2 cars pulled over on I-29???
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well Almer and i are plannin on taking it to court and see what happens.
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Wouldn't this scenario take both the Off-duty cop & On-Duty cop to show up, or else otherwise it would be thrown out? I would figure both would need to be present, and on another note; I was going to doubt the idea that the cop got the name of the off-duty cop, what do you think Freitag?? In other words, you could have a good chance.. Since it would be the on-duty cop putting in the ticket, and since he was only going off of a witness with a verbal description of what your doing, you probably have a good fighting chance.
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take it to court...an off duty cop cant do anything to you if he isnt on duty.
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PSiedTSi wrote:
Yes he can. Just like any citizen can do....and the judge will believe him.
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PSiedTSi wrote:
Yes he can. Just like any citizen can do.yes they can turn you in....take it to court...even if they show up...theres no proof..word of mouth...doesnt fly in court..
I've been to court numerous times and never lost....but argue w/ me if you want:)
1 example...i was turned in for running a stop sign, got a ticket in the mail like 3 months after it hpapened took it to court, took pics of the stop sign and how its placed on the street....brought them to court, guy who turned me in showed up with a laywer, and he said i seen him run the stop sign...but didnt know the time or date it happened....And i won...so yes they can turn you in...but theres a slim chance your actually gonna lose.
but in frietags case...he already has a bad driving record so he probably is screwed.
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And, in this particular instance, both the Off-Duty & On-duty cop would pretty much need to show up. The On-duty cop wouldn't be able to use the off-duty's cops input if he's not there to testify as a witness. The likelihood that both cops would show up is less likely than just the one cop (obvious statement.) I had a court issue that was thrown out; due to the fact the cop didn't show up... The pre-trial, they don't have too.. I also know that some people have (only on certain issues) plead not-guilty and returned later to plead guilty for instance of point issues only to defer the points from their record to keep their license..
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97slowgsx wrote:
yes they can turn you in....take it to court...even if they show up...theres no proof..word of mouth...doesnt fly in court..I've been to court numerous times and never lost....but argue w/ me if you want:)
1 example...i was turned in for running a stop sign, got a ticket in the mail like 3 months after it hpapened took it to court, took pics of the stop sign and how its placed on the street....brought them to court, guy who turned me in showed up with a laywer, and he said i seen him run the stop sign...but didnt know the time or date it happened....And i won...so yes they can turn you in...but theres a slim chance your actually gonna lose.
but in frietags case...he already has a bad driving record so he probably is screwed.
I also have been to court for a ticket or two. I'm not denying the fact he can't get off, because I know he can, I've seen it first hand. The reason why you won is because there were no details. I would bet an off-duty cop would pay more attention to that than most average citizens. I would take it to court too, especially since there was no recorded speed and the cop never actually witnessed it. I was just stating that it is completely legal to do what he did, etc.
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yes, i shouldve said, "an off duty cop cant Prove anytihng if he isnt on duty"....he can but its alot harder...
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This is just from experience, except for #1 thats fact.
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<u>anyone</u> can <u>get a cop</u> to cite (as in short for citation) anyonefor anything. In this case the off duty cop would have to have the on duty cop cite you for the speed/weaving etc.
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Since the on duty cop wrote you a ticket for careless driving and did not cite you for the other shit, that is all you are facing. which means the on duty cop has to prove you were in fact driving carelessly.
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If the court asks the on duty cop why you were pulled over, he has only what he saw, which is the time from when he saw you to when he waved you over. Then the state prosecuter can call the off duty cop as a witness to testify to your actions. Neither cop tagged you on radar or has anything in the way of physical proof at this point, so the prosecuter will bring up your past driving record.
From what i hear, this is where your're screwed. If you had a good record you'd get the "if you get another within XX months then they wil both go on you record" since you don't....
Your best hope is to take it to court, get a court appointed defender, make sure both of your (you and your friend) stories are the same, and hope the on duty cop doesn't know the name of the off duty cop to call as a witness. If he can't call the off duty cop to the stand + no physical evidence (cop-camera/radar) a decent public defender can probably talk the charges down to something involving less point's or something that can be resolved through community service, if they can't just get it thrown out.
Anyway thats my take on best and worse case scenarios
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I would of thought this; if the Off-duty cop were not to show up, than the court couldn't do anything for the simple fact that the witness of the crime doesn't show up; proof of the crime being committed can not be proved.. I would of thought that a past driving record would not be a sufficient reason to decifer whether or not the crime happened, since that would be somewhat in my opinion againsts a persons rights.. but who knows, if I was you; I'd take it to court, you have a real positive outlook.. that's all I think
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A853 wrote:
I would of thought that a past driving record would not be a sufficient reason to decifer whether or not the crime happened, since that would be somewhat in my opinion againsts a persons rights..and then you remembered that the courts system here don't really follow due process...
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uh fuckin cop threads are boring. we all know youll lose in court over the cops word.
lets just use this thread to laugh at freitag and his ability to go a month without getting pulled over
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^^^ ok....ahhhahahhahahahhahahahhahahahah... (breath) ahahaahahahahaaha
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