Cop said one thing wrote a ticket for something else

[Andvarix]

What is the name of your state (only U.S. law)? Florida

I work for a defense firm in florida and a FHP decided to give me a ticket for failing to fully stop taking a right turn on red barely 50 yards or less from the off-ramp that leads into my facility.

The thing is he had to make a U-turn at the light and by the time he caught up to me I was already on my way into the security checkpoint where I work. The area was/still is heavily under construction on both sides since they were building a new on ramp and I didnt want to stop in the middle of a 6 lane entrance street that my ramp merged onto during the mourning rush hour into work. I figured I'd go through the gate and go to the parking lot areas because after the checkpoint the road filters down to a 1 lane pass through and I didnt want to block traffic. All of this was going 5-10mph through the security and into the parking lot.

He must have been angry or something but he was threatening me with criminal fleeing and eluding which scared me because I have security clearance and a criminal conviction would get me fired from my job. However, after threatening me and saying he could have me thrown in jail and my car towed and what not he gave me a ticket that had NOTHING to do with fleeing and eluding. It was 136$ for "Failure to get out of the way of an emergency vehicle on route to an existing emergency". Needless to say this was better because its non-criminal but I still had my plant security call me and check on the ticket he wrote to see if it was a criminal offense and if they had to write me up to get fired. Also, as there is no way he would ever be going through my companies private property on his way to another emergency and infact that was not why he wrote the ticket I have no idea what this falls under for going after that guy.

Is there anything I can do or what kind of lawyer do I need to go after the cops for this?

 

[JETX]

Is there anything I can do or what kind of lawyer do I need to go after the cops for this?

ROTFLMAO!!!
The cop cut you a break and you are whining about going "after the cops for this"???

You will need a VERY good lawyer if you think you are going to avoid this one. In fact, the officer might just decide to 'undo' his break and issue you the citation you originally deserved.

 

[proud_parent]

Is there anything I can do...?

You mean, besides send the officer a humble thank you for charging you with a minor infraction instead of a third degree felony?

 

[I_Got_Banned]

What is the name of your state (only U.S. law)? Florida

I work for a defense firm in florida and a FHP decided to give me a ticket for failing to fully stop taking a right turn on red

You say that as if to suggest that those who "work for defense firms in Florida" should be immune from getting a ticket.

That's all...

EDIT: That is where i stopped reading. I commented and now I see that I should be glad i read the rest of your post. Good luck though...

 

[Andvarix]

ROTFLMAO!!!
The cop cut you a break and you are whining about going "after the cops for this"???

You will need a VERY good lawyer if you think you are going to avoid this one. In fact, the officer might just decide to 'undo' his break and issue you the citation you originally deserved.

Cut me a break? Are you serious He didnt have to stick the 2nd ticket on there at all. He was either told that mourning to start writing more tickets or he's fired or he is just being a jerk for no reason cause he hates his job. He starts chasing me at a security checkpoint (Thats a checkpoint with armed guards and gates and cameras for those of you who apparently dont know). So yea where was I gonna pull over unless I go through and get to the parking lot thats behind the gate?

So fleeing and eluding is out right there and him going to another emergency through my companies facility is highly unlikely.

And for your information to have stuck me with fleeing and eluding he had to do 2 things:
1) Had his lights and sirens ON, which he did not he only had his lights on.
2) He had to give me verbal commands to pull over, which again he did not and Im 100% positive because I had my window down the whole time.

I also can produce about 15 witnesses that followed us into the plant that can testify to the above and that there is no good place to pull over in the company facility. So you still think I cant get this whole ticket thrown out?

 

[JETX]

Are you serious He didnt have to stick the 2nd ticket on there at all. He was either told that mourning

I am sort of shocked to find out that our government is now hiring illiterates who have NO idea how to put a sentence together ("didn't" and 'overlooked' question mark/sentence end) or to spell ("morning").
Hope your 'space job' is at a janitor.... and not one requiring a modicum of intelligence or professionalism.

He starts chasing me at a security checkpoint (Thats a checkpoint with armed guards and gates and cameras for those of you who apparently dont know). So yea where was I gonna pull over unless I go through and get to the parking lot thats behind the gate?"

Better get your stories straight. In your original post, you said that the officer "decided to give me a ticket for failing to fully stop taking a right turn on red barely 50 yards or less from the off-ramp that leads into my facility"
Now you say that it was "at a security checkpoint". Which lie are you going to go with in court??

So fleeing and eluding is out right there and him going to another emergency through my companies facility is highly unlikely.

Now you just have to convince the COURT of your version of the facts. Want to bet how that is going to go??

And for your information to have stuck me with fleeing and eluding he had to do 2 things:
1) Had his lights and sirens ON, which he did not he only had his lights on.
2) He had to give me verbal commands to pull over, which again he did not and Im 100% positive because I had my window down the whole time.

Ignorant and Stupid!!

Here is the Florida Law on what constitutes 'fleeing and eluding':
316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.--
(1) It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Nothing in there about lights and sirens... or verbal command to pull over. Lights and sirens only come into play when determining the seriousness (felony) of the charges.

I also can produce about 15 witnesses that followed us into the plant that can testify to the above and that there is no good place to pull over in the company facility.

Great..... then it should be pretty easy to get the citation dismissed when you haul all of them into court to testify to your defense.

So you still think I cant get this whole ticket thrown out?

No one, not even you, can GUESS what might happen in court.

 

[You Are Guilty]

Wow. Thanks for the heads up! When I go to Florida and a police car gets behind me. I should just pull over in case I unknowningly committed a traffic infraction in their presence. Better safe over being charged with fleeing and eluding. Guess not willfully trying to flee and elude is not a defense either! Wow. Florida must be the only state that a police officer can use mental telepathy to start a traffic stop. Oh, forgot Scientology has their head office in Clearwater, guess they transplanted some citizen chip to mind read the police. At least I recall reading something about that!

Are you trying to prove you're an idiot with every one of your posts? The OP clearly stated the officer had his lights on. The statute requires the driver to have "knowledge that he or she has been ordered to stop". Do I really need to connect the dots for you?

Please, try not to hit "reply" if you have no clue about the law.

 

[Andvarix]

Ignorant and Stupid!!

Here is the Florida Law on what constitutes 'fleeing and eluding':
Nothing in there about lights and sirens... or verbal command to pull over. Lights and sirens only come into play when determining the seriousness (felony) of the charges.

You know you have got to be the dumbest person to respond to my post. HERE is the whole florida law for fleeing and eluding and he didnt do anything in this. Ill bold the important parts because you seem to have trouble reading.


316.1935 Fleeing or attempting to elude a law enforcement officer; aggravated fleeing or eluding.--

(1) It is unlawful for the operator of any vehicle, having knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer, willfully to refuse or fail to stop the vehicle in compliance with such order or, having stopped in knowing compliance with such order, willfully to flee in an attempt to elude the officer, and a person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(2) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(3) Any person who willfully flees or attempts to elude a law enforcement officer in an authorized law enforcement patrol vehicle, with agency insignia and other jurisdictional markings prominently displayed on the vehicle, with siren and lights activated, and during the course of the fleeing or attempted eluding:

(a) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Drives at high speed, or in any manner which demonstrates a wanton disregard for the safety of persons or property, and causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person's vehicle, commits a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing the offense described in this paragraph to a mandatory minimum sentence of 3 years imprisonment. Nothing in this paragraph shall prevent a court from imposing a greater sentence of incarceration as authorized by law.

(4) Any person who, in the course of unlawfully leaving or attempting to leave the scene of a crash in violation of s. 316.027 or s. 316.061, having knowledge of an order to stop by a duly authorized law enforcement officer, willfully refuses or fails to stop in compliance with such an order, or having stopped in knowing compliance with such order, willfully flees in an attempt to elude such officer and, as a result of such fleeing or eluding:

(a) Causes injury to another person or causes damage to any property belonging to another person, commits aggravated fleeing or eluding, a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(b) Causes serious bodily injury or death to another person, including any law enforcement officer involved in pursuing or otherwise attempting to effect a stop of the person's vehicle, commits aggravated fleeing or eluding with serious bodily injury or death, a felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The felony of aggravated fleeing or eluding and the felony of aggravated fleeing or eluding with serious bodily injury or death constitute separate offenses for which a person may be charged, in addition to the offenses under ss. 316.027 and 316.061, relating to unlawfully leaving the scene of a crash, which the person had been in the course of committing or attempting to commit when the order to stop was given. Notwithstanding any other provision of law, the court shall sentence any person convicted of committing aggravated fleeing or eluding with serious bodily injury or death to a mandatory minimum sentence of 3 years imprisonment. Nothing in this subsection shall prevent a court from imposing a greater sentence of incarceration as authorized by law.

(5) The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver's license of any operator of a motor vehicle convicted of a violation of subsection (1), subsection (2), subsection (3), or subsection (4).

(6) Notwithstanding s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section. A person convicted and sentenced to a mandatory minimum term of incarceration under paragraph (3)(b) or paragraph (4)(b) is not eligible for statutory gain-time under s. 944.275 or any form of discretionary early release, other than pardon or executive clemency or conditional medical release under s. 947.149, prior to serving the mandatory minimum sentence.

(7) Any motor vehicle involved in a violation of this section is deemed to be contraband, which may be seized by a law enforcement agency and is subject to forfeiture pursuant to ss. 932.701-932.704. Any vehicle not required to be titled under the laws of this state is presumed to be the property of the person in possession of the vehicle.


Let that sink in JETX and then DONT get back to me cause you have nothing to offer for helpful advice.

Does anyone on this bored have any relevant insight as to what kind of lawyer fights a falsely issued ticket?

I have to get a lawyer to fight this ticket because he stuck license points on it and if I dont get it off I have to go do traffic school as well as since you can only do that 5 times in your life I dont want to waste one on a false ticket. So I thought I might see what kind of lawyer I need since the traffic lawyer didnt seem to know how to deal with my second ticket because it was falsely issued and hes not really fighting the charge it was issued under.

Thanks

 

[JETX]

You know you have got to be the dumbest person to respond to my post. HERE is the whole florida law for fleeing and eluding and he didnt do anything in this. Ill bold the important parts because you seem to have trouble reading.

Since you have already shown (in your posts) that you can't understand English.

First, your post said you were cited for "failing to fully stop taking a right turn".
You then whined and cried (boohoo!!) about the fact that you claim the officer THREATENED you with "criminal fleeing and eluding". Nothing in your post says that you were actually cited for that.... or that it was AGGRAVATED FLEEING.... as your recent cite appears to claim.

Second, unless you were actually cited for AGGRAVATED FLEEING, your post providing that statute is useless.

Third, the cite that I provided is ACCURATE based on the information in your post... if you had been cited for 'criminal fleeing and eluding" as your own post says.

Fourth, get an attorney. If you try to represent yourself in court, you might just end up with a felony conviction, lose your job and spend time in the county jail (if justice really prevails).

 

[poncho]

The OP clearly stated the officer had his lights on. The statute requires the driver to have "knowledge that he or she has been ordered to stop". Do I really need to connect the dots for you?

Please, try not to hit "reply" if you have no clue about the law.

Just because a police car has its lights on during the day, sometimes its hard to see the police car lights behind you (sun in eyes). If OP failed to stop even after a horn/verbal indication, its still hard for the Police to prove the driver did have "knowledge", that the lights and sirens noise, etcetera, were intended for him/her. In this case the only "dot" connector that matters is the Judge. The police need to prove OP had "knowledge" and even if he did, a million other factors could be argued in defense of OP. Probably take two seconds to find more than a dozen case law cites pertaining to this charge.

My only advice other than get a lawyer. Search for cases that were victorious defending against this charge, to cite and base your law full argument on.

 

[You Are Guilty]

Just because a police car has its lights on during the day, sometimes its hard to see the police car lights behind you (sun in eyes). If OP failed to stop even after a horn/verbal indication, its still hard for the Police to prove the driver did have "knowledge", that the lights and sirens noise, etcetera, were intended for him/her. In this case the only "dot" connector that matters is the Judge. The police need to prove OP had "knowledge" and even if he did, a million other factors could be argued in defense of OP. Probably take two seconds to find more than a dozen case law cites pertaining to this charge.

My only advice other than get a lawyer. Search for cases that were victorious defending against this charge, to cite and base your law full argument on.

And your point is?

My reply addressed the fact that the now-banned idiot suggested that the ONLY way to be found guilty of fleeing/eluding is if both the lights and sirens were activated. That's simply not true, as I noted in my post. I never said that in every case, lights alone is all that's needed - just that it can be.

In any event, our OP already admitted he had the requisite knowledge, so it's academic.

 

[Nativity]

The area was/still is heavily under construction on both sides since they were building a new on ramp and I didnt want to stop in the middle of a 6 lane entrance street that my ramp merged onto during the mourning rush hour into work.

That's so sad, why were they mourning?

 

[I_Got_Banned]

Just because a police car has its lights on during the day, sometimes its hard to see the police car lights behind you (sun in eyes). If OP failed to stop even after a horn/verbal indication, its still hard for the Police to prove the driver did have "knowledge", that the lights and sirens noise, etcetera, were intended for him/her. In this case the only "dot" connector that matters is the Judge. The police need to prove OP had "knowledge" and even if he did, a million other factors could be argued in defense of OP. Probably take two seconds to find more than a dozen case law cites pertaining to this charge.

My only advice other than get a lawyer. Search for cases that were victorious defending against this charge, to cite and base your law full argument on.

Yeah, that’s a pretty weak argument there...

First of all, if the sun is in your eye, it usually doesn't take us less than a second to pull down the visor. There, now he can see... So what the argument for the rest of however long the OP drove before he got past the gate?

Second, and more importantly, whether a police car has its lights on during the day or at night, the law -in EVERY state- requires us ALL to yield to that police/emergency vehicle by merging as far as possible to the right.

Typically for me, that's a few seconds of "Oh, ****, is he after me?" And as soon as my car is stopped -I’m wishful thinking- and I'm no longer looking in the rear view mirror, I'm looking over my left shoulder and hoping I will see flashing lights whiz by me...

If the officer is after me, I'll find out soon enough. If on the other hand he's headed to a call somewhere else, then I'll be on my merry way in less that a few seconds.

Let's assume that the officer was in fact on his way to a call somewhere else, and by continuing to drive, the OP would have been in violation of a failure to yield to an emergency vehicle.

Although our Holier than thou OP is under the impression that once he's past that "security gate" he's immune from receiving a citation, that in and of itself -him running and hiding behind the gate- raised the stakes in his case. So instead of "Failure to Yield" he gets written up for "Fleeing"...

 

[Jim_bo]

Can someone explain to me why a select group of people love to argue with anyone who would try to offer help or ask for help rather than simply try to be helpful. I can imagine that if one of these people were at an accident scene, they'd be arguing with a rescuer on how to give CPR!! A person that sits around waiting for someone in need to arrive just so they can swoop down and pick at their bones is nothing more than a vulture. Of all the threads on this site, probably 75% of them have a vulture flying through. Once the vulture flies in, attention is distracted from the OPs problem because a vulture is a vain animal. They need all of the attention and they can't let the OP have any. If they can't find legitimate issues to pick at, they simply start criticizing spelling and grammar.

This site is far worse off because of the behaviour of the vultures. How sad.

 

[FlyingRon]

Can someone explain to me why a select group of people love to argue with anyone who would try to offer help or ask for help rather than simply try to be helpful.

Can someone explain to me why some people come here with apparently no other purpose than to give wildly incorrect information and to carp about the other posters?