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Two Tickets for Same Offense

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J

jack14

Guest
What is the name of your state? Kentucky

Background:
While returning to school my son was pulled over for speeding outside of Elizabethtown Kentucky by two different officers simultaneously. One, a State Trooper issued him a ticket for 65 in a 50. He was then instructed to remain there and the trooper left the scene leaving my son with the other officer, a local policeman. This gentleman then went and issued my son a second ticket for 82 in a 50. My son made no attempt to flee or evade the police. He stated to me that he was also treated to the point of being provoked into saying something wrong that would bring about other charges. He remained calm and polite.
My son has been raised not to question authority. He cooperated fully with the officers and was polite and congenial as were the ladies that were with him. They were all dressed from having gone to late morning church services. My son was in his Sunday suit and tie. He has out of state plates on his car as he is an out of state college student.

Question:
Is it legal in Kentucky for the police to issue to tickets for the same offense.
 
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I AM ALWAYS LIABLE

Senior Member
jack14 said:
What is the name of your state? Kentucky

Background:
While returning to school my son was pulled over for speeding outside of Elizabethtown Kentucky by two different officers simultaneously. One, a State Trooper issued him a ticket for 65 in a 50. He was then instructed to remain there and the trooper left the scene leaving my son with the other officer, a local policeman. This gentleman then went and issued my son a second ticket for 82 in a 50. My son made no attempt to flee or evade the police. He stated to me that he was also treated to the point of being provoked into saying something wrong that would bring about other charges. He remained calm and polite.
My son has been raised not to question authority. He cooperated fully with the officers and was polite and congenial as were the ladies that were with him. They were all dressed from having gone to late morning church services. My son was in his Sunday suit and tie. He has out of state plates on his car as he is an out of state college student.]


Question:
Is it legal in Kentucky for the police to issue two tickets to someone like this to the tune of $189.00 EACH TICKET? [edited by m]


==========================================


My response:

Like your son, your post was very nice, congenial, yet concerned. That's to be expected, and is quite appropriate as a concerned parent.

Then, I got to your "question". I didn't appreciate your language use. Therefore, there will be no responses.

IAAL
 
Last edited by a moderator:

I AM ALWAYS LIABLE

Senior Member
My response:

Sorry, you're too late. I've already captured your original, unedited, post using the phrase "anal rape."

No responses for you!

IAAL
 
J

jack14

Guest
I apologize and have edited the original post. Life is hard enough trying to get two kids through private schools. I don't need to be supporting the entire state of Kentucky as well. Again, I apologize for venting my frustrations in such an inappropriate manor.
 
J

jack14

Guest
Sorry Again

Sorry there are people in this world that feel they are so much above the rest that they can act as judge, jury and executioner. There is another phrase that I could have used in place of the one I did. THAT would have been wrong. Thanks for your time!
 

Bravo8

Member
I will respond, if for no other reason than to clarify a few points. Although I tend to agree with IAAL, I can empathize with the frustration that would cause one to say something inappropriate like that.

Honestly, your post leaves a little of the important information out. What are the locations of the offenses? My guess would be that they are different.

Since the speeds are different, I am going to offer the following speculation........

Your son was cruising along at 80+ mph in a 50 zone. A local officer clocks his speed, and begins to initiate a stop. He has difficulty in catching up to your son's vehicle, as he is already traveling in excess of 80 mph, and the officer has to start from a stand-still. The one of two things occur.........

Your son passes a State Trooper traveling in excess of the speed limit, and the Trooper stops him. Shortly thereafter, the local PD officr arrives and explains to the Trooper that he was also trying to stop your son. The Trooper issues your son a citation for the violation he observed, and the local officer issues one for the earlier violation.

On the other hand........

The local officer calls for assistance in catching a vehicle traveling at a very excessive speed. The State is contacted, and a Trooper happens to be in the area. He sees your son, and clocks him at 65 mph. He stops you son and follows the above example......

Either way, they are not the same violation. They occured at two distinct times at two distinct locations.

This is all speculation though. The best thing to do is just call oneof the officers and ask about it. But leave the "anal rape" comment out of the conversation, ok?
 
J

jack14

Guest
Bravo8-
Thanks for the response. Allow me to clarify further on some of the unknown information and to add some comments and a scenario of my own.

Vehicle information:
My son is driving my old 91' Plymouth Sundance 2.0L SOHC (single over-head cam) with about 120,000 miles and cracked piston ring(s) in the #3 cylinder (oil blow-by foils the spark plug). All considered it puts out maybe 90-95 HP. It's too old to fix. It runs okay around town and she can do 80 mph for a short period of time before it starts to protest and shake and rattle.
The average Police pursuit cruisers on the other hand tend to use V-8 engines more in the 4.6L / 5.4L range that put out in excess of 235 HP using modified engines and suspension components. Dead stop acceleration on these vehicles is also higher than the standard issue vehicle. All said, they can do 0-60 in under 8 seconds and run around 140-150 MPH. I'll stake my 21 years in the auto industry in saying that my old Sundance is no match.
Considering my son passing a cruiser doing 80 and the cruiser at a standstill 20 yards off the roadway on gravel or grass, it will still be able to catch a car doing 80 in a relatively short time and distance. Hardly what I would call a "pursuit" or "need for assistance" in stopping someone. Also consider him being on a 4 lane divided road in the middle of corn, soybean and tobacco fields where the local officer would have known that there would be nowhere for him to run even if he wanted. The bottom line is, there was no refusing to stop, no evasive action and no police pursuit. Anyway, let's not get to over dramatic about all this. It was a routine stop in all respects.
Then there are the radios. Police tend to monitor multiple frequencies. If one heard the other call in that he was moving on a traffic violation, the other would have most likely herd it and have known the officers location as it is common practice for them to report it on the calls.

More about my son:
My son is student at a college in Kentucky and was returning to school after having attending some special services in Lebanon Kentucky. My original post stated that there were girls in the car. My mistake.
I have since talked to my son and he has clarified to me that there was one girl and two other male students. The girl and two other gentlemen in the car with my son had also attended the same services and are also studying for entry into the ministries. The gentleman, all clean cut and proper, still had on their suit pants and ties and had placed their suit coats in the trunk. The lady was also dressed appropriately for the occasion. Everyone was polite.

More about the incident:
The police officers were more interested in the way my son talked then in the way he was dressed. You see, he is from Illinois and does not have a southern drawl when he speaks. For this (speech) he was ridiculed. I have no problem with such ignorance! Besides there are no laws that govern comments. It should also be noted as previously stated that the license plates on my son's car are also from Illinois and that he was stopped just outside of Elizabethtown Kentucky. He was also ticketed for not having proof of insurance. He found his insurance card in the car the following day. They said he can just fax in a copy and that will be taken care of. I found that funny as anyone can use a computer to scan someone else's information, alter the names and then fax in the results. Anyway, not the point!
My son also told me that the two officers talked amongst themselves for a few minutes before approaching his car. He offered no bribe and they did not solicit one from him.
BOTH the tickets showed RADAR as the source for determining his exact speed and neither officer offered to show him the gun. Already being in a discomforting position, he did not challenge their authority and ask to see the guns. They thought never even crossed his mind!

My son was speeding! Nobody is arguing this fact and payment of this ticket is not a problem. The ticket for non-proof of insurance is also not a problem as stated above.

How's this for a scenario:
A couple of "good old southern boys" from Kentucky were parked along the road shooting the breeze when along comes a car full of kids with out of state plates speeding "recklessly" down one of their roads. Beings the car is from out of town and from the NORTH no less, they needed to teach the driver a lesson and pulled him over. After some questions and a little ridicule they know he is about 3 hours away from school and about 11 hours from home. So they figure, lets just slap him with a bunch of tickets. He won't go through the time and expense to come back to court. Even if he did, it's our word against his right? He won't bother to hire an attorney either because of the cost. There'll be no investigation to check our dashboard mounted cameras that recorded everything that happened (including the "pursuit time") and no subpoena for the tapes from our radio transmission to see if we radioed in to our dispatchers at the same time and listen to what we said and when we said it. No time trail at all. Nobody will bother to take the time to go through our court records to see if other out of state people have had multiple tickets issued to them on the same day, place and time. He'll just have to take whatever we give him won't he?

All things being equal, we can scenario this thing to death. Let's assume for a moment that you are wrong but the officers claims exactly what you say in that he needed assistance to stop my son.

Question:
Can the officer make the claim that he had difficulty in getting his 4.6 liter 235 horsepower specially modified pursuit vehicle up to speed in a reasonable amount of time and distance as to catch my sons 91' Plymouth Sundance with it's 2.0L single overhead cam engine with cracked piston rings in the number three cylinder that has over 120,000 miles on its 90-95 horsepower engine traveling at 80 miles per hour?
All things being equal, isn't my son innocent until being PROVEN guilty or do we just assume that he isn't being truthful? If the officers make such a claim can he not ask them to produce the video from their onboard dash mounted cameras as evidence to PROVE the time and distance that they claim to have traveled? Can he not ask them to produce as evidence the tape recordings between themselves and the dispatchers that record the time and place of the radio transmissions? What happens if those videos show two police cruisers traveling together from the beginning and they catch up to and pull my son over together? Can they make such a claim without the risk of perjury or in having to produce such evidence to support it? If he can prove them to be liars in court will THEY face charges or will the case just be dismissed (at best).

Thanks again for your time.
 
M

Mike101

Guest
What I think happened was your son was doing 82 mph in a 50 mph zone. Saw the local police officer and then hit his brakes. While in the process of hitting his brakes he was clocked at 65 mph in the 50 zone.
There a two different violations and two citations are justified.
 
J

jack14

Guest
Thanks for the direct response Mike-
It would take about 50 yards for him to reduce his speed from 80 to 65. I mean, how far apart are these two cars that they clock him in this manner?
Anyway, if it's legal like you say than it's legal. I guess that means they can just line the roadway bumper to bumper with every cruiser on the force and have them all clock you with their RADAR guns simultaneously. This really troubles me.

On another note. It's been 6 days now and today we received in the mail a letter from a private attorney in Elizabethtown Kentucky offering his assistance in legal representation. He states that "his staff has recently discovered charges filed against you in Hardin County".
*No fee for initial consultation
*My total fee for a negotiated plea agreement is $125
*Most cases can be take care of for this amount (yes, "can be take" not "taken")
*I regularly represent clients for this type of case (NOT SURPRISED ONE BIT)
He will even match a competitors "cheaper fee" if you bring in their letter.

I have never heard of attorneys that "ambulance chase" speeding violations. I find this suspicious but maybe that's just me. The attorney states that he was a local officer for 11 years before becoming an attorney. Kickback money to the cops writing the tickets if he gets the case? ? ? Sorry, bad scenario! That would be dishonest! Anyway, the whole thing has a bad smell to it and I'm now certain of my original claim.

Thanks again everyone!

PS: I can scan and upload the letter if anyone would like a laugh. My son has the tickets.
 

Bravo8

Member
I'll say it again.....Call the officers and ask them. What can it hurt? You seem to want to believe the big, bad policemen were harassing your son, instead of the possibility that what I offered is true.

Pick up your telephone, place a call to the Officer and Trooper, and ask them why your son got two citations.

Also, you never answered my question about the locations. I would assume that the location would be listed on citations i Kentucky, as they are here in Pennsylvania. What do they say? Do they list separate locations?

"......specially modified pursuit vehicle....." oh, that's a good one......joke, that is.

IAAL was right in the first place............
 
J

jack14

Guest
Bravo8-
Thanks again for a reply. I'll take your advice and try calling.

Yes, the tickets show the same location, date and time. Thought I already made that clear. Time being within 10 minutes of one another which is how long it would take the first officer to write one. Again, I thought I was clear. Same stretch of highway, two officers, one behind the other. They all stopped together!

Police Cruisers come off the assembly lines with special packages on them. They are ordered this way by the local municipalities that purchase them. They don't buy them off a dealership lot. This is what I mean by being "specially modified". The general public can not order a car with the engine and suspension packages that patrol cars have. Anyway, you have the Internet so try a keyword search on "high horsepower police vehicles" or "specially modified" and see what you get. Twist the wording any way you like, the point is the cars are SPECIALLY BUILT for the POLICE for both speed and performance (among other things) and are not standard issue to the general public. I don't understand why you see it as humorous but really don't care either. The point is anything the police have would easily catch what my son was driving. No need for outside assistance. Again, if it makes you happy I will call.
In the final analysis, Mike101 gave me a direct response without all the insinuations, second guessing and hypothetical deductions. Two officers parked side by side or one behind the other (in close proximity) can clock a vehicle simultaneously and both initiate a stop (simultaneously) and each can issue the offender a ticket. That's all I was asking in the first place.

As far as I'm considered it's "case closed". If you feel some need to get in the last word then be my guest!

Thanks again to Mike101 for a simple and straight answer.
 

lauras2u

Member
Out of State?

If your really believe that the police are more likely to issue tickets to out of state vehicles, and i think they might be, then why was your son doing over 80mph? If you think they will issue more tickets, don't you think it would be prudent to try to obey local speed limits?

Anyway, although you don't like the idea of that attorney, he could probibly save you time if your son intends to fight it.
 

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