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Can I fight this?

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cwoodson224

Junior Member
What is the name of your state?
Michigan

Tonight me and a couple of friends decided to go out and light off some fireworks which are illegal in the state of Michigan (firecrackers/bottle rockets). Anyway, we were driving along a road and I decided to pull over to check out all the fireworks. I pulled over completely off the road, put my hazards on and just sat there for a couple of minutes talking with my friends. Meanwhile, we all notice a truck start to pull out of a driveway nearly 100 yards ahead and stop at the end of the drive. I then decided it was a good time to leave so I turned my lights on and drove off. As soon as I passed his driveway, he pulls out and starts to follow me. I took every random turn I could and couldn't lose him. This guy followed me for a good 20 minutes...I thought we should stop somewhere but my friends insisted we keep driving. We ended up getting on the highway with him still following us and next thing I know I'm getting pulled over by 4 police cars (6 total officers).

The officer came to my window and asked to see license, reg..etc. and then asked where we were coming from. Now, I was nervous as hell so I said the first thing that came to my mind, the name of my city, as we were sitting on the off ramp to go to it. This made me sound like a complete idiot so the officer made me get out. He patted me down and discovered a pipe I had forgotten to take out of my pocket. I was cuffed and placed in the back of a cop car for nearly 20 minutes while the police searched my car only to find the box of fireworks. Finally, the officer let me out of the car, uncuffed me and told me to go sit in my car. He told me that he was only going to write me a ticket (and not my friends) for possession of fireworks and said he would "destroy" the pipe and forget about it.

Now, the thing that pisses me off is why I got pulled over in the first place. The guy pulling out of his driveway told the police that we were sitting in front of his house and he thought we were going to break in (apparently there have been break-ins near there). So basically I got pulled over because some jumped to a conclusion and called the cops. I mean did they even have a right to pull me over? Now I'm stuck with this ticket and have to go to court on 6/1...which happens to be my mom's birthday. I guess I'm just glad I didn't go to jail. Anyway, I just wondered if at all possible I could fight this?
 
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Curt581

Senior Member
cwoodson224 said:
Now, the thing that pisses me off is why I got pulled over in the first place. The guy pulling out of his driveway told the police that we were sitting in front of his house and he thought we were going to break in (apparently there have been break-ins near there).
A perfectly reasonable suspicion, based on past break-ins in the area.
So basically I got pulled over because some jumped to a conclusion and called the cops. I mean did they even have a right to pull me over?
Yes. They got a complaint. They're obligated to investigate it.
Now I'm stuck with this ticket and have to go to court on 6/1...which happens to be my mom's birthday. I guess I'm just glad I didn't go to jail. Anyway, I just wondered if at all possible I could fight this?
So you were detained based on reasonable suspicion, and had a pot pipe in your pocket (a criminal offense in most jurisdictions), had a box of fireworks (illegal in your area), and were released with just a ticket.

Now, you're mad and want to fight the ticket.

Lord save us from people who can't take "yes" for an answer. :rolleyes:

What would your defense be? That you didn't really have the fireworks?

Do you realize that the officer could still have a criminal charge issued for the pot pipe?
 
Last edited by a moderator:
S

seniorjudge

Guest
cwoodson224 said:
What is the name of your state?
Michigan

Tonight me and a couple of friends decided to go out and light off some fireworks which are illegal in the state of Michigan (firecrackers/bottle rockets). Anyway, we were driving along a road and I decided to pull over to check out all the fireworks. I pulled over completely off the road, put my hazards on and just sat there for a couple of minutes talking with my friends. Meanwhile, we all notice a truck start to pull out of a driveway nearly 100 yards ahead and stop at the end of the drive. I then decided it was a good time to leave so I turned my lights on and drove off. As soon as I passed his driveway, he pulls out and starts to follow me. I took every random turn I could and couldn't lose him. This guy followed me for a good 20 minutes...I thought we should stop somewhere but my friends insisted we keep driving. We ended up getting on the highway with him still following us and next thing I know I'm getting pulled over by 4 police cars (6 total officers).

The officer came to my window and asked to see license, reg..etc. and then asked where we were coming from. Now, I was nervous as hell so I said the first thing that came to my mind, the name of my city, as we were sitting on the off ramp to go to it. This made me sound like a complete idiot so the officer made me get out. He patted me down and discovered a pipe I had forgotten to take out of my pocket. I was cuffed and placed in the back of a cop car for nearly 20 minutes while the police searched my car only to find the box of fireworks. Finally, the officer let me out of the car, uncuffed me and told me to go sit in my car. He told me that he was only going to write me a ticket (and not my friends) for possession of fireworks and said he would "destroy" the pipe and forget about it.

Now, the thing that pisses me off is why I got pulled over in the first place. The guy pulling out of his driveway told the police that we were sitting in front of his house and he thought we were going to break in (apparently there have been break-ins near there). So basically I got pulled over because some **** jumped to a conclusion and called the cops. I mean did they even have a right to pull me over? Now I'm stuck with this ticket and have to go to court on 6/1...which happens to be my mom's birthday. I guess I'm just glad I didn't go to jail. Anyway, I just wondered if at all possible I could fight this?

Q: Anyway, I just wondered if at all possible I could fight this?

A: Yes.
 

cwoodson224

Junior Member
Curt581 said:
A perfectly reasonable suspicion, based on past break-ins in the area.

Yes. They got a complaint. They're obligated to investigate it.

So you were detained based on reasonable suspicion, and had a pot pipe in your pocket (a criminal offense in most jurisdictions), had a box of fireworks (illegal in your area), and were released with just a ticket.

Now, you're mad and want to fight the ticket.

Lord save us from people who can't take "yes" for an answer. :rolleyes:

What would your defense be? That you didn't really have the fireworks?

Do you realize that the officer could still have a criminal charge issued for the pot pipe?
There's no need to be a jackass. I was just wondering what my options were. It's a misdeameanor offense and I wanted to know if it would be worth fighting to try and get off my record. And what complaint were the police "investigating?" A car pulled over on the side of the road, with hazards on, for less that 2 minutes?

Curt581 said:
Do you realize that the officer could still have a criminal charge issued for the pot pipe?
How? He destroyed it.
 
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S

seniorjudge

Guest
cwoodson224 said:
Let me rephrase. Would it be worth fighting? I have no past criminal record.
Your criminal record is irrelevant.

If you think you have a case, then fight it.
 

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