Traffic Law

My vehicle and driver's license are in the state of TN. Last week while I was here in KY visiting my son picked my vehicle up to have it worked on. While traveling on a 4-lane he was in the right-hand lane to avoid having to stop every few minutes when people in the right-hand lane were turning off (this was thru a business section). A car came up behind him riding his bumper for a few miles. When he could get over to the right-hand lane he did so. But he had become frustrated with the driver on his bumper so when that driver started around him he "flipped" the driver off. The car drops back in behind him and turns on "police lights" and stops him. He was a detective in an unmarked car and wrote my son up for 1)holding lane 2)no seat belt and 3)for driving an out of state licensed vehicle with him having KY drivers license. He marked the ticket as not payable but to show up in court. My question is did this officer have the right to pull my son over for making that jester and writing up two of the violations he did. I understand the no seat belt one, but the others I don't. If my son was holding the lane why didn't he pull him when he was behind him the first time. What should my son do and say when he goes to court? What are his legal rights? Please help. He is on my insurance as a driver even though I live in TN - but his own vehicle is thru my insurance but for the state of KY.

[racer72]

This may not be the answer you want but if you had taught your son better manners he may not have gotten a ticket. In my state, flipping someone off is considered road rage and a $500 ticket goes with it. You may wish to hire an attorney to help you, items 1 and 3 should be dismissed, item 1 if there was no minimum speed requirements you can go just about any speed you want and 3, there are no laws that state the drivers license and vehicle license must be the same. I rented a car in Kentucky last year and I have a Washington state drivers license. Good luck.

A reply to Racer's answer - I do not condone what my son did. He knows better and was raised better. I know don't why people always want to put the blame back on the parents but in this case it was mis-directed. I don't know if you have children but if you do you will someday realise that no matter how well you try and teach them and bring them up right they have their own individuality. He is not a bad man. He doesn't drink, smoke or do dope. But I am sure 95% of people driving get peeved off at others on the highway for riding their bumpers, cutting them off, etc., etc. I even get upset at times and I think I am a pretty patient person. It seems to me the detective was the one with the "road rage". I thank you for your reply anyway but if you are going to be an attorney a little bit of advice - don't jump to conclusions and blame the wrong party without knowing the facts.

[HomeGuru]

I am an attorney and support the response provided by racer72.
If you check with the professionals with respect to the signs and symptoms of road rage, flipping someone of is on the list. Not drinking, smoking or doing drugs has nothing to do with the fact that he committed the act.

In this post, I respectfully disagree with racer72. It is my opinion that the first 2 counts on the ticket stand as written and said driver is guilty as charged.

I wasn't disagreeing or agreeing with what Racer72 said concerning the ticket- only the part where he stated "that if I had raised him better he wouldn't have gotten a ticket". Let me ask you this - Is following a car so close that the car ahead can't even see the others headlights in his rear view mirror considered "road rage"? The person behind didn't flash any lights or have emergency light on, he was just "pushing" wanting the one in front to go faster. I don't think my son was guilty of any driving violations other than not having his seat belt on and then to the flipping of someone off. The detective was commiting a violation by following too close behind another vehicle and if it was my son or anyone else doing this behind an unmarked police car then we would have been pulled and given a ticket for it. But that is not the issue here. What it boils down to is that the detective got mad at the offensive gesture (and I don't blame him, I would have to) and dropped back behind him and stopped him and wrote him up on two bogus charges and one that was actual. Doesn't anyone out there think that the detective was wrong in what he did? Just because he is a detective doesn't give him the right to ride people bumpers. There are two sides to this story and someone should listen as to what really happened - not just to the gestering.

[HomeGuru]

You are correct and I agree that the actions the detective took while in operation of his motor vehicle was wrong.
The fact of the matter remains though, that it is only the detective that is allowed by law to give the tickets. You and your son could not give him a ticket for his reckless driving.
That is the true reality.