Trooper tailgated me until I began speeding

[ColtDriver]

What is the name of your state (only U.S. law)? Massachusetts

I was driving along the Massachusetts Turnpike two days ago, going with the flow of traffic in the left lane -- about 72 mph (in a 65 zone), along with 3-4 other cars who were ahead of me and also passing slower-moving traffic in the middle lane. A black car came up behind me and began tailgating so close that I almost panicked. I tapped my brake lights, but he/she did not back off. I was afraid of slowing down, because the driver was so close to the back of my car. When we passed the traffic that was to my right, I moved back into the middle lane, thinking the reckless driver would continue in the left lane and tailgate the next guy ahead of me. Instead, the driver followed me into the middle lane and KEPT TAILGATING me. I couldn't get into the right lane, I was afraid of slowing down lest the drive hit me, and so instead I floored my accelerator, trying to zoom ahead of the reckless driver and cut into the left lane in a fashion that he wouldn't be able to follow me.

As I was about to cut left, the tailgating car began flashing police lights - it was an unmarked state trooper who had been tailgating me the whole time! He ticketed me for going 90 in a 65 (clocked and estimated) (which was furthermore bulls*** - I drive a 92 colt, which was filled with boxes of books, and can't even go that fast when it's empty!). I tried to object (politely) to the officer's intimidation tactics and dangerous, reckless driving, but he would have none of it. I want to file a complaint against him, as well as contest the ticket. I'll accept responsibility for driving 72 in a 65 zone (which will definitely not be the $250 fine he gave me!), but I acted in self-defense by trying to get away from his incredibly aggressive and dangerous driving. Any advice here? What are my rights?

 

[Zigner]

What is the name of your state (only U.S. law)? Massachusetts

Really? I bet his version of the story will be a tad bit different.

Did you have a question?

 

[ColtDriver]

yes! My question is, what are my rights? Am I liable for speeding when it was in order to get away from an unmarked trooper who was tailgating me dangerously? He broke the law, and all my actions were subsequent to his persistent tailgating. If he had simply backed off, there would have been zero problem, and he never would have cited me for speeding. Therein lies the point of his actions, clearly.

I also have no doubt that his version of the story would be different. Come on! Obviously, he was trying very hard to make his quota - or else he just didn't like the look of my car or the bumper stickers or the out-of-state plates. I'm sure he wouldn't admit to what he did -- because he could lose his job over something like that (and, frankly, he should). But that doesn't change the fact that he did this. I've never received a speeding ticket in my life - not just because I'm "lucky," but because I'm a safe driver. I had been driving from Chicago for two days, and of all the police vehicles I passed, I didn't once get pulled over. I still defend my actions, because given the choices available to me, I didn't have another alternative. I've never been tailgated so close, or for so long. I was terrified -- and to think it was from an officer who is sworn to "serve and protect?" Such a stupid thing for him to do.

I'm wondering how Massachusetts state troopers deal with infractions that come down to "he said-she said." Does anybody know whether state troopers' vehicles in Massachusetts come equipped with a video camera on the hood? I'd love to show a courtroom the entire incident.

 

[Zigner]

yes! My question is, what are my rights? Am I liable for speeding when it was in order to get away from an unmarked trooper who was tailgating me dangerously? He broke the law, and all my actions were subsequent to his persistent tailgating. If he had simply backed off, there would have been zero problem, and he never would have cited me for speeding. Therein lies the point of his actions, clearly.

I also have no doubt that his version of the story would be different. Come on! Obviously, he was trying very hard to make his quota - or else he just didn't like the look of my car or the bumper stickers or the out-of-state plates. I'm sure he wouldn't admit to what he did -- because he could lose his job over something like that (and, frankly, he should). But that doesn't change the fact that he did this. I've never received a speeding ticket in my life - not just because I'm "lucky," but because I'm a safe driver. I had been driving from Chicago for two days, and of all the police vehicles I passed, I didn't once get pulled over. I still defend my actions, because given the choices available to me, I didn't have another alternative. I've never been tailgated so close, or for so long. I was terrified -- and to think it was from an officer who is sworn to "serve and protect?" Such a stupid thing for him to do.

I'm wondering how Massachusetts state troopers deal with infractions that come down to "he said-she said." Does anybody know whether state troopers' vehicles in Massachusetts come equipped with a video camera on the hood? I'd love to show a courtroom the entire incident.

How many lanes were there in each direction?

 

[Maestro64]

Zinger, thank you for the "Your Guilty" verdict in this case.


Coltdriver,

No matter what happen on that highway, do not expect the officer to make any statement in court or otherwise that he was tailgating, even if he did the officer will say you did not have to speed up, you could have simply pulled over.

As you will find out you have no rights to defend or flee from someone who is threatening you on the highway or acting aggressive towards you. If they were in your house doing this you could defend yourself, not the case on the highway.

The way is works in MA is you go to a Magistrate hearing, it is basically you say he says, you are "responsible." Then you have to appeal the decision and have a real hearing with a real judge and hope to some how convince the judge your life felt threaten and the officer action lead to that feeling and you did everything you do on a busy highway to avoid the this drivers action.

 

[Jim_bo]

Really? I bet his version of the story will be a tad bit different.

Of course his version of the story will be different... the guy was reckless and intimidating!! You don't think he is going to admit to that... do you? What planet are you from??


OP, you should file the complaint against the officer. Furthermore, if it were me, I would demand that the officer be cited for his reckless driving and insist that he justify his behavior in court where I will appear as witness against him. After all, if it is reasonable for you to appear in court where he testifies against you... the converse should be reasonable as well.

 

[ColtDriver]

thank you all for your responses. This is very helpful... I'm not from MA (and I was in the process of moving to Rhode Island when this happened), so I don't know how things work here. I feel better prepared now.

Zinger -- there were three lanes on the freeway. I had been driving in the left lane. I moved into the middle lane as soon as the traffic cleared. I did not move into the far right lane (which normally would have been a good idea), because it was filled with cars. I would have had to slow down dramatically to even try to squeeze in, and I was afraid to do so with the vehicle riding on my tail like that. -- slowing down while he was riding my tail was simply not an option. Maybe it wasn't the smartest decision in retrospect, but I thought this was some random crazy driver, and I was afraid he was going to run into my back end, he was so close. I maintain that it was illegal and unethical of the trooper to initiate the incident, or to put me in such a position where I felt endangered.

Whether or not I win the hearing, I still strongly feel this officer should not be on the road.

 

[KJHOOK13]

Bottom line -

Ok, the fact that you had out-of-state plates says it all. Yes, you probably were targeted from the get, out of staters are less prone to challenging tickets - and trust me, I've never known anyone local or outta state who challenged a ticket and went away with anything less then court costs. Often the court costs are as much or more than the fine. The problem you would have in trying to fight it is finding other drivers that were on that road and saw what the officer was doing. It would be cost prohibitive to do so.

If it makes you feel better, get the officer's name and send a letter to his superior and copy it to the state attorney general. It always makes me feel better!

 

[You Are Guilty]

And for your own good, you might want to avoid the "my car doesn't even go 90mph" defense. Judges tend to frown upon that stuff.

 

[Zigner]

If somebody is tailgating, you should move over to let that person by. Not speed up. You were lucky you weren't cited for racing...

 

[mommyof4]

Trooper tailgated me until I began speeding

I was driving along the Massachusetts Turnpike two days ago, going with the flow of traffic in the left lane -- about 72 mph (in a 65 zone),

So the title of your thread is a tad bit less than accurate, no?

 

[Zigner]

So the title of your thread is a tad bit less than accurate, no?

Good point. Perhaps our OP missed the little red light on the trooper

 

[ColtDriver]

If somebody is tailgating, you should move over to let that person by. Not speed up. You were lucky you weren't cited for racing...

You're right, that is the correct response. And as I wrote above, I *did* move over to let him by, when tapping my brake lights didn't work -- textbook response to a tailgater. But then he followed me into the middle lane and continued to tailgate. The textbook doesn't tell you what to do when THAT happens. Anyway, I accept responsibility for going 72 (and yes, Mommyof4, point taken, that is over the speed limit regardless of whether the flow of traffic was going that fast), and I'll pay the full fine if the judge deems my actions unacceptable regardless of the reason for provocation.

Whether I responded correctly is only half the point here, though. The other half, and frankly the more concerning half, is whether the trooper was behaving correctly, and what I can do to ensure he is warned/fined/monitored/removed from duty... You can disagree with how I responded, but do you think HIS behavior was justified? And do you think I should simply suck it up and not file a complaint? Call me idealistic, but I think I have a civic duty to report his behavior. Guy keeps this up, he WILL cause an accident. Guaranteed.

 

[Zigner]

You're right, that is the correct response. And as I wrote above, I *did* move over to let him by, when tapping my brake lights didn't work -- textbook response to a tailgater. But then he followed me into the middle lane and continued to tailgate. The textbook doesn't tell you what to do when THAT happens. Anyway, I accept responsibility for going 72 (and yes, Mommyof4, point taken, that is over the speed limit regardless of whether the flow of traffic was going that fast), and I'll pay the full fine if the judge deems my actions unacceptable regardless of the reason for provocation.

Whether I responded correctly is only half the point here, though. The other half, and frankly the more concerning half, is whether the trooper was behaving correctly, and what I can do to ensure he is warned/fined/monitored/removed from duty... You can disagree with how I responded, but do you think HIS behavior was justified? And do you think I should simply suck it up and not file a complaint? Call me idealistic, but I think I have a civic duty to report his behavior. Guy keeps this up, he WILL cause an accident. Guaranteed.

Betcha his report mentions that you failed to move over when he "lit you up"

 

[ErinGoBragh]

I'd just like to throw in my two cents: I drive on the Masspike at least once a month, and I've had this happen to me 3 separate times. The first time, I was a less experienced driver than I am now and I was so terrified when I couldn't get over (boxed in) that the trooper almost sent me into a guardrail- his bumper was almost touching mine, and when I veered off to the left to prevent getting hit, I missed the guardrail by inches and he kept going.

Ironically, they were never pulling me over. When I could manage to get over, they would usually go for the car in front of me, or just keep going. I never got a ticket, but I also never really go over 5-10 miles the speed limit when it's a 65. I reported all of these incidents and never heard anything of it, but it's EXTREMELY common on the Pike from what I've seen.