation, do you think the recording will agree with your testimony"? At that point, he is under pressure to come clean or risk a cite for perjury. It's all a big bluff, but the cop has nothing to win and everything to lose... so I think you have the upper hand.

  6. #6
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    Default Re: Framed by a Cop for a Traffic Sign Violation That Does Not Exist

    Quote Quoting EWYLTJ
    View Post
    The way you beat it is simple:

    Go to court and lay a small voice recorder on the table in front of you. You don't have to turn it on, just lay it there so the cop can see it. After the cop testifies, you can cross examine him. As him, "do you remember saying that you knew I had my seatbelt on, but you were going to write this ticket as a substitute for another offense?" (keep in mind that you cannot be charged with that other offense there in court, so you do NOT have to answer for the other offense.) If he says , "yes" then its a done deal. You are NOT guilty for the offense you were charged with. If he says "no", then ask him, "if I play a recording of the conversation, do you think the recording will agree with your testimony"? At that point, he is under pressure to come clean or risk a cite for perjury. It's all a big bluff, but the cop has nothing to win and everything to lose... so I think you have the upper hand.
    Thank you. The court date is set in late Feb, and that's what I will do. I will give an update after I see the judge.

    Actually, I didn't commit any offense. The only thing I was guilty of was forgetting to bring my driver's license, which he wouldn't find out if he didn't pull me over.

    One thing I really want to find out is: can I ask him to provide any kind of evidence? I would seem obscure to me that judge always state that the burden of proof is on the cop and yet their words alone seem to be enough for the proof and we're the ones that have to provide evidences of our innocence.

    I just responded to a parking ticket today (blocking a pedestrian ramp, $165 fine). There were white marking that seem to designate the ramp as a legal parking space. Nevertheless, I was ready to pay it off, until I found out that beginning of Dec of 2008 all the ramps at a T intersection without crosswalk marking, stop sign, or traffic signals had be turned into legal parking spaces. Mines happened to be one of those spots, and hence the white marking that seem to designate it as legal. I had to take a day off, see a judge with lots of photos (took me a few $ to print them) to get it dismissed. It is still a very costly thing to me even though I didn't have to pay the $165 fine.

  7. #7
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    Default Re: Framed by a Cop for a Traffic Sign Violation That Does Not Exist

    LAST UPDATE:

    Just got back from the court today. The police officer claimed that he has no recollection of the incident and I was found not guilty and case dismissed. Procedure took less than 15 seconds.

  8. #8
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    Default Re: Framed by a Cop for a Traffic Sign Violation That Does Not Exist

    Quote Quoting phil86
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    LAST UPDATE:

    Just got back from the court today. The police officer claimed that he has no recollection of the incident and I was found not guilty and case dismissed. Procedure took less than 15 seconds.
    Amnesia of convenience!!! What a crock!!! You should file a complaint with the officer's agency. A cop that knowingly writes you a ticket for an offense you did not commit does not deserve to be a cop!!

  9. #9
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    Default Re: Framed by a Cop for a Traffic Sign Violation That Does Not Exist

    Quote Quoting EWYLTJ
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    Amnesia of convenience!!! What a crock!!! You should file a complaint with the officer's agency. A cop that knowingly writes you a ticket for an offense you did not commit does not deserve to be a cop!!
    His writing on the ticket is literally illegible, especially the on part dealing with his name, precinct, officer ID # and officer command, etc. Makes me think that he did that purposely so I couldn't file a complaint against him. However, I was definitely going to file a complaint of some sort if I couldn't get away with this ticket.

    Another guy got a ticket from this officer as well. He was called upon after me, but I didn't stay long enough to find out if it was for the same violation. It appeared that the judge (at least my particular one, not sure about others) knew the officer pretty well though. He smiled at the officer when he saw my ticket, asked if I was pleading guilty or not guilty. I replied not guilty, then he asked the officer to raise his right hand and ask if he could tell the truth. Officer replied no and the judge immediately asked him if it was due to loss of recollection, he replied yes and my case was dismissed. Like I said the entire procedure was less than 15 seconds. You could kind of tell from the judge's face that he knew what was coming.

    It's definitely not his first time framing someone for a violation he didn't commit. He brought nothing; no document, folder, paper, or whatsoever into the court room, as compare to some cops that brought decks of folders with documents in there.

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