How to contest "Failure to Obey Officer" charge?

[patriotmom]

What is the name of your state? CONNECTICUT

How can I contest a Failure to Obey charge - 14-223? It's the officers' word against mine. Here's the story: I was in a left-hand lane signalling a left turn in an area where some construction was going on and an officer was stationed to direct traffic. The officer's back was to me while I waited, with my indicator on, for oncoming traffice to subside, to take my turn. When traffic abated, I began turning, but waited for the officer to turn his attention to my lane to complete the turn. WHen he did, he gestured that I was not allowed to make that turn, and that I was to go straight instead. I told him that I need to go to a business on the road on which I was turning. He said I should go straight. I said "then how can I get to Xbusiness?" He said "take a left ahead". I knew that taking a left ahead would get me onto the highway, so I asked again (repeatedly) for directions, to which he repeatedly told me to just go straight. Finally, I gave up on him because I could see he wasn't going to give me the answer, so I began to leave. Because I had started the left hand turn, my wheel was cut all the way to the left, so my car continued left before it straightened out. He asked for my license at that time WHILE I was moving. I stopped when I realized what he was saying, and he directed me to drive over the the highway entrance ramp to wait for him, which I did. He then gave me a complaint ticket citing Failure to Obey Officer - Stat./Ord.No. 14-223. I have pleaded "not guilty" to the charge.

As a technicality, the Time on the ticket says 12:09 AM, when in fact, it was 12:09 PM. Can I do anything with that information?

Additionally, when he arrived at my window I asked for his name and badge # b/c I intend to file a complaint against him for NOT doing his job (i.e., directing traffic). Should I file the complaint before or after my court appearance?

 

[FlyingRon]

The information on the ticket will not override the testimony of the officer in court so it won't save you.

The officer's job is neither to provide you with directions nor to argue with you about how you were going to get to wherever you were going. Sorry, but it sounds like you "failed to obey" in a number of ways. I can't see a defense.

 

[patriotmom]

His post (his job) was to DIRECT detour traffic. How is he absolved from DIRECTING the detour? He did not direct my lane of traffice until I was well into the turn. My main complaint is that he was NOT directing traffic until I had waited for my turn and was already committed to the turn. There was no signage indicating the detour, so the only info available was whatever I could obtain from the directing officer.

...and please, can you elaborate on the "number of ways" I failed to obey the officer?

Did the fact that I asked for his badge # make him more inclined to ticket me?

FlyingRon, are you a police officer?

 

[The Occultist]

What the officer's job is is irrelevant to whether or not you have to obey him. You were required to obey him, and through your own admission, you failed to do so. I really don't see why you think you're right. You may have been inconvenienced, but that is immaterial to a "failure to obey" charge.

 

[patriotmom]

Thank you - I appreciate the devil's advocate replies. This helps me to see what I'll be up against in court.
Will someone please tell me HOW I disobeyed this officer - please. I was simply asking him to instruct me as to how to follow his instructions and reach my destination . I admit to asking directions - is that failing to obey? What else did I do that constitutes failure to obey? FLYING RON, you say I failed to obey in a number of ways - care to elaborate?

I always believed that a police officer's job is to protect and serve - and I always believed giving directions to be part of that service. Does it just depend on the officer? ...on the situation? If he's nice, he'll give directions; if not he'll give a ticket? How could I know?

By the time I realized he wasn't going to give me the requested help, he was asking me for my license/registration.

I still wonder if my asking for his badge # exacerbated the situation - can anyone answer that?

 

[>Charlotte<]

I doubt your asking for his badge number influenced his actions at all. That probably happens to him on an almost daily basis. Most of those complaints are citizens whining because they didn’t like being given a ticket (or whatever), and recognized as such by the supervisors. In fact, I often wonder if people with valid complaints have an immediate disadvantage because unfounded complaints are so common.

It is not the traffic officer’s job to get you where you need to go. Nothing precludes him from being a nice guy and giving you helpful directions, but his job is to detour traffic away from the closed road.

If he had to repeatedly tell you to go straight, you obviously repeatedly failed to do so. Count how many times that happened, and there’s your answer to “the number of times” you failed to obey.

If your car started turning left (before it straightened out) I wouldn’t be surprised if it appeared to the officer that you intended to turn left despite his directives, in light of your initial insistence that you “needed” to turn left, and subsequent arguing about where else you could go.

It’s already been said, but I’ll repeat that the wrong time on the ticket won’t get you anywhere.

 

[patriotmom]

It appears that my argument must be:

1. I had full intention of obeying the officer's directions; I was simply asking for additional help. My mistake was in my persistant belief that this officer would be kind enough to help once he understood my dilemna.
2. I did not take the left turn (btw, the road was not closed, the traffic was simply rerouted - I needed clarification re. the new route)
3. I did not flee the scene nor did I attempt to flee
4. I did pull over and provide license/registration when ordered to do so
5. The only reason it would have appeared that I was turning incorrectly is because the officer's direction came well after I had committed to the turn - which only happened b/c there was no direction for my lane of traffic to go straight.

Re. item 5 above, I take that turn at least once a month, so under normal circumstances, there is no reason to believe I could not take the turn. There was no detour signage, the road appeared open enough to take the turn, and the officer did not correct me until I had been stopped, partially into the turn for at least 30 seconds, with my wheel cut all the way to the left. In fact, while the officer spent 15 minutes (I timed it) writing me up and getting two other officers to show up to "witness" his exchange with me, the intersection was left unmanned. During that time I saw (and counted) 11 cars take the same left turn I was attempting to take. That is not a defense of my complaint, but it proves that I was not completely wrong in assuming I could take the turn (before the officer corrected me).

 

[Zigner]

The officer gave you an instruction. You failed to follow that instruction.

 

[patriotmom]

I've read statute 14-223, and nowhere does it state that the officer's order must be followed within a certain amount of time, nor does it state that I must not engage the officer in conversation prior to obeying said officer's order. I intended to follow the officer's direction, and in fact was simply asking for advice on how I could do that and still reach my destination. Once I realized I was not getting the help I requested, I was in the process of following the instruction (i.e., driving off straight) at the very same moment he asked for my license. The officer was clearly angered at my repeated queries, and I am sorry to have upset him. I never, however, acted in direct opposition to his order. Now, he might allege that I was taking the "forbidden" left turn. As I've already explained, the officer's delay in directing my lane of traffic is what put me in that position in the first place.

All you who think the police are infallible need to know something. I'm fairly sure this info will not help me in court, but I feel I need to say it here to all you "the officer is always right" posters: The officer was standing in the road with his hands in his pockets watching the opposing lane of traffic detour down the road I was waiting to turn into. He was not engaged in his job, which was to direct traffic. It's his incompetence which put me in the turn that he was supposed to be directing me away from! I am confident he will NEVER admit to any of this, and of course I don't have photos to prove it. I'm here looking for help. So far all I've gotten is a bunch of "give up and roll over" advice. I will hire an attorney if I have to, but I was hoping to save a lot of $$ by getting advice here. Is there any chance of getting real help here?

 

[Zigner]

Ok - let's put it another way.
The officer gave you an instruction - you failed to follow it in a timely manner. The officer REPEATED the instruction - you still ignored it!

 

[patriotmom]

Define "timely"... and where in the statute is that definition made clear?

Oh, and by the way, in addition to getting the time wrong (am vs. pm), the officer failed to write in the answer date of the complaint. I already sent in my plea, but really, did I already tell you he was incompetant?

 

[justalayman]

patriotmom;1865709]I've read statute 14-223, and nowhere does it state that the officer's order must be followed within a certain amount of time,

What a novel defense. Yes your honor. I did follow his directions. While it was not that day, I did go back a week later and go straight. That's good. right?

nor does it state that I must not engage the officer in conversation prior to obeying said officer's order.

did he give you a ticket for talking to him?

I intended to follow the officer's direction,

then head on into court and convince the judge. It doesn;t look like youwill convince anybody here so I would not hold my breath on this one.

Once I realized I was not getting the help I requested, I was in the process of following the instruction (i.e., driving off straight) at the very same moment he asked for my license.

Now you say you were driving off straight. Previously you calim you continued on the turn path because your wheels were already turned that direction. Since very few cars do not have power steering, I cannot see why you could not straighten your wheels before you started moving. This is why yougot the ticket.

The officer was clearly angered at my repeated queries,

maybe because you were preventing him from DIRECTING TRAFFIC like you claim he was supposed to be doing. Directing traffic does not mean telling you how to get someplace, it is telling you to go a particular direction at the moment.

. I never, however, acted in direct opposition to his order.

as you explained it previously and I addressed, it does sound like you did in fact act in direct opposition to his orders.

the officer's delay in directing my lane of traffic is what put me in that position in the first place.

No, your motion without diredction to do so is what put you in that position. If you had waited until he directed you to travel, he would have directed you to go straight (including stopping other traffic to let you into the proper lane) but you wanted to force your movement and now are pissed because you did not get to turn where you wanted.

All you who think the police are infallible need to know something. I'm fairly sure this info will not help me in court, but I feel I need to say it here to all you "the officer is always right" posters: The officer was standing in the road with his hands in his pockets watching the opposing lane of traffic detour down the road I was waiting to turn into.

Youhave no idea my feeling about police. Some of the others here do and they that do can tell you that I am not a big police fan. I have seen and experineced enough "bad cops" to make me question them all the time. If I believed any of your story, I would be right behind you. The thing is, I don;t beleive you. Your story is unbeleievable.

He was not engaged in his job, which was to direct traffic

he was directing traffic. He told you to go straight. That is directing traffic. Get over it and get off this argument. It is totally wrong and an attitide like this will get you further away from winning than it will get you closer.

. It's his incompetence

His incompetance. You were moving prior to being directed to. How is that his incompetance? He stopped you and did tell you where to go. What you seem to be minimizing (and attempted to defend) was you continued left turn direction after his orders to not turn. He apparently saw that as an attempt to ignore his direct orders. You will get a chance to question him in court where he will get a chance to tell his point of view. We only have your perspective up to now.

I will hire an attorney if I have to, but I was hoping to save a lot of $$ by getting advice here.

If you are going to fight this, that would be the best thing you can do. Unless you have something better than what you posted here, I wouldn;t be surprised to hear of you ending up with a contempt charge as well.

Is there any chance of getting real help here?

I think you mean. "Is there any chance of getting somebody that will lie to me and tell me I am right?"

Generally, no but there may be a few that will so hang around for them. Not that it will change your situation but you are welcome to hang around for the warm fuzzies it will provide.

 

[>Charlotte<]

Define "timely"...

Before you irritate him enough to want to give you a ticket.

And where are you getting that I think the police are infallible, or that I think they're always right? Because I think he was right in your case?

Oh, okay, so now he's incompetent.

I'm not telling you to give up and roll over. You came here to ask us how we think you can get out of this, and I'm telling you why I think your defense probably isn't going to fly. If your idea of "real help" is just telling you what you want to hear, you definitely came to the wrong place. There are plenty of bogus "How to get out of traffic tickets"- type web sites out there, I'm sure they'll be more than happy to encourage you. And sell you a book.

It's a traffic ticket. If you have an otherwise clean driving record you might just walk out of there with court costs. It might even get dismissed entirely. The police officer doesn't really care what happens to you in court. You have the inconvenience of having to deal with it and having to go to court, and that might be enough to encourage you in the future to obey the directive of a police officer in a more timely manner.

 

[patriotmom]

Wow, such vitreol, and from just a layman! Bad chalupa tonight?

It's clear I will need to file a discovery request b/c frankly, I need to find out what the officer will state in court. It was an unfortunate confluence of events that led up to my ticket, and I will figure out a defense strategy. Thank you for helping me see I'll need to do some wordsmithing in order for my defense to hold up in court.

Sorry mister, you may think I'm lying, but I am not a scofflaw, and I DON'T fail to obey officers, even the incompetant jerks. I have a squeaky-clean record and I intend to keep it that way.

 

[justalayman]

you are not going to get what the officer is going to say in court via discovery. You will need to depose him for that. Good luck on that. A deposition for a traffic ticket.

If you go this far, all I can say is, you better hope you win because if you go through all this and lose, you are going to have one po'd judge ranting about how you wasted the courts time and the states resources for such a trivial matter.