i live in a veeery small town in oklahoma. we do not have a police station just always had a out of town cop every once in a while in town.. but recently we got this 24 year old thinks hes billy badass cause he has a gun cop in town now. almost every time he see's me driving he pulls me over, makes me get out of my car, searches it and gives me sobriety test. i guess its because im 20? but like usuall he never finds anything. but this last time he said i failed all 4 soberity test and he could take me to jail, but i was 100% sober! shouldnt this be against the law for him to do this? he never has cause to search my car because its always spot clean inside and out and i dont smoke so he cant say he smelled a funny smell. i have court tomorrow and i was just woundering if anybody has any input on what i should say in court?
well this last time i didnt let him but in return he wrote me a reckless driving ticket for taking a turn "too fast".
thats the reason im going to court tomorrow is to try and get the ticket droped. but i wanted to bring up and figure out why he is always wanting to search me and my car.
he kinda reminds me of this a$$hole cop lol
Edited 1 time(s). Last edited Saturday, February 04, 2012 3:16 PM
Moderator Edit: Fixed video in post above.
Edited 1 time(s). Last edited Saturday, February 04, 2012 3:16 PM
get a GOPRO hero and always drive with on.
This would be classified as harassment and you can prosecute him for it.
I would tell the complete truth, make yourself notes to take to court including dates pulled over, what transpired, etc... Get as many details as possible...the more details the better, if you come prepared likely the judge will rule in your favor and more likely if you can prove his harassment, you could get him fired or at least reprimanded.
Just make sure you have your ducks in a row. The video idea is a good idea too. If you can document it on film... its much better...I would do it and let him search the vehicle from now on with a camera in it so you don't have to deal with all the tickets.
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at least in IL, you have to let the parties know you are recording them.
Good point Vince.... I would check into it or just be on the safe side... let him know he is being recorded... if you tell him he is being recorded he may stop harassing you altogether.
Buildin' n' Boostin for 08' - Alex Richards
i just want the damn reckless ticked droped. its 265 dollars plus like three points on my record. im going to be extremly pissed if i get stuck with it. ill let you guys know tommorow what the jusge has to say
be profesional. id call the police station and see if you can get a history report. if he pulls you over it should be documented. then you can take that to court and show the judge how you ahve been pulled over half a dozen times and can show a history of harrasment. if you dont have any paperwork its just a 20 year old kid whining he's being picked up against a police officer and you will lose.
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well the city called me this morning saying the judge and officer where "sick". but i seen both of their cars at the city hall. rescheduled to the end of next month..
sndsgood wrote:be profesional. id call the police station and see if you can get a history report. if he pulls you over it should be documented. then you can take that to court and show the judge how you ahve been pulled over half a dozen times and can show a history of harrasment. if you dont have any paperwork its just a 20 year old kid whining he's being picked up against a police officer and you will lose.
X2
and remember, to the judge, you are just a kid, so try to show proof and document stuff. If he says you failed the test's but you didn't, tell him to show the court proof, he doesnt have any.
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subpoena dash cam vids from the officer's car for every time he pulled you over
This is why I dont go cruising anymore. If I have to go into town (other then going to work where I dont have to drive through town), I either take my old ass truck or my old slow bike. A modified car or sport bike roaming around town is like candy for that cops. For future reference, I dont know if you have anything done to your car, but make sure you have stock lighting and the thing is quiet, that will help a lot. If you have a fast or modified vehicle, dont let it be a DD.
We have some young ass cops with something to prove around here as well, I got pulled over and ticketed for not wearing a seat belt while I was getting gas at a gas station.. I just payed the ticket and made a point to remember that there are assholes on the force again and to make sure I wear a coat or shirt that isnt the same color as my seat belt. Yes its complete crap but the law is always on the side of the cop.
You are not going to win this without a lawyer. I know thats not what you want to hear but its the truth. Doing what Tabs said is a really good idea but your going to need a lawer that knows the system in order to correctly do such things. You will also want to request a "release of any and all exculpatory evidence" (or the equivalent), and a lawyer will be needed for that also unless you happen to know how to go about it. Legally they have to divulge any evidence they have against you on request , if they fail to do so at least legally, they will loose the case. But if you dont ask (in the legal way required), they can use anything they want without notice.
Get a lawyer, subpena for any and all records for every infraction in the last year including dash cams under the pretenses of "proving a history of harassment", submit an evidence request, and if you can, settle for a smaller fee with no infractions being added to your driving record.
If you go in without a lawyer unprepared and tell the judge that he has pulled you over countless times before, the judge is just going to assume you deserved to be pulled over and are a stupid whiny kid, especially if you dont have any evidence other then hearsay to support your case. If your going to claim harassment or the fact that you didnt do what you where ticketed for, you either have to have evidence proving as much or subpena for evidence proving as much otherwise it will be hearsay and the judge will side with the cop unless for some reason you are really lucky and are able to cop a plea to a lesser fine and nothing added to your driving record.
It just boils down to what you can afford to pay to keep your license from getting screwed up. Although it is complete BS and I feel for ya. I personally despise the police because of things like this that I've gone through myself.
Also, cut your hair, shave, and wear a tie.
Rich Grayo Jr. wrote:You have to agree to a search. If you don't, and have done nothing wrong, they can't do anything about it.
Not in the USA, but it's not like refusing the search is going to stop them.
- Your not-so-local, untrained, uncertified, backyard mechanic. But my @!#$ runs
Oedwards wrote:Rich Grayo Jr. wrote:You have to agree to a search. If you don't, and have done nothing wrong, they can't do anything about it.
Not in the USA, but it's not like refusing the search is going to stop them.
yes in the usa. You can have them start searching the car. tell them to stop, and they have to oblige. See if it were me, I would get out with a pen and paper and document his search. When he asks, I would tell him that I am documenting his search, id keep times the search started, if I stopped it, when I stopped it, if he threw something outside the car, or put something in the car.
If they find anything without plain view or consent, its illegal search and seizure.
Tim Koczorowski wrote:but this last time he said i failed all 4 soberity test and he could take me to jail, but i was 100% sober!
So he claims you failed the tests but he let you go? I would bring this up in court as well... I think this cop needs to be put into his place.
Use an attorney instead of relying on advice from a car forum (even if this is one of the smarter ones
), they don't charge as much as you expect for traffic stuff, definitely less than what the points will cost you in insurance. Make sure it is someone local and has been practicing for a while, not a corporation or someone who is going to refer the case to an underling. You basically want someone who is well connected and well experienced in the local law circle. If you have a good record, they'll at least get you somewhat of a break, and if the cop is harrassing you they will let you know what legal recourse that you have. They may even tell the local prosecuter what's going on, and that may put a stop to it if the cop is reaching or violating your constitutional rights. The last thing a small local governent wants is to have to settle a civil case for something like illegal detainment and have you bankrupt the town lol.
i was gonna post, but this thread is old. how'd it go op
actually they canceled my court date two months in a row and they dropped the ticket!
Now you need to follow up on your end to stop the harassment and possible next ticket.
Get an attorney. There also has to be a town council or something like that, someone had to have hired him. I would also complain to them.
Get a small voice activated pocket recorder also, set it somewhere it cannot be seen and turn it on the next time he pulls you over. If he has
an attitude and is fu@#ing with you, the attitude will come thru.
But you gotta get an attorney.
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