heartless cop

[Dave23]

What is the name of your state? ny
I was waiting to take my terminally ill father who lives in nj to an appointment with a specialist when a cop approched me and asked for my registration insurance and license. He told me that I was in a no parking zone that still had 15 min left. He took my license and insurance although I couldnt find the registration paper. I told him that he can just look at the registration sticker on my windshield which ny requires you to have. He said it was unacceptable and wanted to see the registration paper. Fortunately, i had an extra copy with father so I called him down to show the cop the copy, meanwhile the cop was checking my license and wrote me the parking ticket (ordinance code 23:52). After a while he came back with the ticket and my father was taking a while to get downstairs (since my father is ill) I try to explain that to him and he tells me to SHUT THE F UP. Then my father comes and gives him the copy and trys to explain to him that i wasnt familiar with the area. He tells him also to shut the f up and to get out of his face before he arrests him. He then proceeds to write another ticket for failure to follow officers command (statute 39:4-57). Then he tells me "now you can park here" and leaves. Now the thing is Im not worried about the parking ticket (which is just a measily 35 dollar parking violation) but the other ticket he gave me I saw that you can get 2 points if convicted. Although, I can probibly plead not guilty to the second ticket since the jerk cop really overdid it (also because i saw on the nj website that it was a moving violation and i was clearly parked), i dont have time to go to court and if i can just pay it off without any reprucussions on my driving record i would. I read on the ny dmv website that they dont count points for a out of state violations. MY QUESTION IS; is the conviction still recorded and does it show up when the insurance company checks my driving record? (concerning the ethics of the situation, if you want to give me a parking ticket fine thats understandable , but the way he treated me and my father and also giving me the unecessary second ticket , thats wrong !!!

[thepenster060]

do you think anyone is going to take you seriously when you just verbally threated to harm a police officer? You deserved both of your tickets. I hope you get all the points you deserve from them. You do not seem like a very smart person to begin with, because what you threatened to do to a sworn officer of the law is a felony. But then again, with your attitude, I am sure you have had lots of other run ins.

[Dave23]

Originally Posted by thepenster060

do you think anyone is going to take you seriously when you just verbally threated to harm a police officer? You deserved both of your tickets. I hope you get all the points you deserve from them. You do not seem like a very smart person to begin with, because what you threatened to do to a sworn officer of the law is a felony. But then again, with your attitude, I am sure you have had lots of other run ins.

I think you misread; I didn't threaten the officer to his face. On the contrary, the officer was being very abusive to me and my father. So what, if he is a sworn officer. That doesn't give him the right to abuse his power like that. Police officers AREN'T above the law! Fine, he can technically give me a parking ticket because there was 15 MINUTES left (which automatically tells what his intentions were) but he has ABSOLUTELY NO right to verbally abuse me or my father. I wasn't cursing or answering him back for him to do that. Secondly, the second ticket he gave me was a MOVING VIOLATIONS ticket when I was clearly PARKED which also tells you about his intentions. How can you blame me for being pissed off at him? Lets say it happened to you and your father wise guy. Wouldnt you be pissed off too? As to your remarks about me, I think you're the one thats not smart because no matter what I plead , or if I take the tickets and rip them up , I WILL NOT get any points on my dmv record because NY state doesnt count points from out of state violations. (And actually this is the first time since I was licensed that I got a moving violations ticket) ALL I AM ASKING is if I want to just pay off that second ticket , will that conviction show up on my record (regardless of the points) in that the insurance company will be able to see it (because insurance companies use a different point system than the dmv and likely will consider it)? If you have any stupid comments like the idiot above, then please DONT reply.

[The Occultist]

This isn't stupid, this is meant to be helpful. If you continue to carry on in this manner, none of the members are going to be willing to help you.

BTW: The "threat" he was referring to was in your post. "If I ever see that cop again , Im going to personally beat him to a bloody pulp !!!" Some members won't take to that very well, with some of them actually being officers and all. You may consider this a stupid post, but again, if you don't heed my advice nobody will be willing to help you.

[Dave23]

Originally Posted by The Occultist

This isn't stupid, this is meant to be helpful. If you continue to carry on in this manner, none of the members are going to be willing to help you.

BTW: The "threat" he was referring to was in your post. "If I ever see that cop again , Im going to personally beat him to a bloody pulp !!!" Some members won't take to that very well, with some of them actually being officers and all. You may consider this a stupid post, but again, if you don't heed my advice nobody will be willing to help you.

OK , I apologize if my comments offended anyone especially officers on the board. I just said them in light of my situation. Don't get me wrong, I'm not upset at officers in general that give out tickets; because thats what there supposed to do to keep dangerous drivers off the road. However, Im upset at that PARTICULAR officer for the way he conducted himself with me and my father. Thats an apparent misuse of his power as an officer. I know that the majority of officers aren't like that. The guy probibaly had a bad day and decided to take out all his frustration on me which still gives him no right. BTW, I just removed the comment.

[CdwJava]

If it came out that way you can probably go to court and prevail on the second ticket. However, all because it is listed as a "moving" ticket does not mean you have to be moving. That term generally refers to a vehicle code violation involving an operator or responsible party of a vehicle and not necessarily that a driver is moving at the time.

39:4-57. Observance of directions of officers
Drivers of vehicles, street cars or horses shall at all times comply with any direction, by voice or hand, of a member of a police department, a peace officer, or the director, when enforcing a provision of this chapter.

And 39:1-1 defines driver: "Driver" means the rider or driver of a horse, bicycle or motorcycle or the driver or operator of a motor vehicle, unless otherwise specified.

This does not require the vehicle to be moving. You were the operator of the vehicle and were thus the party subject to the citation. Whether you justly deserved it or not will be up to the court to decide.

- Carl

[thepenster060]

Being that someone close to me is a sworn officer in nys yes, i take those comments very seriously.
I would love to hear the officers side of the story, because i am sure they would be different. I don't care how upset you were that that certain officer, you do not make verbal
threats like that. and it doesn't matter if it was to his face or behind it back. End of story.

[Dave23]

Originally Posted by CdwJava

If it came out that way you can probably go to court and prevail on the second ticket. However, all because it is listed as a "moving" ticket does not mean you have to be moving. That term generally refers to a vehicle code violation involving an operator or responsible party of a vehicle and not necessarily that a driver is moving at the time.

39:4-57. Observance of directions of officers
Drivers of vehicles, street cars or horses shall at all times comply with any direction, by voice or hand, of a member of a police department, a peace officer, or the director, when enforcing a provision of this chapter.

And 39:1-1 defines driver: "Driver" means the rider or driver of a horse, bicycle or motorcycle or the driver or operator of a motor vehicle, unless otherwise specified.

This does not require the vehicle to be moving. You were the operator of the vehicle and were thus the party subject to the citation. Whether you justly deserved it or not will be up to the court to decide.

- Carl

Thank you very much Carl, thats exactly what I needed The key words over here are "when enforcing a provision of this chapter". When I search that chapter, all of the violations seem to be traffic/moving violations. The violation the cop was enforcing was a parking violation (which is not even in the same set of laws since one is an ordinance and the other is a statute). So If I plead not guilty and tell the Judge that it was issued in conjunction with a parking ticket , he would have to dismiss it. Am I under a correct assumption?

[CdwJava]

Originally Posted by Dave23

Thank you very much Carl, thats exactly what I needed The key words over here are "when enforcing a provision of this chapter". When I search that chapter, all of the violations seem to be traffic/moving violations. The violation the cop was enforcing was a parking violation (which is not even in the same set of laws since one is an ordinance and the other is a statute). So If I plead not guilty and tell the Judge that it was issued in conjunction with a parking ticket , he would have to dismiss it. Am I under a correct assumption?

It depends on the defintions in your state. In my state one can both be parked AND be a driver or person in control of the vehicle. It is not an "either, or" situation.

You were the person in control of the vehicle so you may be considered the "driver" for these purposes. If I had to guess you aren't going to get out of it with the semantic argument. Your best bet would be to simply argue the facts of the situation and HOPE that the officer did not overhear your comment to beat him to a bloody pulp.

... and some people wonder why we carry weapons off duty? ...

- Carl

[Dave23]

Originally Posted by CdwJava

It depends on the defintions in your state. In my state one can both be parked AND be a driver or person in control of the vehicle. It is not an "either, or" situation.

You were the person in control of the vehicle so you may be considered the "driver" for these purposes. If I had to guess you aren't going to get out of it with the semantic argument. Your best bet would be to simply argue the facts of the situation and HOPE that the officer did not overhear your comment to beat him to a bloody pulp.

... and some people wonder why we carry weapons off duty? ...

- Carl

Thanks for the advice again Carl! Im going to do just that. Oh and btw, I called up my insurance company and they told me that they check violations in all the 50 states not just the dmv record from your home state so if I'm convicted of this , it will show up on there record. However, they only consider moving violations and dont know whether this conviction will apply or not. If I'm convicted of this second violation, can the judge note on the record that it was issued in conjunction with a parking ticket so the insurance company won't consider it?

[CdwJava]

In general a "parking ticket" is issued against a vehicle - the failure to obey violation is issued against a person. I don't know if the violation has any points attached to it or not, so whether the insurance comapnay considers it or not is something only they could tell you.

- carl