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View Full Version : Do the cops always win?



teamhypoxia
Thu Aug 13th, 2009, 08:24 PM
So I got a nice little ticket today... 8 points and $200.

I'm sure everyone says this, but I don't think I did anything wrong.

Stop reading if you don't care because I'm about to launch into a lengthy explanation.
Riding southbound on I-25, I take the exit ramp for 58th. I hear the "bloop" of a police siren (you know how they just bump it sometimes) and I turn around to see a maroon unmarked sedan. (note: no lights on top) I immediately pulled over to the left (I was in the far left turn lane).
The officer jumps out and practically runs up to my bike. He's irate. "Why don't you pull your GD bike up further so I can get my car of the road!" "First, give me your f'in license so I know you're not gonna run!" I seriously thought he was going to pull his gun on me and make me assume the position or something. This dude was pissed!

I hand him my license, and he goes back to the car as I begin to push the bike further up and off the pavement. "When I get back I want your helmet off and your insurance and registration!" he yells back at me. So I get my papers from the airbox (riding the drz) and he waves me back to the car.

"You made me look like a jackass!" he says. "I had to call dispatch back, there were six more cars on the way because I thought you were running!" At this point he obviously realizes that I never had any intentions of running and he starts to calm down a bit, but he's still plenty pissed.
"I've been trying to pull you over for miles! You might want to look behind you once in a while you know. I've had my lights and siren on since 36! The reason I was pulling you over is because you were following that car way too close!"
The only thing coming from my end is a bunch of yessir, nosir, and I apologize. (seriously... I'm plenty pissed now, but at the time I was just confused about the whole situation and his fury) I never even asked about the car he said I was following too close to, I figured my best course of action at this point was to be as polite and non-antagonistic as possible.

So, I got a ticket for "CRS 42-4-705 Failure to yield right of way to emergency vehicles" (4 points and $87) and "CRS 42-4-1008 (1) Following too closely" (4 points and $111.00) plus a DNA surcharge of $2.50 (?)

I have no idea about the car he said I was following too close. I'm sure not going to tailgate when riding my bike. If you know the area, you know there's a lot of traffic converging, merging, and exiting right there (25, 36, 76, 270, etc.) so I'm sure that at one point someone may have changed lanes right in front of me or I right behind them, but I have no recollection of any close calls or anything that concerned me at all.
The first I knew of the cop behind me, was when I was actually on the exit ramp and he bumped his siren. Clearly, he didn't have his siren on immediately prior to the "bump". I was wearing a helmet, but I've always been able to hear sirens, horns, screetching tires, and all the other noises you hear when riding, so I seriously doubt his claim of having "lights and sirens going for miles". Also, it's not that great a distance between highway 36 and 58th Ave. with few opportunities to pull over due to exit and entrance ramps.

The Adams county sheriff warned me that if I chose to take it to court, he would definitely be there.

So I think the ticket is BS (doesn't everyone), but I'm wondering if it's worth fighting or not. The burden of proof is on the prosecution, but I think typically the word of the officer is looked at as "proof" by the courts? So, I pay within 20 days and half the points drop off, or I fight it and risk what?

I did call the Adams county sheriff's dispatch to see if they recorded radio traffic and if it was public record. They said they did and it was, but that it would cost $50 for an audio CD and $25 for a written transcription. It's his claim that "I had to call dispatch back, there were six more cars on the way because I thought you were running!" and "You made me look like a jackass!" that made me curious about the radio recordings.

Thoughts?

whitebrad
Thu Aug 13th, 2009, 08:34 PM
judging by my losing record in fighting my tickets... don't even listen to me...

i recently tried one, where i was trying to get out of being boxed in northbound on the same stretch of road... the reply was, "it's good you are a safe driver, but that'll be..."

this is after a detailed explanation of why i accelerated out and away from the situation to a lane to my right and etc...

"good that you were safe, but you shouldn't have to speed to do it."

i don't know what to tell you, but if you do fight it, be prepared for the most illogic decision and nonsense you will ever want to fck with...

Jason ON
Thu Aug 13th, 2009, 08:34 PM
He could be the dirtiest cop on the street but the courts will still take his word over yours (didn't we fight a revolution to prevent stuff like this?). I'd take it to court myself. Worse case scenario you're in the same boat you're in now plus court costs. Best case... he doesn't show. Personally I don't believe in the pay to play the system relies upon (that is, I don't like the "pay in 20 days and we drop the charge to something manageable"). That whole thing pisses me off. I took a parking ticket to court once, had the DA, judge, clerk and two cops pulled off duty to testify against me. Total civic employee man-hours -- 7. Even at an average of $30/hr, I came out ahead. :D

willb003
Thu Aug 13th, 2009, 10:07 PM
Fight it.

RUMotarded
Thu Aug 13th, 2009, 10:16 PM
Unfortunately if the officer has a good rapport with court officials and has worked traffic for a decent amount of time, your comments/explanations will fall on deaf ears. Hope it works out!

Airborne Helly
Thu Aug 13th, 2009, 10:24 PM
Since they just moving violations u should be going to municiple court of whatever city u where in right? Regardless, if u choose to fight it u should still get anchance to see the city or district attorney, depending on if it's muni or county court, and they should let u know what evidence they have against u that they will present. The plea bargin should still be on the table and available so judging by the strength of the evidence u can decide wether or not to take the plea at that point. U shouldn't be charged court costs unless u actually see the judge. If u do decide to fight it u can also request trial by jury which will incure additional costs if u lose but will prolly give u a better chance than just a judge. Unfortunatly u would have to defend yourself or pay for a lawyer as a court appointed attorney is only offered if the sentence carries the possibilty of up to a yr or more in jail. Good luck!

FZRguy
Thu Aug 13th, 2009, 10:35 PM
Don’t ever just send it in. Show up at the court date, talk to the DA, take the plea bargain. I got a 4 pt $155 “revenue ticket” reduced to 2 pt and $72.50 just by showing up.

Mental
Thu Aug 13th, 2009, 11:15 PM
If you really want to fight this seriously, you're gonna have to hire a lawyer. I would ask for the dash cam to prove the following to close and the following for 6 miles, but if you do it on your own, you'll lose.

Tipys
Thu Aug 13th, 2009, 11:30 PM
Go to court talk with the DA. Depending on your driving record you. If you have a fairly good one (look at the last 2years) it should get a better plea bargin and hopefully some of the charges dropped. OR the cop doesn't show up. With him saying he was going to was trying to scare you into not taking it to court.

RUMotarded
Fri Aug 14th, 2009, 08:40 AM
Good advice above, always go to court. At the very least, the officer may not be able to make it in which case the tickets will be thrown out.....I've never seen a continuance for a simple traffic ticket

Matt
Fri Aug 14th, 2009, 09:15 AM
Definitely fight the bigger tickets (like you got) with a lawyer.

Smaller tickets far from home... just mail in the fine. Driving 400 miles to contest a 2 point speeding ticket isn't worth it.

If you find a good agent and keep the same insurance for years, they don't care if you get an occasional ticket. They know the cops are out there generating revenue. I've had the same agent for almost 20 years now. My last ticket (Careless in Gilpin County in 2004) didn't change my rates.

SLVRSURFR
Fri Aug 14th, 2009, 09:22 AM
If you really want to fight this seriously, you're gonna have to hire a lawyer. I would ask for the dash cam to prove the following to close and the following for 6 miles, but if you do it on your own, you'll lose.

I agree with this totally.. A lawyer, even a public defender is better than rollin' into the courtroom solo. But yes.. Cops MOSTLY win in these cases. Believe that

Ricky
Fri Aug 14th, 2009, 09:29 AM
Defer the court date as many times as you can, then take it to court. By that time, the cop won't even remember who you are. My cousin is a lawyer, and he's told me this is one of the best tactics to get out of a ticket.