What is the name of your state (only U.S. law)? LA
Long story made short: Someone ran into me on the interstate, cop responded, cop lied on police report, cop gave me ticket, everyone left.
Long version:
Some idiot ran into my car on the interstate. Don't know why, but he just didn't stop in time and hit me. He flashed his lights at me, and rear-ended me. Go figure. While talking with my insurance company I found out that the police report says as follows:
"Driver of vehicle 2 stated he was traveling on I-10 W/B, in the left lane. He passed a truck (vehicle 1) that was in the left lane. After he passed the truck he moved back in the left lane. There were some vehicles in front of him, so he began to slow down. A gray truck (vehicle 1) was tailgating him. He tapped his brakes. He tapped his brakes again and the truck hit his vehicle in the rear. I asked the driver how hard did he apply his brakes. He looked at me with a blank stare on his face. I told him "You and me both know that you slammed on your brakes harder than you are telling me." He looked at me and nodded his head yes."
It's true that I stated I was traveling on I-10 W/B, and that the cop said "You and me both know that you......" but the rest is complete BS. It's not even close to what I said happened.
I have a ticket for 32:104C "Stop Suddenly" which says "No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal." To me, this looks like a ticket for a burned tail light, because section 105 says
"Signals by hand and arm or signal lamps
A. Any stop or turn signal when required herein shall be given either by means of the hand and arm as provided in R.S. 32:106 or by signal lamps, except as otherwise provided in Paragraph B.
B. Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the vehicle is so constructed, loaded or operated as to prevent the hand and arm signal from being visible, both to the front and to the rear." Even if I did slam on the brakes, my tail lights would have light up giving the driver behind me warning and satisfying the provisions of 32:104C.
My vehicle had a current inspection sticker, no previous damage of any kind, and the tail lights worked perfectly after the guy hit me. It seems like the cop's only evidence would be a confession, which if I'm not mistaken would have to be recorded or signed at an absolute minimum to be put into evidence. I found out today that the conversation at the scene when I told the cop what happened was not recorded so he obviously can't submit it into evidence since it doesn't exist (and wouldn't because it would prove him wrong). Without the alleged confession being recorded in any way or signed and in writing, he can't claim to have a confession right? How do you keep a cop from lieing on the stand and using the typical "Well I'm a cop, I don't lie" excuse?What is the name of your state (only U.S. law)?
Long story made short: Someone ran into me on the interstate, cop responded, cop lied on police report, cop gave me ticket, everyone left.
Long version:
Some idiot ran into my car on the interstate. Don't know why, but he just didn't stop in time and hit me. He flashed his lights at me, and rear-ended me. Go figure. While talking with my insurance company I found out that the police report says as follows:
"Driver of vehicle 2 stated he was traveling on I-10 W/B, in the left lane. He passed a truck (vehicle 1) that was in the left lane. After he passed the truck he moved back in the left lane. There were some vehicles in front of him, so he began to slow down. A gray truck (vehicle 1) was tailgating him. He tapped his brakes. He tapped his brakes again and the truck hit his vehicle in the rear. I asked the driver how hard did he apply his brakes. He looked at me with a blank stare on his face. I told him "You and me both know that you slammed on your brakes harder than you are telling me." He looked at me and nodded his head yes."
It's true that I stated I was traveling on I-10 W/B, and that the cop said "You and me both know that you......" but the rest is complete BS. It's not even close to what I said happened.
I have a ticket for 32:104C "Stop Suddenly" which says "No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided herein to the driver of any vehicle immediately to the rear when there is opportunity to give such signal." To me, this looks like a ticket for a burned tail light, because section 105 says
"Signals by hand and arm or signal lamps
A. Any stop or turn signal when required herein shall be given either by means of the hand and arm as provided in R.S. 32:106 or by signal lamps, except as otherwise provided in Paragraph B.
B. Any motor vehicle in use on a highway shall be equipped with, and the required signal shall be given by, signal lamps when the vehicle is so constructed, loaded or operated as to prevent the hand and arm signal from being visible, both to the front and to the rear." Even if I did slam on the brakes, my tail lights would have light up giving the driver behind me warning and satisfying the provisions of 32:104C.
My vehicle had a current inspection sticker, no previous damage of any kind, and the tail lights worked perfectly after the guy hit me. It seems like the cop's only evidence would be a confession, which if I'm not mistaken would have to be recorded or signed at an absolute minimum to be put into evidence. I found out today that the conversation at the scene when I told the cop what happened was not recorded so he obviously can't submit it into evidence since it doesn't exist (and wouldn't because it would prove him wrong). Without the alleged confession being recorded in any way or signed and in writing, he can't claim to have a confession right? How do you keep a cop from lieing on the stand and using the typical "Well I'm a cop, I don't lie" excuse?What is the name of your state (only U.S. law)?