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  #1  
Old 07-01-2005, 01:44 PM
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pulled over in my driveway-need advice!


What is the name of your state? Georgia

Coming home from school this morning, I passed a cop on my street, who proceeded to make a u-turn to follow me down the road. This is normal for cops to do, so I thought nothing of it, as I was not speeding. My house is only the second one down the street, so I pulled into my driveway, put my car in park, took out my keys, and then the cop turned on his blue lights and pulled behind me in my driveway. He first told me I was speeding (11 over) as I turned onto my street. I told him I was not. He told me he had me on radar. I asked to see it. He said he was not legally obligated to show me. So I gave him my insurance and license (which I went into the house to retrieve).

When he came back out to give me my license/ins back, I told him I would really feel more comfortable if he showed me the radar. He said no. He then told me that he caught me on radar down the street adjacent to mine. I called him out on the fact that initially he told me he caught me on radar turning onto my street. He told me I was mistaken.

My questions:
Is this trespassing since my car was parked on my driveway, and would he need a warrant for the info to be admissable?
Why wouldn't he have turned on his lights the minute he clocked me, instead of waiting until I was already in my driveway?
What is my best argument for fighting this with all of its inconsistencies?
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  #2  
Old 07-01-2005, 02:40 PM
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He does not have to show you the radar and I have never seen a cop that has.

No it is not trespassing. Just because you pulled over in your driveway it doesn't make it a safe haven for yourself. You cannot call out "sanctuary".

He is not required to turn on his lights right away. Police usually catch up right behind you before the turn their lights on.

I doubt you have much of an argument.
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  #3  
Old 07-01-2005, 03:28 PM
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Quote:
Originally Posted by kelsbe
My questions:
Is this trespassing since my car was parked on my driveway, and would he need a warrant for the info to be admissable?
No - the offense originated on a public roadway. As Crazed98 mentioned, your driveway is not "home base".


Quote:
Why wouldn't he have turned on his lights the minute he clocked me, instead of waiting until I was already in my driveway?
Do you want all the possible reasons listed alphabetically or in order of appearance in my thoughts?


Quote:
What is my best argument for fighting this with all of its inconsistencies?
Tell the tale to the court as you related it here.

- Carl
__________________
A Nor Cal Cop Sergeant

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

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
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  #4  
Old 07-01-2005, 09:09 PM
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Quote:
So I gave him my insurance and license (which I went into the house to retrieve)
In Michigan you'd have gotten the speeding ticket and a ticket for driving without your license and a ticket for for no proof of insurance!
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  #5  
Old 07-02-2005, 06:39 AM
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In Georgia an 11 over will not go on your record so just pay it.
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  #6  
Old 07-02-2005, 09:14 PM
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Quote:
Originally Posted by lwpat
In Georgia an 11 over will not go on your record so just pay it.

Why pay if he isnt guilty? Especially when he caught the cop in a lie.
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  #7  
Old 07-03-2005, 12:16 PM
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Quote:
Originally Posted by ismellbacon
Why pay if he isnt guilty? Especially when he caught the cop in a lie.

The cop didn't lie.

First he said, "He first told me I was speeding (11 over) as I turned onto my street."

Then it was, "He then told me that he caught me on radar down the street adjacent to mine."

Right before his turn he was adjacent to his street.

You can't say the cop lied if it is a difference between about 10 feet either way he was speeding.

And did you ever think that when he said, "He then told me that he caught me on radar down the street adjacent to mine."

He was the one down the street adjacent to yours when he saw you speeding as you turned down your street.
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