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Entrapment? Wasn't driving

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240designworks

Junior Member
California: So My brother just came back from the airport and was driving a manual car to where i was living and he got lost and kept stalling the car because it was his first time driving stick shift. He had called me so i pulled over to a spot that was easily seen for my brother. (It was lost and it was dark) on the side of the road for about 2 minutes while on the phone with him. A motorcycle cop then pulls up to me and i expain that I'm waiting here on the side so that i can flash my brights and my brother can find me. (a couple hundred feet away from where I was living.) The officer then asked if my brother knew where the popeyes chicken was(across the street) I said yes, and he said well, why don't you tell him to meet you there? I said thats a great idea and drove across the street. He then follows me and I'm thinking, Great! he's gonna try and help us. I then am stepping out of the car to try and wave him down and the officer tells me to stay in the car. (His lights didn't go off) I then asked, are you pulling me over? He said yes, I asked for what? He then said my taillights were off. (It was my roommates car i borrowed) So I explained that. He looked everything up, says that my license was suspended for failure to appear in court. (It was an out of state license case that i was out of state for. I previously had already made another case, went to court and had it dismissed by the judge who ruled i was a dual resident and stated my license was just fine w/ no incidents since so the suspended license was a huge surprise to me.) I explained that to him in which he said he hears this all the time and that the car had to be impounded and all this other nonsense. My friends told me that this is a classic example of entrapment since I wasn't driving, and that he should've told me about the taillights prior to me driving to Popeyes as the officer suggested. I just asked the cop for help and this is what i got. How should i handle it?
 
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Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California
Entrapment rarely means what folks seem to think it means.

Please either click to "edit" your post, or reply to it to continue. The forum's "preview" button tends to eat posts...you shouldn't use it. I'd also recommend that you type your post in a separate program and then copy/paste it here.
 

240designworks

Junior Member
Entrapment rarely means what folks seem to think it means.

Please either click to "edit" your post, or reply to it to continue. The forum's "preview" button tends to eat posts...you shouldn't use it. I'd also recommend that you type your post in a separate program and then copy/paste it here.
Fixed. Thank you.
 

Zigner

Senior Member, Non-Attorney
California: So My brother just came back from the airport and was driving a manual car to where i was living and he got lost and kept stalling the car because it was his first time driving stick shift. He had called me so i pulled over to a spot that was easily seen for my brother. (It was lost and it was dark) on the side of the road for about 2 minutes while on the phone with him. A motorcycle cop then pulls up to me and i expain that I'm waiting here on the side so that i can flash my brights and my brother can find me. (a couple hundred feet away from where I was living.) The officer then asked if my brother knew where the popeyes chicken was(across the street) I said yes, and he said well, why don't you tell him to meet you there? I said thats a great idea and drove across the street. He then follows me and I'm thinking, Great! he's gonna try and help us. I then am stepping out of the car to try and wave him down and the officer tells me to stay in the car. (His lights didn't go off) I then asked, are you pulling me over? He said yes, I asked for what? He then said my taillights were off. (It was my roommates car i borrowed) So I explained that. He looked everything up, says that my license was suspended for failure to appear in court. (It was an out of state license case that i was out of state for. I previously had already made another case, went to court and had it dismissed by the judge who ruled i was a dual resident and stated my license was just fine w/ no incidents since so the suspended license was a huge surprise to me.) I explained that to him in which he said he hears this all the time and that the car had to be impounded and all this other nonsense. My friends told me that this is a classic example of entrapment since I wasn't driving, and that he should've told me about the taillights prior to me driving to Popeyes as the officer suggested. I just asked the cop for help and this is what i got. How should i handle it?
This was not entrapment at all.

You have several issues here - what, exactly are you asking for help with?
 

FlyingRon

Senior Member
Your friends have no idea what entrapment was. This was not entrapment even if he noticed your lights weren't working before you moved the car. He could have written you up with the taillights burned out even when you were parked on the side of the highway.

Most likely he was too busy trying to figure out why you were illegally flashing your high beams to notice the lack of tail lights.

Further, it matters NOT why your license was marked suspended. Frankly, I don't understand or believe your convoluted story about your prior court cases. If your license comes up suspended, he's free to arrest and tow for not having a valid license.

What did you get charged with?

What you need to do is get your license situation straightened out.
 

HighwayMan

Super Secret Senior Member
I just asked the cop for help and this is what i got. How should i handle it?
Handle what? You provided us with all kinds of irrelevant information but failed to come out and say what you were actually ticketed for.

This is not entrapment - you were stopped for a traffic violation (either your tail lights did not work or you were driving with no lights on - you haven't said which). It doesn't matter that the officer was trying to help you or not. You WERE driving weren't you? How can you say you weren't? Besides, operating a motor vehicle doesn't mean it has to be in motion.

I was on a traffic stop once and a guy pulled up next to me to ask for directions. I gave him the directions as I was finishing writing the first person a ticket. As this guy drove off I saw that he had a Florida plate with an expired registration sticker. I gave the first motorist his ticket then went after and stopped the directions guy. I ran his plate and it indeed came back expired (for more than two years). I impounded his car and wrote him. Perfectly legitimate action as was that which was taken against you.
 

240designworks

Junior Member
Handle what? You provided us with all kinds of irrelevant information but failed to come out and say what you were actually ticketed for.

This is not entrapment - you were stopped for a traffic violation (either your tail lights did not work or you were driving with no lights on - you haven't said which). It doesn't matter that the officer was trying to help you or not. You WERE driving weren't you? How can you say you weren't? Besides, operating a motor vehicle doesn't mean it has to be in motion.

I was on a traffic stop once and a guy pulled up next to me to ask for directions. I gave him the directions as I was finishing writing the first person a ticket. As this guy drove off I saw that he had a Florida plate with an expired registration sticker. I gave the first motorist his ticket then went after and stopped the directions guy. I ran his plate and it indeed came back expired (for more than two years). I impounded his car and wrote him. Perfectly legitimate action as was that which was taken against you.
Your friends have no idea what entrapment was. This was not entrapment even if he noticed your lights weren't working before you moved the car. He could have written you up with the taillights burned out even when you were parked on the side of the highway.

Most likely he was too busy trying to figure out why you were illegally flashing your high beams to notice the lack of tail lights.

Further, it matters NOT why your license was marked suspended. Frankly, I don't understand or believe your convoluted story about your prior court cases. If your license comes up suspended, he's free to arrest and tow for not having a valid license.

What did you get charged with?

What you need to do is get your license situation straightened out.
Well if you don't believe it, most likely the judge won't believe it but it's the truth. Had I been driving my car I could've shown him the dissolution papers right then and there but unfortunately that wasn't the case. I didn't flash my lights because my brother hadn't seen me which is why I wanted to try and wave him down. Was charged with suspended license and wanted to get reimbursed on the impound charges and the ticket waved. I'm in Minnesota now (we were literally leaving that night so the whole things a big mess.)

Thanks for taking the time to write back though. I won't ask the police for help again.
 

Zigner

Senior Member, Non-Attorney
Well if you don't believe it, most likely the judge won't believe it but it's the truth. Had I been driving my car I could've shown him the dissolution papers right then and there but unfortunately that wasn't the case. I didn't flash my lights because my brother hadn't seen me which is why I wanted to try and wave him down. Was charged with suspended license and wanted to get reimbursed on the impound charges and the ticket waved. I'm in Minnesota now (we were literally leaving that night so the whole things a big mess.)

Thanks for taking the time to write back though. I won't ask the police for help again.
Why would you be reimbursed on the impound charges? :confused::confused:
Why would you expect the ticket to be "waived"? :confused::confused:
 

Silverplum

Senior Member
Well if you don't believe it, most likely the judge won't believe it but it's the truth. Had I been driving my car I could've shown him the dissolution papers right then and there but unfortunately that wasn't the case. I didn't flash my lights because my brother hadn't seen me which is why I wanted to try and wave him down. Was charged with suspended license and wanted to get reimbursed on the impound charges and the ticket waved. I'm in Minnesota now (we were literally leaving that night so the whole things a big mess.)

Thanks for taking the time to write back though. I won't ask the police for help again.
Why not?

IMO, the mature and responsible conclusion to reach is that it's best/cheapest/easiest to have a clean record when driving, and to take care of tickets asap, and to follow the law. Or pay the consequences for making different choices.
 

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