Questionable off duty policeman witness.

[zippy127]

Connecticticut

-While driving with my wife and 2 1/2 week old daughter on a mixed residential/commercial street the wrecklessness of the driver behind me led me to believe there may have been slight contact. This occurred just before a traffic light where I was preparing to turn right. The light was red and there was no shoulder so I stopped in the right turn lane and got out to make a quick damage check. The other car stopped behind me. The other driver was a young woman who seemed entirely oblivious to the situation as she was talking animatedly on her cell phone. While looking for and not seeing any visible damage I told her she shouldn't talk on her cell phone if it prevented her from paying attention to the road and that she should slow down. She proceeded to tell me to go f*** myself and expressed herself with hand gestures. I considered getting into a verbal battle and decided better of it. Seeing no damage I went back to my car and got in. In the mirror I could see the other driver writing down my plate # and making another phone call.
-Six days later while I was at work a non uniformed policeman shows up at my apartment and asks my wife if she owns the car we were driving that day and does any one else drive it, etc. He claims to have witnessed the event while he was off duty and issues me a $75 ticket for "Unsafe use of the highways by a pedestrian"!! He claims I was yelling at the other driver. No mention of a complaint by the other driver is made on the ticket. While I have no way of knowing if he really saw the incident or not, his response makes me wonder if he's not doing a pissed-off friend a favor.

Any takes on this situation? Did the officer follow procedure? I certainly feel like my actions were reasonable and my judgment was sound. I plan to plead not-guilty but haven't responded yet. Thanks for your responses.

[JETX]

Originally Posted by zippy127

Any takes on this situation?

Yep, sounds like a different version than yours.

Did the officer follow procedure?

What, by "showing up" and giving a ticket?? Nothing in that to indicate a violation of procedure.

I certainly feel like my actions were reasonable and my judgment was sound. I plan to plead not-guilty but haven't responded yet.

Okay. Sounds like a plan.

[carrollton51]

I have no legal advice to offer.
Just seems odd it would take 6 days if the officer witnessed it. And odd he would have to ask if you were driving. ( if he witnessed it )
I have seen in my local police blotter that use of foul language is a form of assault. Wonder if the other driver got cited.

[CdwJava]

Originally Posted by carrollton51

I have no legal advice to offer.
Just seems odd it would take 6 days if the officer witnessed it. And odd he would have to ask if you were driving. ( if he witnessed it )
I have seen in my local police blotter that use of foul language is a form of assault. Wonder if the other driver got cited.

Foul language is assault in your state?! Wow!

Regardless of whether the other driver was cited for anything, you sill need to show up in court and make you plea. Then, if it goes to trial, you make your case with your wife as a witness to what happened.

- Carl

[carrollton51]

No need to be sarcastic. Of course, in order to be considered assault there has to be a threat involved. It's in the police blotter all the time, usually in domestic violence calls. I wasnt very clear, I guess.
If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.

But my point was, you can get ticketed for yelling obscenities out your car window, or giving the finger, ( yelling go F*** yourself and using hand gestures ) That's why I asked if the other person was also ticketed.

[CdwJava]

Originally Posted by carrollton51

No need to be sarcastic.

I wasn't being sarcastic ... I was truly amazed that verbal comments could POSSIBLY be considered assault! I suspect it takes more than foul language to be criminal ... there would be just a FEW Constitutional issues involved if it were.

Of course, in order to be considered assault there has to be a threat involved.

Very peculiar definition, if so.

It's in the police blotter all the time, usually in domestic violence calls. I wasnt very clear, I guess.

Well, that woul dbe more than just the use of foul language - and certainly more than a rude gesture from another motorist.

If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.

I suspect there is a little more to it. But from what you wrote, you simply were on the receiving end of some foul language - not threats.

But my point was, you can get ticketed for yelling obscenities out your car window, or giving the finger, ( yelling go F*** yourself and using hand gestures )

I doubt that is possible absent some other circumstances. There might be a "road rage" statute that covers it, but I doubt the general assault statutes would cover it ... the ACLU would have a field day with an anti-obscenity statute!

That's why I asked if the other person was also ticketed.

And you won't know that unless you are called in as a witness. In any event, the other person being cited or not is irrelevant to any defense you might mount.

- Carl

[carrollton51]

CDW I am not the original poster here I was just responding to the OP.

There is no way I would EVER get out of my car and confront ANYONE in this day and age. Thats a good way to get shot.

[zippy127]

Originally Posted by carrollton51

CDW I am not the original poster here I was just responding to the OP.

There is no way I would EVER get out of my car and confront ANYONE in this day and age. Thats a good way to get shot.

Hi, original poster here. Thanks for your responses. Getting out of the car is the only way I know of to look at the rear of my car.

My wife did witness the other driver making obscene gesture so she would be able to testify to that although she could not hear anything.

[CdwJava]

Originally Posted by zippy127

Hi, original poster here. Thanks for your responses. Getting out of the car is the only way I know of to look at the rear of my car.

My wife did witness the other driver making obscene gesture so she would be able to testify to that although she could not hear anything.

Even though to me the violation makes no sense, it is still largely irrelevant as to what the other woman was doing with regards to a defense.

What is the specific code section you were cited for?

- Carl

[zippy127]

Originally Posted by CdwJava

Even though to me the violation makes no sense, it is still largely irrelevant as to what the other woman was doing with regards to a defense.

What is the specific code section you were cited for?

- Carl

The ticket lists "Unsafe use of the highway by a pedestrian" and lists stat./ord. no. 53-182

I will also add that the supposed time of infraction listed is a half an hour before the actual incident took place, for what thats worth. Just adds to my suspicion about the "witness."

[JETX]

CT 53-182:
"Use of highways by pedestrians. Any pedestrian who uses any street or highway negligently or recklessly or fails to obey the signal of any traffic officer, pedestrian control, sign, signal, marking or device or recklessly disregards his own safety or the safety of any person by the manner of his use of any street or highway shall be deemed to have committed an infraction and be fined not less than thirty-five dollars nor more than fifty dollars."

[zippy127]

Originally Posted by JETX

CT 53-182:
"Use of highways by pedestrians. Any pedestrian ......and be fined not less than thirty-five dollars nor more than fifty dollars."

Thank you for posting that - My ticket is for $75 which is obviously "more than fifty dollars." Does that have any bearing on anything?

[CdwJava]

Originally Posted by zippy127

Thank you for posting that - My ticket is for $75 which is obviously "more than fifty dollars." Does that have any bearing on anything?

It means they tacked on court fees.

Also, the time of the incident is approximate. The time is not going to be all that relevant unless it was signficantly off.

- Carl

[You Are Guilty]

Originally Posted by zippy127

Thank you for posting that - My ticket is for $75 which is obviously "more than fifty dollars." Does that have any bearing on anything?

Yes! It means your state has some of the cheapest court costs I've ever seen.

Now the question becomes, is wasting 4-6 hours sitting in court worth more or less than $75 of your time? Good luck either way.

[zippy127]

Okay, thanks all for your input.