• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Can I get a summons for flipping off an off duty cop

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

brisaacs

Junior Member
What is the name of your state (only U.S. law)? NJ

I live in NJ. I was driving the speed limit (MPH), and a car pulled out without stopping at the stop sign. They then slowed down to MPH. I honked my horn at them. And when the road became 2 lanes, I passed them and gave them the finger.
The driver of the other car, then quickly pulled up next to me and flashed his badge, making me pull over. I had no idea he was a cop, as there were no markings on his car. He's a lieutenant
He called in for a patrol car to pull up and assist him. They took my license, insurance, and registration. They went back to their cars, and did whatever they do.
The lieutenant then handed me my paperwork back and said there will be a summons mailed to me. I was then free to leave.
I was never told what exactly I was pulled over for.
Is this legal? Can I fight this if I actually get a summons?
Thank you
 


Zigner

Senior Member, Non-Attorney
You might be getting a ticket for the horn honk...

Or, possibly, for improper passing...


39:3-69. Every motor vehicle except a motor-drawn vehicle when operated upon a highway shall be equipped with a horn in good working order and capable of emitting sound audible under normal conditions from a distance of not less than 200 feet, but no horn or other warning device shall emit an unreasonably loud or harsh sound or a whistle. The driver of a motor vehicle shall, when reasonably necessary to insure safe operation, give audible warning with his horn but shall not otherwise use such horn when upon a highway.
 

brisaacs

Junior Member
How can it be an improper pass, if it was legal to do so?

And should I've been told on the spot as to why I was pulled over?
 

Zigner

Senior Member, Non-Attorney
How can it be an improper pass, if it was legal to do so?
I don't know the circumstances...it was just a thought. But based on your post, it's clear that you violated the law by honking your horn.

And should I've been told on the spot as to why I was pulled over?
Doesn't matter.
 

TheGeekess

Keeper of the Kraken
And how do you know he was off duty? I have a brother that's a police lieutenant, and he drives an unmarked car and wears street clothes. :cool:
 

CSO286

Senior Member
And how do you know he was off duty? I have a brother that's a police lieutenant, and he drives an unmarked car and wears street clothes. :cool:
I left work early yesterday and on my way home I saw a car pulled off to the side of the road. Recoginizing the perosn behind the wheel as a member of my church, I turned around and pulled up behind him, figuring I'd offer a hand or ride....

He was speedtrapping, plainclothes, in an unmarked car.

Didn't need my help.

But he told me I was going 59 in a 55 **************:eek::p
 

randomguy

Member
I personally would have given him a middle finger and kept driving. Just because someone flashes a badge do not make them a cop. FYI owning a badge is not illegal, using it outside of private property is illegal. If he was really a cop, he would call for black/white which would make proper stop.
 

asiny

Senior Member
So there is a law in NJ that says you must pull over for anyone in any car who pulls up beside you waving something that might or might not be a "badge"?
No. But, under the circumstances, the OP chose to. The OP could have continued driving until an actual police cruiser ordered him to pull over.

In NJ there was a spate of 'unmarked vehicles' with police-style lights pulling over cars - then "extorting" to not ticket them and other instances of rape.

This prompted NJ to issue (I don't believe it was made a law) that, under reasonable suspicion, a driver does not have to pull over for an unmarked vehicle if they do not feel it is a real officer. BUT that does not mean you can just keep driving. In the same statement they make the recommendation that if you can stop in a pedestrian populated area (or where you do feel safe to stop), then do so. Or you can call 911 from your mobile phone - if available - and they would send a cruiser to actually give YOU safe assistance... just in case.

OP - when you get the summons, please let us know what you were cited for... this could help in any users thoughts on the actual citation.
 
Last edited:

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top