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  1. #1
    Cobewobber is offline Junior Member
    Join Date
    May 2007
    Posts
    1

    Negligent Driving (Undercover Cop)

    What is the name of your state? Maryland

    Hey guys, I just had a quick question about the negligent driving ticket I received earlier today. So I was riding my bike with my buddy in the neighborhood and an off duty cop is talking to my friend while I am off riding. As I come back to meet my buddy - as the idiot I am, I am riding laying on the bike with my legs straight back in the air (the superman) only going about 15mph. The cop pulls out his badge tells me to park my bike. He then proceeds to call 2 on duty officers to come to the area. The 2 on duty cops write us up and they even tell me that the off duty cop is going to be the one in courty to testify because they can't due to not being at the scene. My question is can an off duty officer ticket us? If the answer is no - hence the reason why the on duty officers ticketed us, do I have a case stating that the off duty officer was NOT the one who wrote me up? The name on the ticket for the officer and the officer who will show up on court will not match. Does that matter? Thanks for all the help!
  2. #2
    The Occultist is offline Senior Member
    Join Date
    Feb 2005
    Posts
    5,409
    Are you serious? You really think the officer that writes you up has to have witnessed the crime you are being held accountable for? So...unless an officer is present to witness a murder, the murderer can never be arrested? Nice try...
  3. #3
    CdwJava is offline Senior Member
    Join Date
    Feb 2003
    Location
    California
    Posts
    26,269
    Yes. It's legal. He was off duty, observed a violation, called the on duty guys to issue the citation, and the off duty officer will have to appear in court. Simple, lawful, and it happens ... I've done that myself a few times.

    - Carl
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"

    Seek justice,
    Love mercy,
    Walk humbly with your God
    -- Courageous, by Casting Crowns
    http://www.youtube.com/watch?v=pkM-gDcmJeM
  4. #4
    The Occultist is offline Senior Member
    Join Date
    Feb 2005
    Posts
    5,409
    It doesn't even have to be an off duty cop that makes the call. If somebody witnesses a murder and calls the police, you can sure bet that that citizen would appear in court as a witness, much like this officer would be appearing in court as a witness.


    Wow, I really have to get off of this murder metaphor...

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