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On friday 2 hrs before shabbos I was pulled over in flatbush by a cop. The cop stated that I was talking on the cell phone and Not wearing a seat belt. THE PROBLEM is that I wasn’t on the phone and I was wearing a seat belt. (I have been pulled oved bef Yes for doing things wrong on the road I’m not perfect. However I feel violated as I really wasa being accused for something I didn’t do.
The cop issued a ticket just for the cell phone, I asked if you really know that I was guilty of both why not ticket me for both?, the cop just walked away. Any suggestion as what to do, I really feel violated as if there is nothing I can do. I will get a copy of the phone record and bring to court but that all depends if the judge will even lend an ear. Any suggestion?
The judges are corrupt and in the cops pocket. Its an automatic win for the cop, especially without a lawyer who can bribe the cop.
constantly delay the trial and the cop won’t show, you are off the hook
Get your cell phone records from your provider. You can then show that you were not on your cell phone a few minutes before or at the time that the ticket was issued.
CA: You can only delay it once for no reason (by phone or online) and only once more by going to a court, giving a judge an excuse, plus posting bond. (You can wait till a few days before the court date to request the postponment and hope the cop will postpone first so it doesn’t count as your postponement. It happens frequently and usually a week or two before the date.)
If the cop doesn’t show up on the appointed date and you do, the judges (in NYC) just force you to come back on another date. They dont automatically rule in your favor.
awwww, that stinks
but anyway I was saying to make up reasons like going to be out of town and tickets were already purchased
also isn’t there a part of the rule that he has to remember the whole case without his notes?
File a Section 1983 claim. At least it’ll annoy him and end up on his record that he had a claim filed, even if you don’t survive summary judgment.
But I think you would survive summary judgment since you are the witness, and if he did what you say he is liable, so it would need to go to a jury.
Just do it yourself so you don’t have to pay a lawyer, because you probably won’t win.
“I’m not perfect” there is a difference between not being perfect and being a person who consistently flouts the laws of the land.
I had the same incident. I saw a cop behind me following me, after a minute he pulls me over. He come to the window and asks for licsecne and reg., and also asks me – Do you know why I pullled you over? (I new I did nothing wrong). I answered him – NO, maybe you want to tell me. So he tells me, well you were talking on your cellphone (which I was not). So I told him, Officer – NO I WAS NOT! Now the best part was when he tells me don’t lie to me, I saw you talking on it! Anyways after arguing back and forth, there was some noises on his radio which had nothing to do with him, and out of him feeling stupid he say, well I gotta go they are calling me… There is a no win situation with these police.
If the cop doesn’t show up on the appointed date and you do, the judges (in NYC) just force you to come back on another date.
I don’t know know the law, but when the cop didn’t show for my hearing, the judge dismissed it.
Also, check this out:
DY: Was that in one of the five boroughs?
Yes
i have been to traffic court too mant times,and have a few pieces of advice.first of all in brooklyn traffic court you can get a nice judge who will push it off twice without posting bond.also hoping the cop wont show up is a shot in the dark bec they get overtime and often show up on off-days.now unless you can really show the judge why the cop is wrong, they will always believe the officer over you.and in staten island YOU HAVE NO CHANCE even with a lawyer.only two judges and they are both pro cop.most lawyers wont walk in there.queens and the bronx used to be easier to win but now with the ticket fixing scandel,prob every cop will remember all details and show
popa_bar_abba
File a Section 1983 claim. At least it’ll annoy him and end up on his record that he had a claim filed, even if you don’t survive summary judgment.
But I think you would survive summary judgment since you are the witness, and if he did what you say he is liable, so it would need to go to a jury.
I am sure relaxation must have many questions about this advice but since he or she probably was too busy to post them, I’ll try and help:
1. What is “section 1983?” And section 1983 of what, by the way?
2. What is a “section 1983 claim?”
3. Where do you file a “section 1983 claim?
4. How do you file a “section 1983 claim?”
5. Is there a fee to file such a “claim?”
6. What is “summary judgment?”
7. What does “if you don’t survive summary judgment” mean? Seems quite scary. Is this anything like “if you don’t survive cancer?”
POPA,
section 1983 can be exercised if you have your right to phone access denied(http://www.jailhouselaw.org/Chp2_Final.pdf), but I assume that is not what you are talking about. Which law is violated by a police man lying?
The only one I can come up with is depriving you of property(by making you pay a false claim), but thats in the declaration of independence, not the constitution.
Is this what you mean by Section 1983?
Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer’s judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.
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