following distance

[Dink7380]

What is the name of your state? Maryland
I was pulled over after leaving a bar. The cops followed me from the bar and pulled me over for speed greater than reasonable. Is there a certain distance they must follow you for before they can pull you over? there was no way they even had time to pace me, I only drove .20 of a mile before they pulled me over.

[I AM ALWAYS LIABLE]

Originally Posted by Dink7380

What is the name of your state? Maryland
I was pulled over after leaving a bar. The cops followed me from the bar and pulled me over fir sped greater than reasonable. Is ther a certain distance they must follow you for before they can pull you over? there was no way they even had time to pace me, I only drove .20 of a mile before they pulled me over.

My response:

Here, click on this link. I'm sure you and this guy could talk for hours:

[url]http://forum.freeadvice.com/showthread.php?t=222748[/url]


IAAL

[Dink7380]

Originally Posted by I AM ALWAYS LIABLE

My response:

Here, click on this link. I'm sure you and this guy could talk for hours:

[url]http://forum.freeadvice.com/showthread.php?t=222748[/url]


IAAL

Thanks for nothing. apparently you did not read my question. My problem is not with a DUI it is with a seeminly bogus speeding charge. If you can offer any advice on that subject I would be much obliged.

[I AM ALWAYS LIABLE]

Originally Posted by Dink7380

Thanks for nothing. apparently you did not read my question. My problem is not with a DUI it is with a seeminly bogus speeding charge. If you can offer any advice on that subject I would be much obliged.

My response:

Oh, no my friend. It had EVERYTHING to do with you driving away from the bar, and had NOTHING to do with being clocked or speeding. The cops had probable cause to believe that you were an impaired driver, and to stop you. Don't EVEN think that you can tell me you weren't given a sobriety check.

IAAL

Q: Is there a certain distance they must follow you for before they can pull you over?
A: No.

There was another thread on here that the poster was complaining that the cop followed too long; now you're complaining that he followed you too short.

[Dink7380]

someone mentioned to me that being I was leaving a bar, that would be entrapment since they watched me leave the bar and did not have enough time to suspect I was impaired.

[ENASNI]

Originally Posted by seniorjudge

Q: Is there a certain distance they must follow you for before they can pull you over?
A: No.

There was another thread on here that the poster was complaining that the cop followed too long; now you're complaining that he followed you too short.

What about the thread where he wasn't even being followed at all...
I tell ya... nobody can be made happy now-a-days.

Originally Posted by Dink7380

someone mentioned to me that being I was leaving a bar, that would be entrapment since they watched me leave the bar and did not have enough time to suspect I was impaired.

Someone mentioned wrong. It is not entrapment (see below). Maybe being trapped, but not entrapment. Also, it only takes a few seconds for a cop to determine that there is probable cause to believe you were impaired.

Definitions of Entrapment on the Web:

The inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially-provoked crime. This technique, because it involves abetting the commission of a crime, which is itself a crime, is severely curtailed under the constitutional law of many states.
[url]www.duhaime.org/dictionary/dict-e.htm[/url]

The act of officers or agents of a government in inducing a person to commit a crime otherwise not contemplated for the purpose of instituting a criminal prosecution against that person.
[url]www.montgomerycountymd.gov/mc/judicial/circuit/glossary/glossary.html[/url]

The act of officers or agents of a government in inducing a person to commit a crime not contemplated by him, for the purpose of instituting a criminal prosecution against him.
[url]www.unt.edu/cjus/Course_Pages/glossary.htm[/url]

A defense to criminal charges alleging that agents of the government induced a person to commit a crime he or she otherwise would not have committed.
[url]www.nacmnet.org/Glossary.html[/url]

A situation in where personnel are unexpectedly caught in fire behavior-related, life threatening position where planned escape routes or safety zones are absent, inadequate, or compromised. An entrapment may or may not include deployment of a fire shelter for its intended purpose. These situations may or may not result in injury. They include near misses.
[url]www.erh.noaa.gov/er/gyx/firewx_definitions.html[/url]

A situation where personnel are unexpectedly caught in a fire behavior-related, life-threatening position where planned escape routes or safety zones are absent, inadequate, or compromised. An entrapment may or may not include deployment of a fire shelter for its intended purpose. These situations may or may not result in injury. They include "near misses."
[url]www.fourcornersforests.org/wildlandterms.shtm[/url]

The act of inducing a person to commit a crime so that a criminal charge will be brought against him.
[url]www.seniormag.com/legal/glossary/e.htm[/url]

A situation where personnel are unexpectedly caught in a fire behavior-related, life-threatening position where planned escape routes or safety zones are absent, inadequate, or compromised. An entrapment may or may not include deployment of a fire shelter for its intended purpose. These situations may or may not result in injury.
[url]www.fs.fed.us/r2/fio/dict.htm[/url]

The inducement, by law enforcement officers or their agents, of another person to commit a crime for the purposes of bringing charges for the commission of that artificially provoked crime. This technique, because it involves abetting the commission of a crime, which is itself a crime, is severely curtailed under the constitutional law of many states. Strictly speaking it is not a plea available in UK courts, where 'agent provocateur' is the equivalent.
[url]www.sixthform.info/law/03_dictionary/dict_e.htm[/url]

the act of officers or agents of a government inducing a person to commit a crime not contemplated by the accused for the purpose of instituting a criminal prosecution against him or her.
[url]www.alacourt.org/Publications/Glossary/e.htm[/url]

The deliberate use of apparent security weaknesses with the specific purpose of detecting those who are likely to exploit any genuine weaknesses.
[url]www.itsecurity.com/es.htm[/url]

when a victim is physical trapped by something in a vehicle or other type of accident. The victim must be removed by mechanical means such as tools, saws, or the Jaws of Life.
[url]www.rescue5.com/glossary.htm[/url]

1. In criminal law, an affirmative defense created either by statute or by court decision in the given jurisdiction that excuses a defendant from criminal liability for crimes induced by trickery on the part of law enforcement officers or other agents of the government. BACK TO TOP
[url]www.data-quik.com/definitions/e.htm[/url]

– This means that the police induced someone to commit a crime that they might not have otherwise committed.
[url]www.swheath.com/doc/polsc215chapter8.htm[/url]

The deliberate use of apparent security weakness with the specific purpose of detecting those who are likely to exploit and genuine weakness.
[url]www.beyondsecurity.info/others/glossary/e_h.htm[/url]

a defense that claims the defendant would not have broken the law if not tricked into doing it by law enforcement officials
[url]www.cogsci.princeton.edu/cgi-bin/webwn[/url]

[I AM ALWAYS LIABLE]

Originally Posted by Dink7380

someone mentioned to me that being I was leaving a bar, that would be entrapment since they watched me leave the bar and did not have enough time to suspect I was impaired.

My response:

Oh, brother . . . you just don't get it, do you?

The police had plenty of time to have probable cause and to suspect you were impaired. They saw you leave the bar, get into your car, and drive on the street. That's it! That's all they needed. Probable cause was satisfied, and you got popped!

What numbers did you blow?

Also, don't listen to your friends about the definition of "entrapment". Entrapment is when a police authority "entices" you to do something illegal. Did the cops tell you to drink? Did they tell you to get into your car? Did they tell you to drive on the street? If you answered "No" to all of those questions, then there's no "entrapment".

You're just a yahoo idiot.

IAAL

[Dink7380]

thank you for your help everyone, I was pulled over on speeding charges and as you guessed, I was impaired. which brings me to a second question if you wouldn't mind helping me with this one... I was told in Maryland there is a 2 hour time limit in which the cops have to breathalyze you. and every document the officer wrote had different times of arrest and testing. what are your thoughts?

Ask these folks your questions:

[url]http://mva.state.md.us/AboutMVA/INFO/26100-50T.htm[/url]

[I AM ALWAYS LIABLE]

Originally Posted by Dink7380

thank you for your help everyone, I was pulled over on speeding charges and as you guessed, I was impaired.

My response:

Well, it wasn't too big of a stretch . . . Bar > driving = drunk off your ass.

IAAL

[CdwJava]

Originally Posted by Dink7380

someone mentioned to me that being I was leaving a bar, that would be entrapment since they watched me leave the bar and did not have enough time to suspect I was impaired.

That doesn't even come close to the legal definition of entrapment.

Following you for 1/5 of a mile is certainly plenty of time to estimate your speed and make appropriate observations of your driving. More is good, but not always necessary.

- Carl

[CdwJava]

Originally Posted by Dink7380

thank you for your help everyone, I was pulled over on speeding charges and as you guessed, I was impaired. which brings me to a second question if you wouldn't mind helping me with this one... I was told in Maryland there is a 2 hour time limit in which the cops have to breathalyze you. and every document the officer wrote had different times of arrest and testing. what are your thoughts?

All times are approximations.

The two hour rule is probably what the courts generally consider to be a valid test for the time of the stop. Longer than that can be an arguable issue regarding rising or diminishing BAC, but it is certainly valid.

- Carl

Originally Posted by CdwJava

That doesn't even come close to the legal definition of entrapment.

In the Ozarks, the game wardens like to set out fake deer alongside the road to capture hunters who shoot from the road.

Sometimes they barely get the danged things set up before it starts getting shot at.

Some of the videos on those arrests should be on America's Funniest Home Videos.

Anyway, you guessed it: a lot of them claim "entrapment".