Can the police do this? - Page 2 - GoFuckYourself.com

mikeyddddd · 08-03-2006, 06:27 AM

You know what

sickkittens · 08-03-2006, 07:45 AM

You worry too much about your friends.

HpicAnn · 08-03-2006, 08:15 AM

I`m not sure, but I think they can do that!

DEA - banned for life · 08-03-2006, 08:16 AM

your "friend" is an asshole

SxDx · 08-03-2006, 09:02 AM

police can do whatever they want. they live above the law. ridiculous

RayVega · 08-03-2006, 11:22 AM

Ok, since I am the only (or one of the only few) people on this board who has spent several years as a sworn law enforcement officer with the NYPD, I can tell you exactly what happened. I'm going to base this on NY law, but I bet it is very similar where you are.

To give a Ticket for a violation (red light, stop sign, speeding up 20 mi over) a cop can never leave your line of sight. In other words he cannot see you run a red light, lose you but see you later and give you a ticket. He must be in visible pursuit until he stops you for a violation. Of course cops often stretch the truth on the report about this...

However, this officer just articulated that your driving was reckless, bumping it from a violation to a midermeaner charge. Whith a reckless driving (Misdemeanor) charge a cop can engage in an investigation to find you (ex: going back to the restaurant, running you plate,or name from the receipt etc. to get an address) make a visual determination once he finds your house, that it was your car and issue a DAT (Desk Appearance ticket) which is not the same as a speeding ticket, it is a summons to appear in "criminal" court in lieu of arrest rather than traffic court like a speeding ticket. He can do that based on his (or a credible) witness' testimony meaning he literally does not have to see it, a "good solid" witness is enough.

Now the DA can get this info and immediately knock it down to a violation speading and send that to you in the mail which would explain getting it in the mail if it is considered a violation (and not a "criminal, misd) where you live. Since the investigation was done in finding you under the pretense of a misdermeanor it is ok that you left his line of sight since up until the point you where charged with it, it was going to be a Misd. in the Officers investigation. in this case he used Good faith in his attempt to get the summons to you and it will stand in court if he testifies.

You friends defense is to inject doubt in the judges eyes that the officers witness of the incident is credible. He needs to talk about it being far away from the officer, that there was sand on the road causing him to "peal out", that there were no intersections nearby and that he was never out of control of the car. In otherwords make it seem that from the cops point of view it may have looked like he did something dangerous, but he only slipped on some sand and never broke the speed limit, the sand blown up must have blocked out the lights of the cop car... That doubt will most likely get it thrown out. Of course past driving history will either help or hurt him.

Good luck to him

jigg · 08-03-2006, 11:26 AM

How about pay a lawyer and get an advice based on the state law?

RayVega · 08-03-2006, 11:41 AM

Quote:

Originally Posted by jigg

How about pay a lawyer and get an advice based on the state law?

Well, this is the clear answer...but most people are waaaaay to smart for this. In this case i'd highly recommend it because a Misdemeanor can land you up to 1 yr in jail so it is a good idea. problem is you are probably going to drop a few grand on a lawyer , that sucks, but jail sucks more.

StuartD · 08-03-2006, 11:43 AM

Quote:

Originally Posted by BigDeanEvans

how can you identify someone thats driving by you at 40-50 mph on a dark road at 1 am?

Well they did, didn't they?

spazlabz · 08-03-2006, 11:47 AM

would have cost him a lot less if he'd have just pulled over... unless he was drunk.. if thats the case the fuck the fucking fucker he deserves much worse

spaz

ChefJeff · 08-03-2006, 01:25 PM

The police can do anything they want, Who's gonna stop them?

Mr. Romance · 08-03-2006, 01:51 PM

looks like he is fucked...

Mr. Romance

08-03-2006, 06:27 AM	#51
mikeyddddd Viva la vulva! Join Date: Mar 2003 Location: you can't please everyone, so you got to please yourself Posts: 16,557	You know what __________________ AdultStarProfits AmbyaCash AnilosCash AzianiGold ColdHardCash FlashTheMoney IdolBucks MediumPimpin NSCash Nubiles PussyCash ScoreCash Sextronix SpunkyCash TubeTitans Twistys

08-03-2006, 07:45 AM	#52
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08-03-2006, 08:15 AM	#53
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08-03-2006, 09:02 AM	#55
SxDx Confirmed User Join Date: Mar 2006 Location: SoFla Posts: 2,254	police can do whatever they want. they live above the law. ridiculous __________________ Hundies.com - $35/Trial Signup - All Exclusive!! scott (at) dnav.com (dot) com ICQ: 242-444-884

08-03-2006, 11:22 AM	#56
RayVega Confirmed User Industry Role: Join Date: Jul 2004 Location: New York ICQ#348007554 Posts: 4,212	Ok, since I am the only (or one of the only few) people on this board who has spent several years as a sworn law enforcement officer with the NYPD, I can tell you exactly what happened. I'm going to base this on NY law, but I bet it is very similar where you are. To give a Ticket for a violation (red light, stop sign, speeding up 20 mi over) a cop can never leave your line of sight. In other words he cannot see you run a red light, lose you but see you later and give you a ticket. He must be in visible pursuit until he stops you for a violation. Of course cops often stretch the truth on the report about this... However, this officer just articulated that your driving was reckless, bumping it from a violation to a midermeaner charge. Whith a reckless driving (Misdemeanor) charge a cop can engage in an investigation to find you (ex: going back to the restaurant, running you plate,or name from the receipt etc. to get an address) make a visual determination once he finds your house, that it was your car and issue a DAT (Desk Appearance ticket) which is not the same as a speeding ticket, it is a summons to appear in "criminal" court in lieu of arrest rather than traffic court like a speeding ticket. He can do that based on his (or a credible) witness' testimony meaning he literally does not have to see it, a "good solid" witness is enough. Now the DA can get this info and immediately knock it down to a violation speading and send that to you in the mail which would explain getting it in the mail if it is considered a violation (and not a "criminal, misd) where you live. Since the investigation was done in finding you under the pretense of a misdermeanor it is ok that you left his line of sight since up until the point you where charged with it, it was going to be a Misd. in the Officers investigation. in this case he used Good faith in his attempt to get the summons to you and it will stand in court if he testifies. You friends defense is to inject doubt in the judges eyes that the officers witness of the incident is credible. He needs to talk about it being far away from the officer, that there was sand on the road causing him to "peal out", that there were no intersections nearby and that he was never out of control of the car. In otherwords make it seem that from the cops point of view it may have looked like he did something dangerous, but he only slipped on some sand and never broke the speed limit, the sand blown up must have blocked out the lights of the cop car... That doubt will most likely get it thrown out. Of course past driving history will either help or hurt him. Good luck to him __________________ Ray "The Don" Vega Managing Director Private Equity Fund [email protected] Last edited by RayVega; 08-03-2006 at 11:23 AM..

08-03-2006, 08:16 AM	#54
DEA - banned for life V.I.P. Join Date: Nov 2004 Location: InYour Head Posts: 7,886	your "friend" is an asshole

08-03-2006, 11:26 AM	#57
jigg Confirmed User Join Date: Feb 2002 Posts: 2,527	How about pay a lawyer and get an advice based on the state law? __________________ ...... eight,eight,two,eight,eight,four,two ......

08-03-2006, 11:47 AM	#60
spazlabz Confirmed User Industry Role: Join Date: Jul 2003 Location: Kentucky Posts: 6,548	would have cost him a lot less if he'd have just pulled over... unless he was drunk.. if thats the case the fuck the fucking fucker he deserves much worse spaz

08-03-2006, 01:25 PM	#61
ChefJeff Confirmed User Join Date: Apr 2003 Location: Arizona Posts: 1,499	The police can do anything they want, Who's gonna stop them?

08-03-2006, 01:51 PM	#62
Mr. Romance The Face of Romance and the Symbol of Freedom Join Date: Mar 2005 Location: The America's Posts: 7,821	looks like he is fucked... Mr. Romance __________________ Free Leads Program now paying up to $6 Gerard-Director of Global Sales Sign up Here: CamStarCash Check out: FreeCamStars ICQ: 330 662 299 gerard at freecamstars . com