Ask Experts Questions for FREE Help !
Ask
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #21

    Mar 4, 2008, 06:57 PM
    Quote Originally Posted by Marriedguy
    I figured that but my mother is real scared of police.
    Hello again, guy:

    Because she was intimidated does not translate into an illegal search. You should be glad he didn't see your bong.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #22

    Mar 4, 2008, 07:14 PM
    There is what is called "officer postering" where the officer by his body position takes some control of a situation, Also there is the assumed search, if they start to walk in, and you don't stop them, it is assumed they are invited in < so to speak.
    Marriedguy's Avatar
    Marriedguy Posts: 474, Reputation: 115
    Full Member
     
    #23

    Mar 4, 2008, 07:48 PM
    General off topic question.. Can you legally make a right turn from the left lane?
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
    Uber Member
     
    #24

    Mar 4, 2008, 07:59 PM
    NO
    A cop maybe?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #25

    Mar 5, 2008, 07:37 AM
    Quote Originally Posted by Marriedguy
    Well, from what my wife explained from what she overheard was officers on the scene were unhappy with the officer that was involved with the accident. The officer from the crime scene unit yelled "where is the damage I dont see it?" the officer that was involved in the accident try to point out damage on my wife car. The crime scene unit officers is like "OMG, you can't be serious." The mood from the other officers was the same. They shook there heads as the gathered information. The officer involve in the accident asked for her license and registering about 3 different times. Honestly, I felt that the ticket was giving to save face.

    I'd say she got a ticket because she rearended a Police car - nothing to do with saving face. It is "probably" policy in the event there are injuries at some later date or maybe it's just plain policy for no reason. If the Officer asked the same question 3 different times perhaps he really was shook up and perhaps that's why he called for other cars - or maybe that is also policy.

    I've seen a LOT of these and guess who always wins?

    I've also investigate a lot of "statements and actions at the accident scene" and no two people ever hear the same thing.
    Marriedguy's Avatar
    Marriedguy Posts: 474, Reputation: 115
    Full Member
     
    #26

    Mar 7, 2008, 07:53 AM
    Let clear certain things up. There was no damage the cars according to the accident report. Two cars own by civilians get into an accident they have right to say “There is no damage to my car and no damage to my car, forget it.” The civilians drive off never to be heard from each other again. That statement does not apply with a government operated vehicles the accident must be report. So I'm not complaining he should not have reported because there was no damage. What I am saying is he didn't have to issue a ticket. He cited her for a minor traffic violation. As an officer of the law this is within his powers to do so. Will the ticket he issued hold up in court that remains to be seen.

    At traffic court t during the arraignment the Judge ask her to explain why she receive the ticket at this point the judge could decided to dismiss the ticket on the spot.

    The judge may not want to dismiss the ticket however the DA may not want to pursue the charges and dismiss it or pled it down (which is impossible the violation is at the lowest level).

    Let us say the proceeding does not play out that way. The judge will ask her how do you pled to this charge guilty or not guilty?

    Here response will be “Your honor what are will be the charges if I pled guilty?”

    The judge will reply “$50.00 plus court fee of $15 totaling in $65.00.” (example)

    My wife is smart enough to know what she makes more than that per day it would not be cost effective to take another day off she will pled guilty and by her fine on the way out.

    I have seen cases where Judges/DA dismissed the charges as soon as the defendant pleas not guilty. The theory behind this is there are not going to waste the court time and tax payers' money on a broken headlight ticket. There is a lot of cost and time that goes into having a trial. The police who issue the ticket has to be pulled off post. If the defendant can't for a lawyer the city will provide one for them.

    Only about 10% of traffic infractions cases in New York State actually go to trial.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Guaranteed rights, not amendment or bill of rights [ 3 Answers ]

What are the rights guaranteed in the Constitution (not including the Bill of Rights or other amendments)? The constitution protects the right of domestic peace. We have the right to be represented. If we are going to pay taxes then we are going to be represented. I am really confused by...

Patient Rights Violated [ 6 Answers ]

I am permanently disabled due to severe and chronic migraines. I went to an ER in Indiana twice in one day. Each time I begged the ER doctors to please contact my PCP in California. Both times I was refused and told that they would take care of me. I am allergic to morphine and normally receive...

HIPAA rights violated? [ 24 Answers ]

My employer disclosed two drug test results of mine to local law enforcement. They were negative for drugs by the way. I never gave consent, verbal or signed to do so. In fact they never told my they were going to do this. I learned after the fact. Have my rights been violated?

Patient Rights Violated What can I do [ 11 Answers ]

ABout a month ago I was admitted to ER room, in which I was restrained/secluded illegally, I know I was after researching and being in the medical field myself, I filed a complaint against the hospital, The state investigated my concerns and found that the hospital in fact was in violation to...

How long before I can get violated [ 2 Answers ]

I am on probabtion for about 6 more months, but I received a DWI in June and was found guilty in July. At the time my PO said she wouldn't violate me. Now she came to me yesterday and said she was going to violate me, isn't there like 48 hrs or something after I get convicted that she has to...


View more questions Search