Cadillac Owners Forum banner

1 - 20 of 171 Posts

·
Registered
98' Eldorado ESC
Joined
·
740 Posts
Discussion Starter #1
In court what can they say, if the defendant pleads something that was the real story and the cop gives a fake story, what will happen. And this is is about a traffic stop. Not a criminal case.
 

·
Registered
86 Bronco, 74 Ford LTD,1999 Deville, 1977 Coupe Deville
Joined
·
305 Posts
Re: Can Cops Lie

Yes, they can and will say whatever they want and the judge will take their word 100% of the time.
Just the way it is. Life is not fair...............
 

·
Premium Member
2006 STS V8 AWD, '95 Ford Ranger
Joined
·
28,963 Posts
Re: Can Cops Lie

Different people can see and remember the same event in vastly different ways. Both are convinced of their own truthfulness and the other is a lier. That's why there are courts to sort it out.
 

·
Registered
1980 Eldorado, 1974 Talisman, 2004 Volvo C70, 1975 Fleetwood 'd Elegance
Joined
·
7,958 Posts
Re: Can Cops Lie

My dad and I both had situations where cops lied about the circumstances of a ticket decades apart.

We both prevailed and the officer was dismissed from the force due to it.

It is not impossible to win, just extremely hard.
In both cases the officer was not very bright, and the respective Police Departments knew it and were glad for the excuse.
In my case, they contacted me!
After an interview with me and my GF they dropped the charges (Striking the officer with a motor vehicle! Yikes!)
He had told me to move my van from a no stopping area, then put his shoulder into my my side mirror as I did...:suspect:

In my dad's case he went to court and his atty showed the man to be almost illiterate by asking him to write the ticket again in court. It took him almost 10 minutes, and the case was about speeding in a school zone. Between that and a witness who was a well respected business man who testified to the time my dad left his business 1 block from the school, and a time stamped shipment at the Post Office after, they proved school was not let out when the ticket would have been issued.

Lots of homework, a little luck and it can be done.

Good luck!
 

·
Registered
98' Eldorado ESC
Joined
·
740 Posts
Apparently I ran a red light going 65 in a 35 ( it's actually a 40 zone I checked). Funny thing was how would a 1997 328 with 180ish hp accelerate " 30 mph"in 2 seconds. NO RADAR NO LASER. I also had 3 bigger guys in the car, I had 750 pound in the car and I've never heard of a 180hp car doing 35-65 in less than 3 seconds. Complete bullcrap. He pulled me over for running the red. which I have witnesses that saw the light. The convertible top was down and I remember looking up after I was in the intersection being yellow. He was a huge jerk about it and I didn't argue. He brings the red light ticket at first, one of the passengers politely said I saw the yellow light when we passed it. He grabs the ticket out of my hand as in signing it and adds the speeding ticket on it. I was so pissed. I'm getting a lawyer forsure so I will not get any points. My dad has taught me to take consequences for what you did wrong, but in this case IT WAS not my fault. I will be digging around to see if there was a camera that saw the whole thing. 2 points for a 17 year old is NOT good, and please no lecturing on my age and how I had people in the car.
 

·
Registered
Gone; ‘09 V, ‘13 V coupe. Curr; ‘14 PG Vsport prem w/Kona interior
Joined
·
6,177 Posts
30 miles per hour over the posted speed limit (65 mph in a 35 mph zone) would be a first degree misdemeanor in many states. In VA it could get you more points, fines, AND jail time.

You definitely need to get your ducks in a row before going to court. You/your parents may want to consult with an attorney.

Unfortunately your friends, by virtue of their relationship to you, will probably not be accepted as credible witnesses by the court, and a nearby video camera will likely be useless unless it somehow measures mph of passing vehicles.

There may be a way to challenge the cop's speeding assertion by questioning his method of determining your speed (radar/his own vehicles speedo current calibration certification). There may even be other witnesses who saw your car in the intersection when the light was still yellow.
 

·
Registered
1992 Fleetwood S&S Hearse, 1993 Buick Roadmaster
Joined
·
567 Posts
Re: Can Cops Lie

I got a ticket once that said I was speeding, though there was no specific speed on the ticket, and it said something about how they weren't able to radar me. That was almost 20 years ago in Kentucky, and they had a pretty forgiving system in which traffic school made most tickets go away. The fact is, I WAS speeding. If they had clocked me, I would have gone to jail. I was young and driving recklessly, and I used the opportunity to see just how easily I could have lost my freedom. It's a mixed lesson. I got away scot-free, but I learned from it, and the cop wrote me a ticket with no quoted overage and it held up in court. Tells me, though, that if they wanted to make it up, they could have and gotten away with it I guess.
 

·
Registered
NONE
Joined
·
1,423 Posts
Re: Can Cops Lie

I know someone who was pulled over and ticketed for not wearing a seat belt. She was and when the cop insisted she buckled up after he stopped her, he gave her another ticket for arguing with him and all she did was say; but I was. She went to court to fight it and lost. Got a lecture about not wearing seat belts. To this day she insists she was wearing her seat belt.
 

·
Super Moderator
White Diamond '03 DHS (with DTS floor shift)
Joined
·
86,785 Posts
Re: Can Cops Lie

In traffic court you are guilty until proven innocent and the burden of proof is on you.
 

·
Registered
ZIP
Joined
·
51,864 Posts
Dear goodness, you all are going about it all wrong.

No matter what type of court, you have a prosecution and a defense.

In traffic court, the prosecution has no pre-knowledge about the case. They've done no prep, no digging. It's the officer and you. That's your advantage.

You don't volunteer any testimony of your own. The cop lied? He made up things? His testimony has to look sound. Your much better knowledge of the events help you vastly. Take advantage of it!

Shape questions to make him contradict himself. Ask questions about everything. Punch holes in his testimony. It's very easy to do.

motorists.org

I've used their information for years to learn how best to defend myself properly. I'm constantly amazed at how many people want an easy way out. You're 17. Learn this now and hone your skills over time. And stop listening to those who say to just pay it or go to traffic school or get a traffic lawyer. You know the circumstances best. Unless you're hiring an attorney for months of prep work and a long trial, just any traffic attorney will do less than what you can do for yourself...

----------

And, yes, cops lie. Unfortunately, I've been in the wrong end of that more than once. The first time, I was 19. It was 3AM and I was with a coupe friends in NH, driving home to MA.

I saw a State Trooper had someone pulled over. It was 65mph and I set the cruise for 63. After he finished his stop,I saw him turn his lights off and come flying up behind me. Rode my tail for 2-3 miles. Stopped me for doing 85 in a 65. Supposedly clocked me.

I went to court, my word against his. Only halved my ticket. It was then I swore never again. It's when I learned of the National Motorists Association.

In the 22 years since, I've gone to court a handful of times. Only had one failed attempt. And, to be honest, I cut up the officer's testimony. He insisted there was signage of the speed limit properly posted. When I showed him there were two signs not posted at a proper height and not on the right side, I asked him again. He wouldn't answer. The judge demanded that he answer my question. My huge mistake was that I didn't ask for dismissal. Lesson learned.

But for 25 years and a fair number of tickets, I've only had that first one in NH and two others go on my record. And that's with about 1.6 million miles of driving under my belt...
 

·
Registered
98' Eldorado ESC
Joined
·
740 Posts
Discussion Starter #12
I'm preparing on a timed experiment on how I couldn't have hit 65 from 35 In less than 3 seconds and to the fact I am digging around on the timer for the yellow light.

----------

Also I can call up my 3 buddies that are all honor students in school, never been in any trouble and one of them is enlisting in the navy after school ends. Also I can question the cop for taking the ticket back and adding the seeding violation after he already gave the ticket for only the red light violation.
 

·
Registered
Gone; ‘09 V, ‘13 V coupe. Curr; ‘14 PG Vsport prem w/Kona interior
Joined
·
6,177 Posts
And stop listening to those who say to just pay it or go to traffic school or get a traffic lawyer. You know the circumstances best. Unless you're hiring an attorney for months of prep work and a long trial, just any traffic attorney will do less than what you can do for yourself...
With due respect to your automotive knowledge and experience, I disagree with telling a relatively inexperienced 17 year old driver to go it alone on a potentially costly speeding case.

The expense of (at least) consulting with a good traffic lawyer could easily be recouped in reduced fines, and savings in insurance rates that would surely skyrocket with a guilty verdict.

----------

I'm preparing on a timed experiment on how I couldn't have hit 65 from 35 In less than 3 seconds and to the fact I am digging around on the timer for the yellow light.
What does going from 35 mph to 65 mph in less than 3 seconds have to do with the speeding ticket you received? The speed you were traveling in the zone you were in at the time is the issue, not how fast you were going 3 seconds earlier.
And the length of the yellow light isn't relevant either. Only whether it was still yellow when you entered the intersection.

----------

Also I can call up my 3 buddies that are all honor students in school, never been in any trouble and one of them is enlisting in the navy after school ends.
While it is laudable that your 3 buddies are all honor roll students, they are still your "buddies", and the judge is likely to question the veracity of their testimony.

Have you spoken with your parents about this yet, and if so, what did they say?
 

·
Registered
2011 CTS Sport Sedan AWD
Joined
·
36 Posts
thebigjimsho said:
Dear goodness, you all are going about it all wrong. No matter what type of court, you have a prosecution and a defense. In traffic court, the prosecution has no pre-knowledge about the case. They've done no prep, no digging. It's the officer and you. That's your advantage. You don't volunteer any testimony of your own. The cop lied? He made up things? His testimony has to look sound. Your much better knowledge of the events help you vastly. Take advantage of it! Shape questions to make him contradict himself. Ask questions about everything. Punch holes in his testimony. It's very easy to do. motorists.org I've used their information for years to learn how best to defend myself properly. I'm constantly amazed at how many people want an easy way out. You're 17. Learn this now and hone your skills over time. And stop listening to those who say to just pay it or go to traffic school or get a traffic lawyer. You know the circumstances best. Unless you're hiring an attorney for months of prep work and a long trial, just any traffic attorney will do less than what you can do for yourself...
---------- And, yes, cops lie. Unfortunately, I've been in the wrong end of that more than once. The first time, I was 19. It was 3AM and I was with a coupe friends in NH, driving home to MA. I saw a State Trooper had someone pulled over. It was 65mph and I set the cruise for 63. After he finished his stop,I saw him turn his lights off and come flying up behind me. Rode my tail for 2-3 miles. Stopped me for doing 85 in a 65. Supposedly clocked me. I went to court, my word against his. Only halved my ticket. It was then I swore never again. It's when I learned of the National Motorists Association. In the 22 years since, I've gone to court a handful of times. Only had one failed attempt. And, to be honest, I cut up the officer's testimony. He insisted there was signage of the speed limit properly posted. When I showed him there were two signs not posted at a proper height and not on the right side, I asked him again. He wouldn't answer. The judge demanded that he answer my question. My huge mistake was that I didn't ask for dismissal. Lesson learned. But for 25 years and a fair number of tickets, I've only had that first one in NH and two others go on my record. And that's with about 1.6 million miles of driving under my belt...
 

·
Registered
98' Eldorado ESC
Joined
·
740 Posts
Discussion Starter #16
Without radar or laser I'm pretty sure that will get thrown out, also that he added it onto the ticket once I told him I was gonna go to court. The red light thing I'm still stumped on how I can just confuse the cop so I can get the real story.

----------

The lawyer just got back to me, going to see him tomorrow to see what my options are. His success rate is 96% so hopefully I'm one of those. Once I said no radar no laser, he's like even better we'll get it taken care of.
 

·
Registered
chevy 350 powered 86 FWB, 00 safari h.t. 66 toro, 83 lesabre
Joined
·
6,397 Posts
Pay the lawyer and get it reduced. I've p it up on here about a cop (Maplewood, which Jesda knows all about) who pulled me over in st. Louis, wrote me a ticket several blocks away in Maplewood on trumped up charges. Paid the lawyer 80 and had to pay the city 70. No points or anything. (my lawyer said Maplewood was notorious for trumped up tickets and even with no officer testimony or evidence (he said it was common to not have dash cam or radar), the judge would side with the cop)
 

·
Registered
98' Eldorado ESC
Joined
·
740 Posts
Discussion Starter #18
I looked at the fines and it comes near 1000$ with 2 points if I'm guilty, lawyer said 100$ each but I doubt hell do the red light for 100$
 

·
Registered
Gone; ‘09 V, ‘13 V coupe. Curr; ‘14 PG Vsport prem w/Kona interior
Joined
·
6,177 Posts
I looked at the fines and it comes near 1000$ with 2 points if I'm guilty, lawyer said 100$ each but I doubt hell do the red light for 100$
The court cost and fine will cost you less in the long run than the increased insurance rates.
 

·
Registered
ZIP
Joined
·
51,864 Posts
With due respect to your automotive knowledge and experience, I disagree with telling a relatively inexperienced 17 year old driver to go it alone on a potentially costly speeding case.

The expense of (at least) consulting with a good traffic lawyer could easily be recouped in reduced fines, and savings in insurance rates that would surely skyrocket with a guilty verdict.

----------
Unbelievable. Sure. He's 17 but that means he's been in school for how many years? I was 19 when I started educating myself and since I'm the one, when stopped, who knows the situation best with the most detail, I'm the best option in court.

The amount of knowledge and know how at anyone's fingertips is staggering. Use it. But you don't, you just give short term, flawed advice.
 
1 - 20 of 171 Posts
Top