got a ticket, need advice
03-23-2009, 07:38 PM
#1
1.0 BAR
Thread Starter
Join Date: Feb 2003
Location: Wisconsin
Posts: 461
got a ticket, need advice
So, last saturday, I was getting on the itnerstate on the south side of town in the Mazda, coming up the on ramp, and there was a blue 4 door ford pickup in the right hand lane, running the same speed as me on the interstate when I got to the top of the ramp. Only car on the interstate going either direction. He was in the right hand lane, nearest the on ramp. His right fron fender was even with my left rear fender. I sped up some, and he stayed right there beside me, speeding up with me. I downshifted, put a boot in it's ***, got 3-4 car lengths in front of him before the ramp ended, and got over. I slowed back down to 70 MPH, as I was well over that by that point, and he here comes, up on my ***. He gets up on my bumper, flashing his lights. I tap the brakes twice, and he gets even further up on my bumper, and flips his lights on high beams and leaves them there. I slam on the brakes, and he gets in the other lane, passes me, and then swerves back over into the right lane, cutting me off.
Fast forward to today, I get home and a POS cop is sitting in front of my house. Turns out, he was in the back seat. He "claims" that I "Deviated from my designated lane" and cut over the two solid white lines on purpose to cut the truck off, which he was in at the time. I am assuming that it was dear old dad and mommy in the truck, judging on ages.
He comes up to me:
"You Josh ******"
"Yes, why"
"You out driving on saturday?"
"Yes, why?"
"You have an incident with a blue ford pickup?"
"I had one tailgate me, cut me off, and flash his lights at me."
"I was in the back of the truck when you swerved in front of it"
"I didn't swerve in front of it"
*he takes out some paper with print*
"I have hear a criminal complaint against you for deviating from your designated lane, and am going to issue you a citation"
"He didnt get over"
"He doesnt have to"
"So, why didnt he"
"doesnt matter, you didnt yield the right of way"
"I go in front of him, out of his way"
"You then slowed down"
"Yes, back to 5 over the limit, he then started tailgaiting and flashing lights"
*I give him my liscense, he goes back to his car, and tells me to wait on the curb*
*I go up to his window*
Me: "You give the other guy a ticket for flashing his ligths, tailgaiting and cutting me off?"
"No, I didnt feel it was necessary"
"What the F do you mean it wasnt necessary? He sped up beside me, wouldnt let me on, then flashed his lights, tailgated, and cut me off!!"
"He's nor required to move over, you're required to yield or merge into traffic"
"I did, I got in front, and then he started tailgaiting and flashing his lights"
"Did you feel threatened by the lights?"
"What do you think? I've got a guy tailgaiting me and flashing his ligths and then cuts me off"
"Go wait by the curb"
*I wait by the curb. He comes up, gives me my ticket. My fiancee opens the door and comes out*
Him: "Who is that?"
"Why the F do you care, its none of your Fing business"
"I thought she might want to hear"
"No"
"So, why didnt you give him a ticket for tailgaiting, or flashing his lights or cutting me off?"
"I only saw the part where you cut him off"
"I didnt cut him off"
"Yes you did"
"So why didnt you watch the whole situation? It seems to me you're only interested in one side"
"I was an officer unti I made the phone call, at that point I was distracted and became a civillian"
"So you only watched me get on the interstate, you didnt watch him flash his lights or tailgate me or swerve back in front of me?"
"He was following close, yes"
"But you didnt give him a ticket?"
"No, I was a civillian at that time, because I was making the 911 call"
"So, why didnt you give the phone to the lady in the front seat and continue to watch all the events"
"What lady?"
"The one that was in the pasengers front seat"
"Oh, her. She didnt know where the number is saved in my speed dial"
"So why didnt you find it, hit send and give her the phone and continue watching?"
"Because I was a civilian at the time. Here is your ticket"
*hands me my liscense and ticket*
Him "Are you going to fight it?"
"You better Fing believe it. I'll see you in court"
Me, as I walk to my house "You got nothing better to do then come down here and harass hard working people that pay their bills and taxes huh?"
"Yup"
"You're a tub of ----, just like every other cop"
*I go inside*
So, it seems to me I have a few things here:
1. he lied. He saw the lights and tialgaiting and swerving, he admitted to it while he was in the car, but denied it later out of teh car.
2. He admitted to harassing me at the end.
Anyone that has any experience with this, what are my chances of shaking this? It's 160 bucks and 4 points. I was thinking of getting a lawyer and going down to the sherriffs office tomorrow oand filing a compaint on him for lying while issuing a ticket, and harassement, as he admitted to it.
Fast forward to today, I get home and a POS cop is sitting in front of my house. Turns out, he was in the back seat. He "claims" that I "Deviated from my designated lane" and cut over the two solid white lines on purpose to cut the truck off, which he was in at the time. I am assuming that it was dear old dad and mommy in the truck, judging on ages.
He comes up to me:
"You Josh ******"
"Yes, why"
"You out driving on saturday?"
"Yes, why?"
"You have an incident with a blue ford pickup?"
"I had one tailgate me, cut me off, and flash his lights at me."
"I was in the back of the truck when you swerved in front of it"
"I didn't swerve in front of it"
*he takes out some paper with print*
"I have hear a criminal complaint against you for deviating from your designated lane, and am going to issue you a citation"
"He didnt get over"
"He doesnt have to"
"So, why didnt he"
"doesnt matter, you didnt yield the right of way"
"I go in front of him, out of his way"
"You then slowed down"
"Yes, back to 5 over the limit, he then started tailgaiting and flashing lights"
*I give him my liscense, he goes back to his car, and tells me to wait on the curb*
*I go up to his window*
Me: "You give the other guy a ticket for flashing his ligths, tailgaiting and cutting me off?"
"No, I didnt feel it was necessary"
"What the F do you mean it wasnt necessary? He sped up beside me, wouldnt let me on, then flashed his lights, tailgated, and cut me off!!"
"He's nor required to move over, you're required to yield or merge into traffic"
"I did, I got in front, and then he started tailgaiting and flashing his lights"
"Did you feel threatened by the lights?"
"What do you think? I've got a guy tailgaiting me and flashing his ligths and then cuts me off"
"Go wait by the curb"
*I wait by the curb. He comes up, gives me my ticket. My fiancee opens the door and comes out*
Him: "Who is that?"
"Why the F do you care, its none of your Fing business"
"I thought she might want to hear"
"No"
"So, why didnt you give him a ticket for tailgaiting, or flashing his lights or cutting me off?"
"I only saw the part where you cut him off"
"I didnt cut him off"
"Yes you did"
"So why didnt you watch the whole situation? It seems to me you're only interested in one side"
"I was an officer unti I made the phone call, at that point I was distracted and became a civillian"
"So you only watched me get on the interstate, you didnt watch him flash his lights or tailgate me or swerve back in front of me?"
"He was following close, yes"
"But you didnt give him a ticket?"
"No, I was a civillian at that time, because I was making the 911 call"
"So, why didnt you give the phone to the lady in the front seat and continue to watch all the events"
"What lady?"
"The one that was in the pasengers front seat"
"Oh, her. She didnt know where the number is saved in my speed dial"
"So why didnt you find it, hit send and give her the phone and continue watching?"
"Because I was a civilian at the time. Here is your ticket"
*hands me my liscense and ticket*
Him "Are you going to fight it?"
"You better Fing believe it. I'll see you in court"
Me, as I walk to my house "You got nothing better to do then come down here and harass hard working people that pay their bills and taxes huh?"
"Yup"
"You're a tub of ----, just like every other cop"
*I go inside*
So, it seems to me I have a few things here:
1. he lied. He saw the lights and tialgaiting and swerving, he admitted to it while he was in the car, but denied it later out of teh car.
2. He admitted to harassing me at the end.
Anyone that has any experience with this, what are my chances of shaking this? It's 160 bucks and 4 points. I was thinking of getting a lawyer and going down to the sherriffs office tomorrow oand filing a compaint on him for lying while issuing a ticket, and harassement, as he admitted to it.
03-23-2009, 11:36 PM
#4
1.0 BAR
Thread Starter
Join Date: Feb 2003
Location: Wisconsin
Posts: 461
BINGO. Got him.
He wrote the ticket for 160 bucks, and 4 points. Wisconsin statute 346.17(1) covers teh penalty for 346.13(3). The penalty under law is no less that $20, and no more then $40, and no points.
The DA and I are going to have a little chat tomorrow moring.
I'm filing a complaint against him for not upholding the law, and admitting he witnessed a violation and did nothing about it. Against the truck driver for violating sections 346.62 (2), reckless driving (according to the law, he did so by swerving in front of me, as well as section 346.14(1) , which pertains to following at an imprudent distance. I also passed legally, per section 346.08(3), which says as long as there is enough pavement for both cars to be at a safe distance, passing on the right is acceptable.
He wrote the ticket for 160 bucks, and 4 points. Wisconsin statute 346.17(1) covers teh penalty for 346.13(3). The penalty under law is no less that $20, and no more then $40, and no points.
The DA and I are going to have a little chat tomorrow moring.
I'm filing a complaint against him for not upholding the law, and admitting he witnessed a violation and did nothing about it. Against the truck driver for violating sections 346.62 (2), reckless driving (according to the law, he did so by swerving in front of me, as well as section 346.14(1) , which pertains to following at an imprudent distance. I also passed legally, per section 346.08(3), which says as long as there is enough pavement for both cars to be at a safe distance, passing on the right is acceptable.
04-04-2009, 09:25 AM
#8
0.0 BAR
Join Date: Aug 2008
Posts: 14
I bet he doesn't even show up to defend his ticket.
Sounds like his dad was 10x the *** you were that day.
04-04-2009, 11:07 PM
#10
0.5 BAR
Join Date: Mar 2009
Posts: 78
thats awesome, glad to hear it went good, keep us updated.
i hate cops, lots of stealin goin around where i live, i got followed one night.. saw a cop in a parking lot went in while the car that was following me went straight.. i told the cop whats going on and he didnt give one ----, he was too busy eating his sandwich......
i hate cops, lots of stealin goin around where i live, i got followed one night.. saw a cop in a parking lot went in while the car that was following me went straight.. i told the cop whats going on and he didnt give one ----, he was too busy eating his sandwich......
