Advice from a cop on fighting tickets...

it is amazing to me that someone on a forum designed for professional drivers would take this position. I also am a former law enforcement officer, I worked a lot of traffic and was very proud of my DUI arrest and conviction rate. I never provided the alcohol, or told anyone to drink. This was a poor decision that the offender made on their own. The only thing I did was to hopefully keep them from hurting themselves, or someone else.

After leaving law enforcement I actually had a man approach me one day, at a convenience store, and introduce himself. He remembered the day and time that I had arrested him for DUI. He told me exactly what we had talked about, while enroute to the station and while waiting to his Breath test. He explained that he had not had any alcohol since that night. He had turned his life round. His marriage was back on track. He now had several years of steady work history, and had recently started a new job. He was driving a semi delivering gas to gas stations. He wanted to thank me and give me credit for this change. I did accept his thanks, but insisted that that the positive changes were his doing not mine. I had simply protected him from himself that one night, and gave him that "wakeup call".

An Officer making a DUI arrest should only feel guilty about ###### up someones life if the officer provided the alcohol.

 

thats great.As LEOs,it is very seldom that we get thanked for making an arrest,or for helping someone.Makes ya feel good to get the few times that it does happen.
I actually had one once,a young College student from UT in Austin.I was working for Smithville PD and was heading down the highway and here comes this Jeep in my lane of traffic.I got to the shoulder and gave chase with Red and Blues.Finally got the young lady pulled over.She had been at a party in San Marcos,Tx and thought she was on her way home in Austin.Smithville is about an hour from San Marcos and the total wrong way to Austin.I got her stopped and she was totally out of her mind.I was pretty worried for her,so I had EMS take her to the local ER.Blood test revealed she was doped up.She had to spend 12 hours in the hospital for treatment and observation.Parents arrived from Orange,Tx and i met with them.They said how she was not known to even do drugs or drink alcohol.Church worship team member and all that good stuff.Well,she got out of the ER and we booked her and once she kinda came too,I interviewed her alittle bit.After talking to her,I determined she was mostly drugged a the party.She told me there was a thuggy guy there that was hitting on her and she rejected him.So thought he probally slipped something into her Soda or whatever she was drinking as revenge.
About 2 weeks later,she shows up for court with her Mom and Dad and wants to take me and my shift partner to supper.Well,we were all about eating,so we agreed and went to Supper with them.very nice meal,very nice family.They didn't try to persuade us to drop the case or anything like that,just wanted us to know they were very thankful for what we did.Even gave us some homemade baked Chocolate chip cookies.i will never forget that girl and her family.they even sent a card to the PD,thanking us and the PD for our efforts.i think i have never met a family more happy about a loved one getting arrested for DWI,but then again,if we didn't stop her,she probally would of killed herself or someone else.
But it does make ya feel good to get a simple Thanks every once in a while.

 

on a lighter note

Never heard that one, but different states different silliness.

 

Since folks obviously cannot mind their manners, AFTER being asked nicely by staff to do so, this thread is DONE.

For future reference.... realize that luvmyhubby will ask you nicely to play nice together... I have no qualms about bashing heads together....

So if she comes in and asks nicely, and you chose to ignore her request... well, you can see what happens.

Have a nice day!

 

Your a brave soul,.........

 

The OP stated limited experience with CDL Drivers,
how is further discussion relevant to this forum dealing with current LAW and Commercial Drivers?

Aren't the media sources already clogged with " Ex-Experts "?

 

opcorn: this should be good

 

Well dear officer, I for one hate to rain on your parade, but I know several people who have beaten LIDAR tickets. I also know a very good traffic attorney who has beaten several LIDAR tickets. I watched a good friend get a LIDAR ticket thrown out in Boulder, Colo. and the officer ordered by the court to be re-trained on the use of LIDAR after making a stop while bouncing is LIDAR off his mirror (which as you point out is wrong anyhow).

I had a LIDAR ticket, with a range of 8,900 feet (which BTW at that range is nearly 5ft wide, and most LIDAR has an effective range of 9,999ft), dropped from 80 in a 55 to Defective Vehicle because I was able to prove that while I may have been speeding (I was going with the flow of traffic) there was a Dodge Ram ahead of me (in fact he was the lead vehicle in a pack of 6 vehicles) who was speeding and considering the terrain conditions of the road, and the distance from the officer to me, it was quite possible that the LIDAR was picking up the Ram and not me, since the lock on point on the RAM was 4ft higher than my car.

So please, get off your high horse, perhaps you should go and read my comments about my recent dealings with my Nephew who is a local cop, who has a similar "smug" attitude as you do. Oh and I'm trying to be nice.

Sorry, when i got mine reduced i had a crappy MVR. Again, it is possible to beat these tickets.

Oh and while your being high and mighty, maybe you should watch this video, and the several other video's related, I understand this officer will be doing hard time for 2 counts of manslaughter and will never be a cop again.
http://www.youtube.com/watch?v=DREC97JZSdo

No, but I've encountered my fair share of a-hole cops in my life.

And that is why we have the right to appeal a conviction.

Um, no, the burden of proof is to prove guilt or innocence. The burden of proof is still on you and the DA to prove that.

No, that is why you plead not guilty and seek to speak with the DA/CA and seek discovery. So let me help you out officer, if you cite me, I will plead not guilty, then I will seek discovery. In the discovery, I will ask for all maintanence records for the LIDAR/RADAR device used since it was placed inservice, I will ask to see it's certification history with the state, if RADAR I will ask to see the certification history and/or maintanence history of the tuning forks, I will also ask to see proof of your training history with the device (since most states require that you take a refresher course). If you cite me based on pacing, then we'll have even more fun, because before hand I will research state law on pacing tickets. Then I will ask for the certification history for your vehicle and speedo, I will then ask that the circumfrence of the tires on your car be measured ( I will also want to know what the circumfrence of the tires were when the speedo was certified). Oh, and I will also make sure that all this stuff is certified by a Notary. A few more things, if you cite me in a residential area, I will make it even harder on you, because I will go back and look at the street, I will look at where you were parked when you alleged to have caught me vs. where I was supposedly at when you caught me (ie; your own notes, in fact let me help you out. In 1996 I was heading NB on Quay Dr. in Arvada, Co. An Arvada officer was parked at the top of the street, on Quay Dr. beyond Chase Dr. facing SB. Quay Dr. starts in the 8100 blk and ends at 8399, with Chase Dr. being 8400, Quay is not a straight line either, it has several slight bends that are enough to prevent you when parked looking SB from seeing more than a short distance. The officer alleged on the citation that she clocked me at 45 in a 30 on a residential street in the 8200 blk. of Quay Dr. As part of my defense I did some research on the street. With the help of a friend and cellphones, my friend drove my truck NB on Quay, while I was in my Mom's Taurus (roughly the same height as a Crown Vic.) parked in the same spot where the officer was parked. We were talking to each other, as soon as I saw a partial glimpse of my truck, the point at which an officer would start to point there RADAR at me, I told him to stop and tell me what address was next to him. On his left was 8302, behind him was 8300, 8300 was the furthest So. house that could be seen from where I was parked. As part of my evidence in court I then got a City block map, which showed all the elevation changes, curves (including the degrees of change in elevation and angle), and house numbers. I also took several photo's using telephoto lenses from where the officer was parked. I then went back to the DA and sought a copy of the officers most recent eye exam. When we went to court, I was able to prove that unless the officer was a decendent of Superman she could not see the 8200 Blk. of Quay Dr.. The DA, made the allegation that location did not matter, I was still speeding. In my closing argument, I referred to the DA's comments. I pointed out that using her logic, the officer could have claimed she clocked me two street over and then inserted whatever she wanted on the ticket. The judge convicted me of the charge and then immediately dismessed all charges against me. The reason for the dismissal was that the DA knew of my defense ahead of time, she failed to do her own research, and seek to amend the ticket to show the correct location of the violation. I learned that day also to make sure that anything you seek as part of discovery is notarized as correct.) I will seek out every piece of evidence I can against you.

BTW, most Attorney's do not charge by the hour for traffic cases, they charge a flat fee, with additional charges based on how much work they have to do, not by the hour. Also, thank you for your "smugness" and sarcasm, makes you look very unprofessional.

Well, I'm glad to see you have such a high and mighty opinion of yourself and a low opinion of the public and lawyers. It's cops like you that give cops a bad name.

I hope I was polite and nice enough.