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x_harmoni_x
Feb 18, 2010, 04:28 PM
My husband has been pulled over 3 times by the same officer. He is still waiting for his court appearance for the first ticket that was issued in September and the 2 other tickets that were issued in December were thrown out.

Today he was pulled over again for not yielding to an officer. A state trooper with his lights on was coming from the other direction with no cars in front of him. My husband said to the officer what did he want him to do, there was no place to pull over beside the fact that there were no cars in front of the oncoming officer.

He did not write my husband a ticket but asked him where he works.

Would this be considered harassment? Not to mention the second time he was pulled over my 7 year old son was in the car and my son stated that the officer was mean.

Is there anything we can do about this officer?

twinkiedooter
Feb 18, 2010, 07:29 PM
What were the other tickets for? Especially the one that has not gone to court yet?

x_harmoni_x
Feb 18, 2010, 07:45 PM
Speeding, 74 in 55 is the one that hasn't gone to court yet. 43 in 30 that was thrown out, failure to notify the dmv of change of address which was thrown out too.

Fr_Chuck
Feb 18, 2010, 07:52 PM
Why were they thrown out ?

But no, it sounds like he needs to stop speeding, they can stop him every day if he keeps breaking the law.

The law on yielding varies by location, here in Atlanta, you are to stop, so here, even if no other traffic, he would have to come to a stop for the police car

In others, he is to slow or stop and pull as far over as possible.

So if he did not even slow down, yep, he can get a ticket

twinkiedooter
Feb 18, 2010, 08:09 PM
I don't see this as harassment by an officer. I see it as your husband can't stop speeding and does not know the law regarding emergency vehicles. It just happened to be the same cop each time, nothing more.

ballengerb1
Feb 18, 2010, 08:15 PM
I own property in a small town with two officers. For all we know you only have one very vigilant cop. It really does sound like they have your husbands number but he keeps giving them cause. Failure to yield could have easily been another ticket. Why does he not obey the law? If he keeps getting pulled over once he starts driving in a legal fashion then we may have something to look at but not now.

jmjoseph
Feb 18, 2010, 08:19 PM
When was the last time he was pulled over for doing NOTHING wrong? Tell him to drive the speed limit, and to obey all traffic laws. THEN if he gets pulled over, file a complaint with the officer's superior.

x_harmoni_x
Feb 19, 2010, 08:06 AM
The second ticket was thrown out because the speed limit wasn't posted until after the officer turned his lights on to pull my husband over.
And the last time I check in NYS there is no law saying you have to pull over when there is an oncoming emergency vehicle. I am not even sure it is a law to move out of the way if they are behind you, I think it is a common courtesy, but I will atempt to look that up.

Oh and we have plenty of state police here. And my husband was pulled over in 3 different towns. Not to mention it seemed like the state trooper was waiting for my husband. He followed him for 35 miles.

ballengerb1
Feb 19, 2010, 02:02 PM
From New York law section 114
"What should I do if I am approached by an emergency vehicle with its light and sirens going?

When approached (from the front or rear) by an emergency vehicle whose light and siren are activated the driver of every other vehicle must yield the right of way.
In yielding the right of way, you must drive immediately to the right hand edge or curb of the roadway, parallel to the roadway, and clear of any intersection.
You must stop and remain stopped until the emergency vehicle or vehicles have passed, unless otherwise directed by a police officer. (See Section 1144 of the Vehicle & Traffic Law.)"

This is a common law in most every state. In Illinos the law now reads we must also slow down or pull into another lane when passing a stopped emerency vehicle.