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Failure to signal turn 1163A - possible defense please.

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mat_919

Junior Member
Regardless of if I am guilty or innocent, I would like to mention in the beginning, that I am a LEO working for Federal Government, and during my traffic stop I didn’t want to identify myself as one, for a few reasons. My agency doesn't want us to do that, since it “undermine our image”. If it wouldn’t work and PO was a total a**hole I could get in trouble. Finally my personal principles. I believe that as a ELO we should be held to a higher standard.

I am personally disgusted with all the traffic violations I see everyday going to and coming back from work, that are far more serious then mine but “where’s police when you need them”, right?
I am even more upset with NYPD ticket quota system. No denial, we all know it is true. Even from my professional experience, citations and penalties are sometimes unjust since we “prey” on week, defenseless and uneducated. That is why I refuse personally to participate in such practices.

What’s funny (or rather tragic) I was stopped almost precisely 7 years ago for failure to stop at the stop sign in almost identical circumstances. I did a rolling stop with no cars around in sight at 1:29AM at night. End of the month, not even 300 ft. from a precinct, at coming back from work after 14hr shift. NYPD Cruiser was hiding like a predator. Again, principles. I plead guilty and paid the ticket.

Anyway today (01/21), I was pulled over in Queens, NY, about 300 ft. from a precinct, at 1:15AM coming back home after I finished my shift for a 1163A “failed to signal” (left turn).

After I pulled over, first I was first surprised, then stunned to find out why. Before I tried to sweet talk myself out of this, it was over.

I honestly don’t remember wether I did or didn’t signal the turn and even going back to my dash cam DVR’s recordings at home didn’t help me much.
Front camera didn’t record any flicker sounds as I was listening to the music and rear DVR, to my astonishment hasn’t been recording for months. Just my luck (or lack of).

I was trying to come up with some defense approaches, but I don’t know if they’ll fly in court.
Simplifying, intersection was a “T” shaped, with me approaching from the stomp side and turning left into one way street. Now that I think of it what’s the point of signaling if there’s nowhere else to go but left? It’s like entering an elevator on a ground floor and asking “going up or down”? Is this valid ground for dismissal. Probably not.
Mind you, there are no other cars around!!! to endanger anybody for failing to signal.
I was definitely in no violation with 1160. If anything I was in violation of 1163B, not A.

BTW, what happened to “innocent until proven guilty”? Would a cop have his dash cam video to prove I was in fault? How long do they keep it for?
How is the “cat and mouse” game to appear in court work? How do I reschedule my hearing? Is there any way to find out if cop is going to appear, and then show up myself or not to get hearing rescheduled or ticked dismissed?
Any advice would be greatly appreciated.

Thanks
 


Zigner

Senior Member, Non-Attorney
BTW, what happened to “innocent until proven guilty”?
A LEO wouldn't ask that. A LEO would know that "innocent until proven guilty" applies in court, not on the road side. A LEO would know that, in court, the "prosecution" will have a chance to produce their evidence, and then he will have the chance to produce his evidence. If his evidence is enough to overcome the evidence of the prosecution, then he wins. If not, then he loses.
 

FlyingRon

Senior Member
You should as an LEO also know that the law doesn't say "give a signal unless you think it's pointless" it says "No person shall so turn any vehicle without giving an appropriate signal in the manner hereinafter provided."
You don't signal a turn, no matter what the reason, you are guilty.

Further you should also know that in the case where the officer witnesses the violation is sufficient proof. Your "I don't know if I did or I didn't" isn't going to cut it. Even if you lie and insist you did, the officer is generally found more credible than the accused.
 

OHRoadwarrior

Senior Member
I believe that as a ELO we should be held to a higher standard.
Then you should be accepting the penalty for your transgression like a man/woman instead of trying to find a way to weasel out of it.:confused:
 

HighwayMan

Super Secret Senior Member
NYPD Cruiser was hiding like a predator. Again, principles.
You sound like an idiot, certainly not a LEO.

It doesn't matter what time of the day or night this took place or the traffic conditions. READ THE STATUTE and you will see it doesn't apply only during certain times of the day or only if other vehicles are present.

It appears that you have issues with your driving. Take a state-approved defensive driving class and maybe that will increase your knowledge of the rules of the road.

If you refuse to identify yourself on a stop then expect to get banged. Plain and simple.
 

FlyingRon

Senior Member
Cops are allowed to be sneaky. We call that "good police work." Not all criminals are sporting folk.
 

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