Cop, court system (don't speed)

Year's_End · 10-22-2008, 02:03 AM

Quote:

Originally Posted by JIM E92

I got a ticket for going the speed limit in Auburn. The cop wouldn't even show me his radar. He said, because it was raining I was going too fast for the conditions. I took it to court and lost. Point of the story is that in small towns like Auburn and the Hwy 280 corridor it's a major revenue generator. I can sympathize with your situation. I learned quickly to take it easy on the skinny pedal when in Auburn.

aoi[HG{OAEHG{EOIAHG{OIEAGIHAGHE{OI!!!!!!!!R @T(P!

wow. just reading this pisses me off. how did you NOT win!? dude. wow. you got ticketed for GOING THE SPEED LIMIT?

Glacked · 10-22-2008, 03:51 AM

I will preface this with: I've been a cop in AL for ten years. My wife is a former prosecutor. I was not on this stop, so I cannot tell you what happened or what the cop was thinking. There, that is out of the way.

My first order of business, once the case is disposed of, would be to file a complaint in writing to the department of the officer. If he, indeed, did lie and state your speed was 24mph higher than it was, that needs to be addressed. Have your friends write a statement to include with the complaint. I've worked everything from patrol, CID to interdiction and have spent many an hour sitting on the side of the roadway watching traffic. Never have I once pulled someone over for a violation they did not commit - unless it was a suspect vehicle in non-traffic criminal case. While I'm not a huge fan of having a complaint filed on myself or any of my guys, I understand that the public may have a problem with how we handle things. If it goes unreported, we never know. All my guys have cameras and audio in our cars, so the guys who might have a predisposition to making shit up can please move on to a new job and leave this one to the people who earn it every day. For those complaints that are "unfounded", we try and explain what happened and why to the complainant so they can better understand. Sometimes you just get folks who lie. Those are the ones who I wish we could arrest for filing false reports. We're not in the business of retribution, so I understand the policy against such.

http://www.legislature.state.al.us/C...975/coatoc.htm

If you ever have questions about the laws in AL, go to the link above. Traffic code is generally in 32-5 and 32-5A.

For your first attorney, you can file a bar complaint against him/her. Just know that a lot of attorney's offices send their newer, less experienced people to traffic court and will cash your check without problem. This will not be seen by the bar as an issue as it is standard practice. At least it is where I work. Don't worry, the prosecutors we have to deal with are generally young and don't know their ass from a hole in the ground. It's crap on both sides of the fence at that level - most times. If there was something more specific that was done wrong, this may be your only way to have it resolved. Bar complaints are investigated and are not taken lightly.

Read this link before you decide to file a bar complaint: http://www.alabar.org/brochures/complaint_brochure.pdf

At the end of the day, you did what was right. You plead to speeding, which you admitted here, and got the racing thrown out. I might have fought the speeding as a matter of course due to it being doubtful the cop, if what you stated was true, would be able to provide proof, radar logs, etc. Also, if the judges hear enough people claim a cop is making shit up, they are more apt to not listen to him. I've seen it happen. Those guys don't last long and leave a heavy wake for people like me to deal with down the road. I hate that it cost that much money over some, again going off your side of the story, bullshit.

If you are ever placed in that situation again, please PM me and let me know asap. If there is a cop in my state who is willing to lie to make some stat for his supervisor, I'm willing to do what I can to ensure he doesn't have a job. I love this job. I'm proactive and get after folks like there's no tomorrow. Some shitbag, po-dunk gleaming example of a public education wants to come in a tarnish the badge I earn the right to keep every day pisses me off. I've got enough skewed public opinion to deal with because some idiot in CA did that thing that day to have to put up with it happening in my own back yard.

Good luck.

bmwturbopower · 10-22-2008, 04:06 AM

Quote:

Originally Posted by Glacked

I will preface this with: I've been a cop in AL for ten years. My wife is a former prosecutor. I was not on this stop, so I cannot tell you what happened or what the cop was thinking. There, that is out of the way.

My first order of business, once the case is disposed of, would be to file a complaint in writing to the department of the officer. If he, indeed, did lie and state your speed was 24mph higher than it was, that needs to be addressed. Have your friends write a statement to include with the complaint. I've worked everything from patrol, CID to interdiction and have spent many an hour sitting on the side of the roadway watching traffic. Never have I once pulled someone over for a violation they did not commit - unless it was a suspect vehicle in non-traffic criminal case. While I'm not a huge fan of having a complaint filed on myself or any of my guys, I understand that the public may have a problem with how we handle things. If it goes unreported, we never know. All my guys have cameras and audio in our cars, so the guys who might have a predisposition to making shit up can please move on to a new job and leave this one to the people who earn it every day. For those complaints that are "unfounded", we try and explain what happened and why to the complainant so they can better understand. Sometimes you just get folks who lie. Those are the ones who I wish we could arrest for filing false reports. We're not in the business of retribution, so I understand the policy against such.

http://www.legislature.state.al.us/C...975/coatoc.htm

If you ever have questions about the laws in AL, go to the link above. Traffic code is generally in 32-5 and 32-5A.

For your first attorney, you can file a bar complaint against him/her. Just know that a lot of attorney's offices send their newer, less experienced people to traffic court and will cash your check without problem. This will not be seen by the bar as an issue as it is standard practice. At least it is where I work. Don't worry, the prosecutors we have to deal with are generally young and don't know their ass from a hole in the ground. It's crap on both sides of the fence at that level - most times. If there was something more specific that was done wrong, this may be your only way to have it resolved. Bar complaints are investigated and are not taken lightly.

Read this link before you decide to file a bar complaint: http://www.alabar.org/brochures/complaint_brochure.pdf

At the end of the day, you did what was right. You plead to speeding, which you admitted here, and got the racing thrown out. I might have fought the speeding as a matter of course due to it being doubtful the cop, if what you stated was true, would be able to provide proof, radar logs, etc. Also, if the judges hear enough people claim a cop is making shit up, they are more apt to not listen to him. I've seen it happen. Those guys don't last long and leave a heavy wake for people like me to deal with down the road. I hate that it cost that much money over some, again going off your side of the story, bullshit.

If you are ever placed in that situation again, please PM me and let me know asap. If there is a cop in my state who is willing to lie to make some stat for his supervisor, I'm willing to do what I can to ensure he doesn't have a job. I love this job. I'm proactive and get after folks like there's no tomorrow. Some shitbag, po-dunk gleaming example of a public education wants to come in a tarnish the badge I earn the right to keep every day pisses me off. I've got enough skewed public opinion to deal with because some idiot in CA did that thing that day to have to put up with it happening in my own back yard.

Good luck.

definitely keep you in mind. What city do you work for if you don't mind me asking?

Glacked · 10-22-2008, 04:23 AM

If you are in Auburn, I'm in the other city. Roll Tide.

bmwturbopower · 10-22-2008, 04:41 AM

Quote:

Originally Posted by Glacked

If you are in Auburn, I'm in the other city. Roll Tide.

LOL oh dear. Yeah..... you guys have said that a lot this year. Hopefully you will be working the streets when my car is there for the iron bowl?

Maestro · 10-22-2008, 09:42 AM

plus file a malpractice lawsuit to recover the money you were out for having to appeal the decision.

Actually, walk in tell him if we does not pay you back the $5k you are out, you will report him to Bar and file a law malpractice lawsuit

Glacked · 10-22-2008, 01:17 PM

I have the golden shift this year. I don't have to work any more home games. I'll be in the stands for the Iron Bowl.

10-22-2008, 03:51 AM	#24
Glacked Enlisted Member 0 Rep 47 Posts Drives: 328i Join Date: Mar 2007 Location: Deep South iTrader: (0)	I will preface this with: I've been a cop in AL for ten years. My wife is a former prosecutor. I was not on this stop, so I cannot tell you what happened or what the cop was thinking. There, that is out of the way. My first order of business, once the case is disposed of, would be to file a complaint in writing to the department of the officer. If he, indeed, did lie and state your speed was 24mph higher than it was, that needs to be addressed. Have your friends write a statement to include with the complaint. I've worked everything from patrol, CID to interdiction and have spent many an hour sitting on the side of the roadway watching traffic. Never have I once pulled someone over for a violation they did not commit - unless it was a suspect vehicle in non-traffic criminal case. While I'm not a huge fan of having a complaint filed on myself or any of my guys, I understand that the public may have a problem with how we handle things. If it goes unreported, we never know. All my guys have cameras and audio in our cars, so the guys who might have a predisposition to making shit up can please move on to a new job and leave this one to the people who earn it every day. For those complaints that are "unfounded", we try and explain what happened and why to the complainant so they can better understand. Sometimes you just get folks who lie. Those are the ones who I wish we could arrest for filing false reports. We're not in the business of retribution, so I understand the policy against such. http://www.legislature.state.al.us/C...975/coatoc.htm If you ever have questions about the laws in AL, go to the link above. Traffic code is generally in 32-5 and 32-5A. For your first attorney, you can file a bar complaint against him/her. Just know that a lot of attorney's offices send their newer, less experienced people to traffic court and will cash your check without problem. This will not be seen by the bar as an issue as it is standard practice. At least it is where I work. Don't worry, the prosecutors we have to deal with are generally young and don't know their ass from a hole in the ground. It's crap on both sides of the fence at that level - most times. If there was something more specific that was done wrong, this may be your only way to have it resolved. Bar complaints are investigated and are not taken lightly. Read this link before you decide to file a bar complaint: http://www.alabar.org/brochures/complaint_brochure.pdf At the end of the day, you did what was right. You plead to speeding, which you admitted here, and got the racing thrown out. I might have fought the speeding as a matter of course due to it being doubtful the cop, if what you stated was true, would be able to provide proof, radar logs, etc. Also, if the judges hear enough people claim a cop is making shit up, they are more apt to not listen to him. I've seen it happen. Those guys don't last long and leave a heavy wake for people like me to deal with down the road. I hate that it cost that much money over some, again going off your side of the story, bullshit. If you are ever placed in that situation again, please PM me and let me know asap. If there is a cop in my state who is willing to lie to make some stat for his supervisor, I'm willing to do what I can to ensure he doesn't have a job. I love this job. I'm proactive and get after folks like there's no tomorrow. Some shitbag, po-dunk gleaming example of a public education wants to come in a tarnish the badge I earn the right to keep every day pisses me off. I've got enough skewed public opinion to deal with because some idiot in CA did that thing that day to have to put up with it happening in my own back yard. Good luck.
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10-22-2008, 04:23 AM	#26
Glacked Enlisted Member 0 Rep 47 Posts Drives: 328i Join Date: Mar 2007 Location: Deep South iTrader: (0)	If you are in Auburn, I'm in the other city. Roll Tide.
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10-22-2008, 09:42 AM	#28
Maestro Major 1058 Rep 1,268 Posts Drives: 2007 335i Sedan, 2021 X3 Join Date: Nov 2006 Location: Philadelphia iTrader: (0)	plus file a malpractice lawsuit to recover the money you were out for having to appeal the decision. Actually, walk in tell him if we does not pay you back the $5k you are out, you will report him to Bar and file a law malpractice lawsuit
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10-22-2008, 01:17 PM	#29
Glacked Enlisted Member 0 Rep 47 Posts Drives: 328i Join Date: Mar 2007 Location: Deep South iTrader: (0)	I have the golden shift this year. I don't have to work any more home games. I'll be in the stands for the Iron Bowl.
	Appreciate 0 Quote