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Officer lied about my record - go to court?

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Jillian916

Junior Member
What is the name of your state (only U.S. law)? Maryland

Hello - I'm hoping for advice on how to proceed with a speeding ticket I received.

I was pulled over for going 58mph in what I thought was a 50mph zone. Apparently I had just crossed into a 40mph zone. The police officer was extremely verbally agressive -- i.e., demanding to know why I was going so fast (I told him I thought I was in a 50mph zone); where my glasses were, (not taking "I wear contacts" for an answer); etc. I asked politely for a warning and he asked how my record was. I said "clean," and he said it if really was clean, he would give me a warning.

He came back to my car and began yelling at me and calling me a liar (raising his voice so loud that my 13 month old daughter was startled and began crying). I asked him to clarify why he believed me to be a liar, and he said I was on probation for a ticket I received three years ago (I had COMPLETELY forgotten about this ticket and, when he brought it up, I recalled that the officer did not come to court so I was found not guilty). I apologized profusely for forgetting this ticket and he proceeded to yell at me for "lying to him" and he kept yelling, "why did you lie to me? Why would you lie to a cop?" He then told me that I was on the last day of my probation and he gave me a ticket because I "violated my probation" from three years ago. I felt extremely intimidated of this man.

I called the courthouse, only to find out that I did NOT have any probation on my previous ticket (as I suspected).

Should I go to court to appear at a waiver hearing? Or a trial? Since I was not on probation for my first ticket, I am still eligible for a PBJ, correct? Is it worth telling the judge that the officer claimed I that I violated my probation or that he yelled at me?

Thanks in advance for any assistance.
 


CdwJava

Senior Member
Plus, if the officer "lied" why did he just make up out of whole cloth that there was a probation violation?

I suspect that there is an information screw up or the officer interpreted the ifno wrong. It could have been a dispatcher or it could have been a computer error, but it makes no sense that he would just make it up out of the blue.

If you have a beef with the officer, complain to his agency. If you want to defend against the citation, defend against the allegations (which, I assume, is for speeding). Since the officer was under no legal obligation to give you a warning, the fact that he did not do so really does not matter. Even if he made that decision on faulty info it does not negate the fact that you apparently did violate a speed statute.
 

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