[Marriedguy]

Today, I receive a call from my wife she was crying. Apparently, she rear-ended a Yonkers Police Car. There was a car that stop short in front of the squad car and she hit him and the 3rd car hit her. She went out of car to see if there was any damage. There wasn’t any damage to any of the cars involved. My wife allowed the person that hit her to leave the seen no harm, no foul. However, the police officer called for assistance three squad cars and a crime scene unit was dispatched. Needless to say my wife was upset and embarrassed. The incident ended with my wife being issue a ticket for driving to close.

After she gets home she noticed that the ticket was made out in my sisters’ name. She registers and insured the car.

So I decide to go out to eat kind calm her down. My mother babysits for us so she was home with our two year old. I about an hour later my wife cell phone rings and it is my mother. She explained that the police officer came by and took the ticket and gave her another one. What! I decide this was not the time or place to have that conversation and we will speak when we got home.

When we got home we question my mother. She explained. The police officer knocks on my door and asked to speak to my wife. My mother replied she wasn’t here and we went out. The officer explained the ticket that he issued earlier had my sister name on it and if he didn’t get it back my sister could be arrested. My sister would have missed the court date and a warrant would be issue for her arrested. My scared mother then goes into my bedroom to find this ticket and the police officer follows. She finds the ticket on the dresser and gives it to the officer. He then rips it up and then gives my mother another ticket that has my wife’s name on it.

I serious think this is a violation of her 4th Amendment.

If so what can I do? I don't have proof of the ticket but I have video of the police officer entering and leaving my apartment and apartment building...

[Fr_Chuck]

No, there was nothing wrong done at all.

1. your wife should not have merely let the person who hit her go. that is her issue, but the police don't care

2. if a police car is involved in an accident, they must by policy report this to the supervisor. And they are required to have it investigated, So 3 police cars, ( normally SGT and LT of shift or a special accident investigator will come to the sceen) And sometimes a couple of other officers who come to latter make fun of the officer in the accident.

3. your wife did hit him, when she hit the rear of his car, she was at fault.

4. Yes, the ticket was wrote incorrectly, the officer runs the tag of the car and gets a print out in his car normally of who owns the car, whose name is on the insurance, most likely they used that to write the ticket.

5. and yes, since that name was on the ticket if that person did not appear in court a warrant would have been issued, she could have gotten out of it by proof it was not her, but not before they arrested her.

6. Shift supervisor can void a ticket and as long as it is within the statue of limitation of the event a new ticket can be issued, Often a ticket may be re-issued the day of the court if there is an additional charge, or if there is a major change.

7. The officer was doing an extra service, and was being actually nice, and was merely telling the truth of what can happen if an error like that is made.

You can have your wife go pay her ticket for hitting the police car. You can thank the police officer for being nice enough to come over personally and correct the error.

[N0help4u]

I don't know but if the ticket was not for more charges or added fines he may have been doing a favor.
They can give you a ticket for driving too close. Most often they don't, but if it is due to an accident they can.
I can't think of any violation but maybe somebody else will catch it.

[Marriedguy]

Thanks what you say is correct. It may be petty but I didn't like the fact the officer came into our home without our permission and took a legal document. If my sister appeared in court and explained and proved to court that she was not in fact the driver the ticket would not have been dismissed?

If I understand you correctly even if she (my sister) appeared in court which would have been a month later the ticket could have been amended and my wife would have charge for driving to close?

To me it sounded like it he was covering his own .

Why did he need to take the original ticket?

The ticket will most probably be dismissed by the DA but its just the principle.

[froggy7]

Thanks what you say is correct. It may be petty but I didnt like the fact the officer came into our home without our permission and took a legal document. If my sister appeared in court and explained and proved to court that she was not in fact the driver the ticket would not have been dismissed?

If I understand you correctly even if she (my sister) appeared in court which would have been a month later the ticket could of been amended and my wife would of charge for driving to close?

To me it sounded like it he was covering his own .

Why did he need to take the original ticket?

The ticket will most probably be dismissed by the DA but its just the principle.

Why do you think the ticket will be dismissed? Your wife was driving too close, and hit another car. There's no reason to think that ticket will be dismissed. And the police officer had the permission of the person you left in charge of the house to come in, so I don't think you have any grounds to be upset there.

[N0help4u]

Yeah I think it is best to plead guilty and pay the fine.
Depending on your income you might be able to make a payment arrangement schedule where you pay an agreed amount per month until it is paid off.

[Fr_Chuck]

1. The bad ticket would have been voided so even if she had showed up, the case would not really have been on the docket. ** in reality.

2. all officers have to account for every ticket in their book, they are numbered. And a copy stays in the book, so he does not just destroy the ones he turns in, so he is not covering anything up, he still has to report he wrote the wrong name.

3. And this is actually fairly common, I most likely wrote 4 or 5 wrong names over several years of working traffic. A lot is happening at the scene. Why he wanted it cleared up so badly is that it saves him having to write a several page report of actually "issuring" it, nothing illegal, he won't really be in trouble, ** OK may get yelled at a bit, but it saves him the paper work. Remember even though she was at fault on the accident, many departments punish the officer for any car wreck they are in, even if it is not their fault. If they have too many they can end up on foot patrol, on night shift and other in house punishments.

But if the incorrect ticket was not dismissed, it would have been dismissed at court.

And I forget ( and it varies by state) but there is a number of months 3 to 5 that they have to actually re-issue a new ticket.

The charge to the wife, ( correct ticket) is on its own merit.
She received a ticket for following to closely ( what we call it here)
There is almost no defense against this ticket if you hit the car in front of you.

The only way you may get out of it?? Who wrote the ticket, the officer she hit, or another officer, if the officer she hit, wrote the ticket, he had a conflict of interest and should not have wrote the ticket. he would be the witness against her, not the ticketing officer.

In fact in our department, if any of our police cars ever had an accident
( and we did at many times) we often called another department to do the investigation, esp if there was very much damage. We have had our officers ticketed before if they were at fault in the accident.

[Marriedguy]

Please let me be clear. I was not trying to justify the cause of the accident. I understand the following to close... You should leave yourself at least one car lengths when driving on the local street. I personally do this because you never know what is going to happen ahead. In the city there are all kinds of scams where drivers get you to hit them when you are to close.

My concern was the officer going into my house and my mother didn't invite him in. However, she didn't stop him from coming in. And if she did invite him in would she have the right to grant him entry? This is not her legal resident she is a guest there? What if the officer came across my illegal immigration ring (jking)? Could that officer make an arrest based on that?

Amendment 4 - Search and Seizure.

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Just trying to give you guys something to think about.

Its no big deal the ticket will most probably be dropped her this would be her first violation ever... she rarely speeds... in light of this it will be dismissed.

If not it won't be more than $200.00

[Fr_Chuck]

No, he would have good faith to believe that an adult there alone has the right to be there, and if she allowed him in.

Also he did not search, he asked for it, and was given it, if anyone "searched" the house it was your mother from what it sounded
And even if the officer looked, he would have had to stop if mother said to stop. There is a doctine of good faith, And in fact a guest in your home gave permission since she allowed him in, and she in fact handed it to him.

Had they found anything to charge you with, lets say a draw full of drugs for example, then one may try and get the search thrown out, but since this was not really a search, mother did the searching, and it was not used in a charge.

I have talked my way into many buildings over the years, so if for example he found something while in the hosue,

Also while in a house on one matter, one can look at anything in public view. Now these are issues that are often judge related, some liberal judges will rule more liberal, others will rule different. So often which judge hears a motion to have evidence thrown out makes the difference.

[Marriedguy]

Yes N0help4u I agree Fr_chuck covers all bases on all question he answers... I want to be a Super Moderator I bet the job come with a cape. I just got promoted to Full member today slowly working my way up the food chain.

[N0help4u]

I never heard of something to do with traffic wrecks being dismissed for being first time.
Reduced maybe but I never heard of them dismissed but I am not all that familiar with traffic court.

[N0help4u]

Yes N0help4u I agree Fr_chuck covers all bases on all question he answers...I want to be a Super Moderator I bet the job come with a cape. I just got promoted to Full member today slowly working my way up the food chain.

You may make it there before me cause I don't really care for the idea of being a moderator.
More responsibility than I care to be dealing with.

[Fr_Chuck]

There are some diversion programs for first traffic tickets, normaly it deals with speeding and other issues, I have never seen a following too closely, but it could happen, often up to the judge.

[Fr_Chuck]

Poor vision from reading 100's of posts and searching dozens of reports each night,

But cape optional

[N0help4u]

Aww Fr_chuck
I was thinking more like this

[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.

[N0help4u]

It may have been but the law about always wins even when it doesn't seem fair and unfortunately often when it isn't fair.
The best thing to do is just pay the fine or whatever they say cause I doubt she can really get out of it. She can ask what all her options are. I wouldn't push the issue with them though.

[Marriedguy]

They normally don't just dismiss the ticket there are stipulations attached to the dismissal. The judge is presiding on 30-100 cases a day. People there with DWI's, Drag racings, reckless driving, running red lights etc. When some judges get a case like cell phone, broken-tail light, following to close etc. They see it has a waste of there time. Its like did you get the tail light fixed you have prove yes, let me see it OK.. case dismissed. Cell Phone Case: Miss you this is the 4th time in this court for a cell phone ticket.. fine $100 plus court fees. Cell phone case: You have a clean driving history sir.. you know you can't speak on the cell phone while driving. Stay off your cell phone get a hand-free.

[excon]

It may be petty but I didnt like the fact the officer came into our home without our permission and took a legal document.

Hello guy:

The cop DID have permission. Your mother-in-law COULD have told him to wait outside.

excon

[Marriedguy]

I figured that but my mother is real scared of police. How many time have you witness on cops or some other police show where.. the police officer politely ask mind if I take a look if I search the vehicle. Then he discovers some drugs or something illegal in there. Then he politely says sir.. could you put your hands behind your back. He is like what? Yeah, sir I have to place you under arrested. Why.. no I didn't do anything. Sir.. you have cocaine in the under your seat. Huh? What that is not mine.