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View Full Version : Clarify some laws for me...



Ricky
Mon Apr 20th, 2009, 05:24 PM
If this should be moved, pls feel free :D

I have to start this out with a story. I just got back from tooling around downtown after work, and had a little incident I need some answers on.

So, I'm headed into downtown, I'm on broadway and about 22nd ave when I get behind this dude that is on his cell phone. As we inch along, it's obvious he's more interested in talking on his phone, as he's weaving inside his lane, looking down for long periods of time, etc. So, we're stopped at this light, there's 3 cars in front of me including this dude, there's at least 100 yards of open space past the intersection we're about to cross. Light turns green, first two cars GO and head up to the traffic. This ass in front of me is obviously still paying more attention to his phone. Suddenly, THAT QUICKLY, the light turns yellow, and this dude, realizes and stops, right in the middle of the crosswalk. SO of course I'm pissed cause this dude isn't paying attention, and he let two god damn cars go through the light when there's a fuckload of traffic. So, instead of honking my horn, I race the engine to get him to snap the fuck out of it and pay attention.

Suddenly, this dude takes off his seat belt, and starts to get out of his car. Once he got out of the car, I see he's packing some heat (plain clothes officer). Here's how the conversation goes:

Cop: Are you trying to get my attention by racing your engine like that?

Me: Actually, yes, it's becau....

Cop: What's the point of all that? DO you understand it's illegal and dangerous to do stuff like that?

Me: Well, actually officer, it seemed as if you weren't paying enough attention to the road, therefore putting my safety at risk. You had ample opportunity go to through that light, but were too busy talking on your...

Cop: Listen, if you want to argue about this, I'd be happy to pull to the side of the road and run your license.

(As if he's trying to scare me or something. Note, I have a completely clean record. Nothing to be afraid of if he does check up on me. Keep in mind, I have not raised my voice to this guy, meanwhile he's screaming at me at the top of his lungs)

Me: That's fine officer, but I was simply....

Cop: That's right, keep arguing with me.

Me: ...

Cop: What you're doing is stupid and dangerous, and if I see you do it again I'll throw you in jail.

The cop walks off and gets back in his car just as the next light turns green.

So, I want to know what exactly was illegal about what I did? Keep in mind that my bike is 100% stock. No aftermarket pipe or anything so there is no noise violation. What statute exactly, says that revving an engine is illegal (except for noise pollution laws)? What says that revving an engine in the middle of traffic is "dangerous" and what says it's "illegal"?

This cop stepped out of his car acting like such a badass, threatens to run my license, then when I give him the opportunity to, he passes it up. Obviously he knew I didn't give a fuck if he ran it. Refused to acknowledge that the cell phone call he was on, was a distraction to his driving, and a safety risk to me, and everyone else around me. All I did was shake my head as he got back in his car. So disappointed in LEOs these days.

I do want to know though, was I in the wrong? Is racing my engine in place of my horn (aside from noise pollution) illegal?

XJ600s
Mon Apr 20th, 2009, 05:39 PM
As far as I know, revving your engine is not illegal. Actually, honking your horn is illegal unless you are warning someone that you are about to run into them (a friend used to work at a city hall and told me the crazy traffic violations people were brought up on).

He probably was having a bad phone call and just got really aggravated that someone did something to alert him. If it were me, I would have gotten HIS info and taken it to his respective station to make it known what he was doing (talking on a cell and not paying attention to the road at all, verbally assaulting another driver, etc). But, it's all in the past and it's best to just let it go at this point.

Ricky
Mon Apr 20th, 2009, 05:43 PM
I agree with getting his info. Thinking back, I really wish I would have had him pull over so we could TRADE info on each other. But, just like other officers I've had the joy of dealing with, he was on a power trip and kept screaming and helling at me, telling me I'm arguing with him, and didn't give me time to "think" about how to properly handle the situation. And now if I call the DPD, it does me no good cause I have no fucking clue who the guy was. Didn't even think to get his lic plate.

TFOGGuys
Mon Apr 20th, 2009, 05:55 PM
He's obligated to give you either a business card or a citation with his PRINTED name and badge number ANY time he contacts a member of the public in his official capacity as a peace officer. If he displayed a weapon, and did not show identification, that's technically felony menacing. If he showed you a badge, then he's in violation of the contact policy, as he didn't give you a business card.

Panman06
Mon Apr 20th, 2009, 06:19 PM
I would have asked for his badge number and supervisor. Now mind you, he probably could have given you a ticket for violating the new noise ordinance BS they have in Denver County. Even with a stock exhaust, my gixxer violates the db level with I gun it.

SaShWhO
Mon Apr 20th, 2009, 06:30 PM
just another typical story of a fellow citizen getting reamed by some egotistical small dick fuck with a badge.

Mizzybeff
Mon Apr 20th, 2009, 06:35 PM
I know that anytime an officer speaks to you or has an incident he HAS to give his card or a ticket. They started doing that when girls got abducted by "fake Officers" or molested by officers. So its a safety thing.

But yeah cause you didn't get his you can't report him, but you didn't break any laws or anything.

sag
Mon Apr 20th, 2009, 06:58 PM
exhibition of speed

Ricky
Mon Apr 20th, 2009, 07:00 PM
He's obligated to give you either a business card or a citation with his PRINTED name and badge number ANY time he contacts a member of the public in his official capacity as a peace officer. If he displayed a weapon, and did not show identification, that's technically felony menacing. If he showed you a badge, then he's in violation of the contact policy, as he didn't give you a business card.

WOW... I did not know this... I did not see a metal police officer badge, but I did see that he was wearing a plastic badge around his neck.... maybe like he wasn't a street cop, but a detective or something. Hell, I don't know.

I should probably include that at some point at the very beginning of our convo he said to me "I am a police officer"

Ricky
Mon Apr 20th, 2009, 07:01 PM
exhibition of speed

I wasn't moving... Everyone was stopped.

PsychoMike
Mon Apr 20th, 2009, 08:31 PM
i know in cali reving your engine is an excibition of speed ticket.

willb003
Mon Apr 20th, 2009, 09:21 PM
yeah should have got the lis plate, oh well but good on you for standing up when the cops were wrong!

Jim_Vess
Mon Apr 20th, 2009, 09:50 PM
I wasn't moving... Everyone was stopped.

That doesn't matter - revving your engine can be interpreted as an exhibition of speed.

It happened to a friend of mine when I was in high school. He thought revving his engine would impress some girls in the car next to us (it didn't), but the cop behind us was impressed enough to give him a ticket. That happened in 1978 and the laws may be different now.

XJ600s
Mon Apr 20th, 2009, 09:53 PM
That doesn't matter - revving your engine can be interpreted as an exhibition of speed.

So if that's the case, then I shouldn't rev my engine while stopped at lights/signs on cold mornings when my bike isn't fully warmed up?

Seems to me, if that's the case, then I'd see more squids on the sides of the road being given tickets for riding all around town in first gear at 14k rpms...

Cars-R-Coffins
Mon Apr 20th, 2009, 10:06 PM
I know that anytime an officer speaks to you or has an incident he HAS to give his card or a ticket. They started doing that when girls got abducted by "fake Officers" or molested by officers. So its a safety thing.

But yeah cause you didn't get his you can't report him, but you didn't break any laws or anything.

You're misinformed. It's actually based on Whitfield v. Board of County Commissioners of Eagle County, 837 F. Supp. 338 (D. Colo. 1993).

As a quick summary... a class action suit filed on behalf of 400 individuals that asked the court to halt racially based stops by the Eagle County Sheriff's Department highway drug interdiction unit. Traffic infractions were cited as the reason for stopping the motorists, but tickets were not issued. The court ruled that investigatory stops based solely on a motorist's match with specified drug courier indicators violated the fourth amendment's prohibition against unreasonable seizures.

24-31-309. Profiling - officer identification - training. (http://www.michie.com/colorado/lpext.dll?f=FifLink&t=document-frame.htm&l=query&iid=52d813ec.5ae3c75.0.0&q=%5BGroup%20%2724-31-309%27%5D)

(4) (a) A peace officer certified pursuant to this part 3 shall provide, without being asked, his or her business card to any person whom the peace officer has detained in a traffic stop, but has not cited or arrested. The business card shall include identifying information about the peace officer including, but not limited to, the peace officer's name, division, precinct, and badge or other identification number and a telephone number that may be used, if necessary, to report any comments, positive or negative, regarding the traffic stop. The identity of the reporting person and the report of any such comments that constitutes a complaint shall initially be kept confidential by the receiving law enforcement agency, to the extent permitted by law. The receiving law enforcement agency shall be permitted to obtain some identifying information regarding the complaint to allow initial processing of the complaint. If it becomes necessary for the further processing of the complaint for the complainant to disclose his or her identity, the complainant shall do so or, at the option of the receiving law enforcement agency, the complaint may be dismissed.

Jim_Vess
Mon Apr 20th, 2009, 10:08 PM
So if that's the case, then I shouldn't rev my engine while stopped at lights/signs on cold mornings when my bike isn't fully warmed up?

Seems to me, if that's the case, then I'd see more squids on the sides of the road being given tickets for riding all around town in first gear at 14k rpms...

I said it can be interpreted that way, not that it always will be.

Most cops won't care unless you are purposely acting like a dick or they're are having a bad day. My friend had a sweet '68 GTO with glass packs and the cop was right behind us when he revved it. CSPD cops in the '70s didn't like teenaegers with loud cars.

XJ600s
Mon Apr 20th, 2009, 10:14 PM
I said it can be interpreted that way, not that it always will be.

Most cops won't care unless you are purposely acting like a dick or they're are having a bad day. My friend had a sweet '68 GTO with glass packs and the cop was right behind us when he revved it. CSPD cops in the '70s didn't like teenaegers with loud cars.

Ahh, stupid qualifiers, I always miss those.

And I guess I could see a GTO with glasspacks revved in front of an officer pissing him off.

Jim_Vess
Mon Apr 20th, 2009, 10:22 PM
And I guess I could see a GTO with glasspacks revved in front of an officer pissing him off.

Oh boy did it. I think the fact that the cop was about four feet tall with a Napoleon complex and my buddy is 6'1" didn't help either. He was looking for someone to bust and show how much of a man he was.

That cop has to be close to 70 year old now. Four feet tall and 70 - I could take him. :slap: