Inaccurate Speeding Ticket Turn Police Intimidation... ?

[guywithaticket]

What is the name of your state (only U.S. law)? Idaho

Ok, I was driving through a 'redneck town' going 61 MPH in a 55 MPH zone. A hidden cop pulled out behind me as I was slowing down before a 35 MPH zone. He asked me how fast I was going and I told him something like, "I don't know, maybe 60".... He says he had me on radar going 65 in a 45 MPH zone. I said that I thought I was going 60 and he ended up writing me a ticket for 60 in a 45 as 'admitted by driver' and 65 in a 45 as shown on radar. Something like that.

I went on my way and only the next day did I realize there isn't a 45, just a 55 and a 35. So I thought, great, I can fight this because he gave me a ticket for something that doesn't exist.

So I went to my court date in this small town of maybe 1,000 people at most and the state trooper showed up. I told the person at the courthouse why I was fighting the ticket (pre-trial) and she then told the cop. Then she told me a little later the cop wanted to talk to me in the hall before the trial.

So I talk to the cop and he told me he made a mistake on the ticket and there isn't a 45 MPH zone, but I was still speeding so 'two wrongs don't make a right'. Then he says I can go ahead and fight it, but I'm just going to lose and I'll have to pay steeper fines for fighting the ticket.

He then said that when the speed limit is 55 and changes to a 35, I need to be going 45 once I come up to the 'reduced speed limit ahead' sign. So he says ultimately I was in a 45 going 60 to 65. Even though he was behind me with lights on right as I reached the reduced speed limit ahead sign.

After leaving I first thought they were just a bunch of weirdos in a small town... But now I am wondering if what the cop did pre-trial was even legal?

I don't think he was even correct with his implied 45 theory, but can he intimidate me like that before the trial? That is how it was, an intimidation. Kind of a in my face type deal threatening steeper fines if I fought it and lost, etc.

Any thoughts on what I can do at this time?

 

[Maestro64]

He lied to you, and there is no law against an officer lying to to get you admit guilt or even to get you to agree to settle. Yes he made up the you must be doing 45 at the reduce speed sign. The only thing is you have to be doing 35 when you hit the 35 PSL sign unless Idaho has some sort of law that say you can not be ticket within so many feet of a change of speed sign.

Does not matter he lied since you admitted to a speed which was above a posted limit even with his mistake of the 45 post limit. Now if you kept your mouth shut, then you could have gotten him on the wrong speed speed limit.

 

[guywithaticket]

Well, the guy was a sleaze for sure, but thanks for the info. It is frustrating to be someone who supports cops and defends them when people say they're crooked and then get screwed over by one.

I know he is just one person, but still frustrating. Thanks though.

 

[Jim_bo]

He lied to you, and there is no law against an officer lying to to get you admit guilt or even to get you to agree to settle. Yes he made up the you must be doing 45 at the reduce speed sign. The only thing is you have to be doing 35 when you hit the 35 PSL sign unless Idaho has some sort of law that say you can not be ticket within so many feet of a change of speed sign.

Does not matter he lied since you admitted to a speed which was above a posted limit even with his mistake of the 45 post limit. Now if you kept your mouth shut, then you could have gotten him on the wrong speed speed limit.

NO.... a cop can lie to you to get you to admit to something you did, but he CANNOT COERCE you to admitting something you didn't do! There is a name for what the cop did... witness tampering. This cop's actions are illegal and you should write a letter to the judge and to his superior officers. You really should get this on record NOW. Once you go to trial, it is just your word against his.

 

[Maestro64]

NO.... a cop can lie to you to get you to admit to something you did, but he CANNOT COERCE you to admitting something you didn't do! There is a name for what the cop did... witness tampering. This cop's actions are illegal and you should write a letter to the judge and to his superior officers. You really should get this on record NOW. Once you go to trial, it is just your word against his.

Actually, I am not sure it was coercion or tampering, it was just another lie, he lie about how it would go worse for the op unless he just agreed to the charges. Also since the op is not really a witness, he is defendant you can not tamper with them, and the officer did not say do this for me and I'll do this for or too you.

I had police try the exact same tactic, they approach you trying to find out why your fighting the ticket so they know your defense or they will try to get to agree to something else or admit guilt to use it against you in front of the judge. If you do not agree they will try and tell you it is going to cost you more or it will not go well and the judge will hit you with some other fine. It is all lies, and tactics to get someone to admit or feel guilt.

I would say it is unethical at best but not illegal. The only issue is if someone has no idea what are the laws, or rules or what is required to sustain a conviction and an officer making statements which sound like fact makes people second guess themselves and believe they might be wrong when in fact they were not wrong.

Lucky for me I know my rights, keep my mouth shut and win.

 

[Jim_bo]

Maestro,

I think I'd agree with your analysis. I'd probably go with coercion vice tampering. However, that is illegal as well. At best, you could say this cop is skating in thin ice.