Failure to Comply...lying officer

[songstress1212]

What is the name of your state? New York

Last week I was trying to get onto the Lincoln Tunnel. I was stopped at a red light right near the Lincoln Tunnel entrance around 40th street and I think it was 11th and tried to get a traffic cop's attention to see if he could help me. While I was sitting at this red light (I was the only car at the light), there was a bus moving toward the entrance to the Lincoln Tunnel. The traffic cop directed the bus to stop but never once turned toward me. He proceeded to move the cones around near the entrance and looked as if he was closing the entrance and not going to let the bus in. The light then turned green and I inched up to see if I could get close to the traffic cop to ask him where I could go to get back onto the Tunnel. He then turned around and screamed at me to stop and back up. I screamed back for him to calm down and I stopped and backed up. He then angrily came up to me and asked me for my license which I gave to him. I then proceeded to ask him what I did wrong if I stopped when he asked me to and backed up like he asked. I will admit I was angry and it showed. He told me to pull over which I did and when he came up next to my car I asked him again what I did wrong. He told me I failed to comply. Now, he never once told me to stop when the light turned green. He only noticed I was there once I started to move up. I explained this to him and he said, "I was insulting his intelligence" I then told him he was insulting mine and he proceeded to write me a 90 dollar ticket. I have two witnesses in the car who could not believe what this officer was doing. He was a bold faced liar and pretty much gave me a ticket because he was having a bad day and did not like my attitude. I never knew officers were allowed to give tickets out for having a bad day. Does anyone know if I have a chance of winning this if I fight it?? I know he will show up because we exchanged some pretty harsh words and told me to make sure I hold onto my ticket.

[Shay-Pari'e]

[quote=songstress1212]What is the name of your state? New York

Last week I was trying to get onto the Lincoln Tunnel. I was stopped at a red light right near the Lincoln Tunnel entrance around 40th street and I think it was 11th and tried to get a traffic cop's attention to see if he could help me. While I was sitting at this red light (I was the only car at the light), there was a bus moving toward the entrance to the Lincoln Tunnel. The traffic cop directed the bus to stop but never once turned toward me. He proceeded to move the cones around near the entrance and looked as if he was closing the entrance and not going to let the bus in. The light then turned green and I inched up to see if I could get close to the traffic cop to ask him where I could go to get back onto the Tunnel. He then turned around and screamed at me to stop and back up. I screamed back for him to calm down and I stopped and backed up. He then angrily came up to me and asked me for my license which I gave to him. I then proceeded to ask him what I did wrong if I stopped when he asked me to and backed up like he asked. I will admit I was angry and it showed. He told me to pull over which I did and when he came up next to my car I asked him again what I did wrong. He told me I failed to comply. Now, he never once told me to stop when the light turned green. He only noticed I was there once I started to move up. Why would he tell you to stop if you were already stopped? He told you to stop after you started moving. Makes perfect sense to me.

I explained this to him and he said, "I was insulting his intelligence" I agree.

I then told him he was insulting mine and he proceeded to write me a 90 dollar ticket. I have two witnesses in the car who could not believe what this officer was doing. He was a bold faced liar and pretty much gave me a ticket because he was having a bad day and did not like my attitude. I never knew officers were allowed to give tickets out for having a bad day. Does anyone know if I have a chance of winning this if I fight it?? I know he will show up because we exchanged some pretty harsh words and told me to make sure I hold onto my ticket.

What did he write the ticket for?

[songstress1212]

Why would he tell you to stop if you were already stopped? He told you to stop after you started moving. Makes perfect sense to me.
He told me to stop once he noticed I was inching toward him. I did not try and speed past him because I was trying to ask him how I would get back onto the Lincoln Tunnel lane since I had missed my turn and the traffic was crazy. He never directed me not to go when the light turned green. I even waited a few seconds to see if he would tell me not to go. He yelled at me to STOP so I stopped and backed up to get out of the intersection. Then completely stopped. How is that failing to comply? The officer clearly gave me a ticket for a bad attitude and the last time I checked, there are no violation codes for a bad attitude.

I explained this to him and he said, "I was insulting his intelligence" I agree
The two people who were in the car with me saw everything that happened. The officer could not tell me what I did wrong after asking him this question about 3 times. It took him a few minutes to decide it was a fail to comply ticket. I should know not to ask an officer what Ive dont wrong because the last time I was pulled over in Harlem and asked what I had done wrong, the officer told me to shut up and this was "his world and he could punch me in the face right now if he wanted to" They searched (ripped the seats out of my car) and then let me go with no explanation of what they were searching for and why, so obviously I had not done anything wrong that time. Officers do not like to be asked what you have done wrong. They feel superior and obviously feel that us "inferior" people are not owed an explanation. Just because I am young, I do not deserve this treatment.
I am a good driver with very few tickets under my belt. The last ticket I received, I knew it was my fault and I paid the ticket and went on with my life. When I know Ive done something wrong I do not fight it. This moody officer insulted my intelligence.



The ticket was for "Failure to Comply" I did everything he asked me to do. Stopped and backed up to get out of the intersection. There was no way for me to try and pass him because there was a bus blocking the intersection about 5 feet in the other direction.

[CdwJava]

When you go to court bring your witnesses with you. The officer will have his say, you and your witnesses will have your say, and the judge will make a determination as to whether you committed a violation or not.

And all because perceptions differ does not mean that the officer is lying. Let me tell you, standing in a road conducting traffic is hazardous and nerve-wracking duty, and not only do we get cranky, but we often get clipped by cars that "inch" their way thorugh or around barriers.

- Carl

[songstress1212]

Thats what I have to do I guess. I completely understand the job is very very dangerous. Coincidentally, earlier that day when I passed one by I mentioned how that job must be scary. I can honestly say I was no where near him to scare him. And IM almost positive if I would have stopped and backed up without telling him to calm down, he would have let me go. But I dont think his ego liked me telling him that. Thanks for the response.

[JLR80]

[quote=Shay-Pari'e]

Originally Posted by songstress1212

He then turned around and screamed at me to stop and back up. I screamed back for him to calm down and I stopped and backed up.

I explained this to him and he said, "I was insulting his intelligence" I agree.

I then told him he was insulting mine and he proceeded to write me a 90 dollar ticket. I have two witnesses in the car who could not believe what this officer was doing. He was a bold faced liar and pretty much gave me a ticket because he was having a bad day and did not like my attitude. I never knew officers were allowed to give tickets out for having a bad day.
What did he write the ticket for?

Remember this infamous quote the circulates the law enforcement community: nature of the violation plus past driving history divided by YOUR attitude equals outcome of the traffic stop!

Police officers are human beings too. Ride with one and experience what it's like to be a LEO for a day and it may change your perspective. I would suggest you pay the fine and move on, but learn from the experience.

[lwpat]

Does anyone know if I have a chance of winning this if I fight it??

In NYC you have almost a 0% chance of winning any traffic ticket.

[You Are Guilty]

Originally Posted by lwpat

In NYC you have almost a 0% chance of winning any traffic ticket.

lol

Not entirely correct, but pretty damn close. However, if the officer doesn't show, then the OP has a shot. (Although if he does make it to court to testify, I'd make sure I have $90 extra in my wallet that day).

[songstress1212]

I finally had my court case 6 months after the summons was issued and NOT GUILTY. I guess it helped that the officer lied and messed up his story. He decided to fabricate a new story and say that I was honking my horn at him. I could not believe how he swore under oath and then lied right through his teeth. I guess sometimes justice is served. WOOHOO

[gawm]

Congratulations! Did you bring the witnesses w/ you to court. Did the judge indicate why he/she found in your favor?