Time limit for an officer to pull you over? Irrational Cop?

[BCRichWlk79]

What is the name of your state? NJ

Ok here is the situation. I received a "failure to stop" ticket from a very unruley officer who wouldn't let me state my side of the offense.

I was coming down a street to make a right, and a couple crossed the cross walk (I came close to a stop) and another couple was waiting to go, they stayed put so i made my right turn. A cop down the street follows me closely as I make a left onto another street and go down the stop sign (still hasn't pulled me over). I stop, and make a right turn to merge onto a major highway. The cop follows as i merge in traffic (still nothing from cop), I drive a mile down the road and attempt to merge into the fast lane, and all of a sudden the cop comes FLYing up forcing me to back into my lane again, so I didn't cut him off. He hits his breaks and then pulls in behind me (still nothing), few hundred more feet he pulls me over.

The cop gets to my window "Licence and Reg", so I asked what I did wrong, cop Yells at me "I"M NOT GOING TO ASK YOU AGAIN!." Long story short he gives me a ticket for not coming to a complete stop where the people were crossing the road. The cop was a complete d*ck and wouldn't let me tell my side. I tried to ask him why he waited till over a mile down the road to pull me over, and not even pull me over when I did the supposed offense?

I mean theres got to be a law here, the cop was practically riding me the whole time and almost harassing my driving. I almost got into an accident because this guy was tailing me!

I'm going to try to fight it. But whats up with a cops etiquette and limits on pulling me over for an offense?!

[Lost in Alabama]

He was probably running your plates through the computer before pulling you over. Probably rode up on you so he wouldn't lose you if he decided to pull you over. Looks like he decided.

"...I tried to ask him why he waited till over a mile down the road to pull me over, and not even pull me over when I did the supposed offense?"...

The cops have about a year to file such things.

[BCRichWlk79]

What about courtesy, professionalism, and etiquette? The cop was practically screaming at me and would barely let me speak. The cop had plenty of time to run my plates, what does that matter anyways? Shouldn't he pull me over for the offense and not because of what my record pulls up?

In the end it is my word against his, but his lack of reaction to the situation does show hesitation and doubt, no?

[Robbie0723]

No, you get to state you side of the story to the judge.

Just curious, what were you driving?

[BCRichWlk79]

Originally Posted by Robbie0723

No, you get to state you side of the story to the judge.

Just curious, what were you driving?

BMW 330Ci. I'm going to court to state my case to the judge. Worse comes to worse, I get 3 points and pay $82 fine and $40 court cost.

Hopefully they can't impose any additional fines. In NJ they passed a law if you downgrade your ticket you pay a fee of an additional $250. So i'll take the lousy 3 points and get some satisfaction of dragging the cop into court, hopefully it is his day off.

I think I have a decent case, the officer seemed to pull me over out of spite. 99% chance I will lose, but it's a live and learn situation.

[CdwJava]

Originally Posted by BCRichWlk79

So i'll take the lousy 3 points and get some satisfaction of dragging the cop into court, hopefully it is his day off.

Then he'll thank you for the overtime.

I think I have a decent case, the officer seemed to pull me over out of spite. 99% chance I will lose, but it's a live and learn situation.

You don't have a decent case, but that's a matter of opinion. You'll state your piece, he'll say his.

His attitude would have nothing to do with his allegations against you. I sometimes wait a good distance before pulling people over ... there could be a number of reasons - other officers using the radio (no place to get on the air to tell Dispatch of the stop) ... no good place to safely conduct the stop ... running plates ... whatever. Bottom line is that he does not have to pull you over right away. He CAN wait.

Good luck.

- Carl

[mronroad]

Originally Posted by BCRichWlk79

The cop follows as i merge in traffic (still nothing from cop), I drive a mile down the road and attempt to merge into the fast lane, and all of a sudden the cop comes FLYing up forcing me to back into my lane again, so I didn't cut him off. He hits his breaks and then pulls in behind me (still nothing), few hundred more feet he pulls me over.
!

Honestly, this sounds like a tough one to beat. The only "evidence" is the cop's testimony.

You can make diagrams or the intersection and surrounding area where the pedestrians were crossing, and ask the cop where he was located when he observed the infraction. Take photos of the area and take notice of any visual obstructions from the cop's position.

Ask for discovery, and propound the cop with interogatories before trial, asking him where he was located when he saw you not come to a full stop, why he took so long to pull you over, and, most importantly, why he sped up along side you on the highway and forced you back into the right lane. Word your questions so that his actions seem unreasonable, ...put him on the defensive. File copies of the interogatories with the court clerk, and make sure you properly serve the cop with them. If they're not answered in a timely manner, you may subpeona him for deposition before trial. (This may seem extreme for a traffic ticket, but it's your right.)

Do you know the people that were in the crosswalk? If so, talk to them. See if they're willing to say they waved you trough. If you can't locate them, use the argument that the cop didn't stop you right then and there because he didn't want you to be able to use them as witnesses in your defense. An unethical person might get some friends to say they were the people crossing the street and they stopped and waved on on.


In any event, it's a longshot that you'll beat the rap.

I would make a complaint with the internal affairs department. Mention that you were not stopped at the scene, and stress that you, and other motorists, were endangered by the cop's actions and maneuvers on the highway.

You might even want to file a Complaint for reckless endangerment / reckless driving against the cop. (I know I would)


I have filed complaints against arogant, dishonest, and unprofessional state troopers in NJ, and have achieved very statisfying results. Your documented complaint (do it in writing and carbon copy the NJ Atty General's office by certified mail) to internal affairs will get permanently attached to that cop's record.

If more people took the time to call these idiot public servants out on their actions they'd think twice before they busted balls.

Good luck.

[CdwJava]

Glad I'm not in NJ ... it sounds like an unusual place to work or drive. Out here, there would be no way to guarantee anything getting into an officers personnel file, and, we don't have to stop someone right away. I suspect it's much the same in NJ ... and I'm happy we don't have these 'interogatories' to deal with either.

- Carl

Originally Posted by BCRichWlk79

...Worse comes to worse, I get 3 points and pay $82 fine and $40 court cost....

And your car insurance rates will go up significantly.

[BCRichWlk79]

Originally Posted by CdwJava

Then he'll thank you for the overtime.


You don't have a decent case, but that's a matter of opinion. You'll state your piece, he'll say his.

His attitude would have nothing to do with his allegations against you. I sometimes wait a good distance before pulling people over ... there could be a number of reasons - other officers using the radio (no place to get on the air to tell Dispatch of the stop) ... no good place to safely conduct the stop ... running plates ... whatever. Bottom line is that he does not have to pull you over right away. He CAN wait.

Good luck.

- Carl

Thats basically what I am going to do, just state my case. See where it goes... I really just want to let the judge and the officer know about his actions and his substandard attitude. The cop was so nasty I was considering going to internal affairs.

[BCRichWlk79]

Originally Posted by seniorjudge

And your car insurance rates will go up significantly.

I only have 2 points on my licence. This shouldn't dramatically effect my insurance. My rates do not go up b/c of the company I have, they would just end up dropping me.

[racer72]

Originally Posted by BCRichWlk79

So i'll take the lousy 3 points and get some satisfaction of dragging the cop into court, hopefully it is his day off.

Besides CD's excellent reply to this comment, I would also like to add the next time your local politicians want to raise taxes to pay police officer's salaries, you can hold your head high with the knowledge that you are part of the reason.

[You Are Guilty]

Originally Posted by racer72

Besides CD's excellent reply to this comment, I would also like to add the next time your local politicians want to raise taxes to pay police officer's salaries, you can hold your head high with the knowledge that you are part of the reason.

It reminds me of an old saying 'round these parts:

What's the difference between a BMW and a porcupine?


Anyone know?

It reminds me of an old saying 'round these parts:

What's the difference between a BMW and a porcupine?


Anyone know?


Yes.