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Violation of Rights? Unnecessary risk?

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TinKnox

Junior Member
What is the name of your state? Tennessee

This starts off terribly. Memorial Day weekend and I am on my motorcycle.

A few things you should know before hand:
My wife is riding with me and she is pregnant (now don't go condemning me just yet) I do obey the traffic laws, have taken and passed the motorcycle safety course, and am very mindful of my surroundings.
My motorcycle is designed so that my powerband doesn't kick in until around 10,000 RPM's.
You can pick up speed faster in lower gears than in higher ones.

Ok.

I am driving down the interstate going to a near by town with my in-laws. I am behind a truck in the fast lane doing 65 MPH. We are topping a hill and he gets over to let me through. I am in a high gear on my bike at around 6,000 RPMs, I do not down shift, i just simply roll onto the throttle a little to get in front of him and out of his blind spot. That is when I see a State Trooper on the side of the road and I begin to slow down because I was in front of the truck already and call it habit to slow when in the presence of law enforcement.

Well he puts the lights (none on top of his car, all inside) and starts to pull out. I know he is coming for me so I put on my turn signal and begin to pull over. We are at an Exit that I know, so I decide to get off the ext and go to the Gas station on the corner of the exit. It is well lit, versus the dim, orange lit lights on the side of the highway.

he signals the sirens, so I wave to him and point to the gas station. (I do not have hazard lights or I would have turned them on). He signals the siren again, so I pointed to the gas station again. He speeds up and gets beside me, and yells out the window to pull over. I said to him that I was going to the gas station to pull over. He said that I was going to pull over now!!! he then sped up and cut his car so that I would either stop or wreck into him. I stopped in time, thankfully.

He gets out, rears back and slams his car door. Stomps over to me and gets in my face yelling that I will stop when he tells me to. I said back that I was going to a well lit location. He pointed up to the dim-lit, orange street light (accidentally hitting my helmet on the way up) and asked what I called that. I responded that I did not call it well lit in my definition. He asked me what I did call well lit by definition, and I pointed to the gas station on the corner and said "that". He then asked me what his car looked like, and I told him a police car. He asked me if I though they just gave those out to any idiot. I said no, but I didn't know where he got his paint job.

He then said that I was doing 87, and I said that I wasn't. He asked me if I thought he just made that number up, and I said yes. he said well, you sure did slam on your brakes when you seen me. I replied, yes I did. (I was un-aware that that was a crime, or admission to guilt)

I do know that I was in a high gear, and at a low RPM, and was only trying to get out of a blind spot, and had my wife with me. I know that I would not have been able to reach that speed in that short amount of time, without gearing down and applying a lot of throttle. I also know that I wouldn't have with my wife riding. Also, I have a digital Speedometer, and habit is to look at it when you first see a police car. I looked down and saw 71 MPH.

He then said that he wanted my driver's license. So I told him that I needed to get off my bike to get it, and looked at the pavement (implying that in order to do so , he needed to step back a few feet, out of my face, so that I may have room to dismount.) My wife got off, then I got off and gave him my license.

That is when I pulled out my cell phone and was going to call my party and let them know that I would not be there when I said I would. I did not want them to worry about me or my wife being hurt or anything. He said that I had better hang up the phone. I asked why? he said because he told me to. At this time I was tired of him yelling at me, and was angered towards him for putting me, my wife, and un-born child in danger with his car maneuver. So I asked him if that was an order. He said that it was a Lawful order, and that I had better do it now. I told him that I was, which I was, and locking it so that I didn't accidentally call anyone else by accident from my pocket.

He asked for my license and other pertinent information. I gave him what I had. he went back to his car and began to write the ticket.

He came back with a ticket for a few miscellaneous things that I was in violation of, and a speeding ticket of 87 MPH. I was shocked, and ready to leave. But I said that I wasn't doing 87 MPH.

So my question is, were my rights violated? Also, can I fight and win an argument in the courts about the actual speed? And can he forcible make me stop, and put my and my passenger's lives in jeopardy even though he was informed that I was stopping?
 


BelizeBreeze

Senior Member
First, when you saw the lights you needed to pull to the side of the road. PERIOD. It is not your RIGHT to tell the officer where you will decide to stop.

The rest of it is attitude. it was memorial weekend. regardless of your thoughts, you began this little episode by not pulling off to the side of the road as required.
 

CdwJava

Senior Member
What rights were violated? This is a very specific thing.

Of course you might prevail at trial. A judge might buy your story ... he might not. But your attitude starting with you deciding where to stop did not help matters.

Plus, even if you win on speed, you may not win on the other matters you say he cited you for but did not specify. Who knows - maybe you can plead to those lesser offenses?

- Carl
 

TinKnox

Junior Member
Firt let me thank everyone fro their responses. And a quick time also.

The lessor violations, was not having my registration on my person, having an expired insurance card (which I have insurance, but had an expired card on me). And the wrong permenant address on my driver's license. (I am having to rent to own a house, and haven't changed my address yet, I was wanting to wait to make sure I get the house)

In Knoxville, we have been seeing tons of commercials letting us know to pull to a well lit location. There have been people impersinating police officers and they want the community to be safe.

So is it a crime to pull to a well lit area? is it a crime that I didn't pull over right away? Where is this regulatory law? I mean it may sound frivilious, but what is the distanca I can travel before pulling over? I just cannot bow up on my breaks and stop right there. Also, what about him positioning his car so that I either immediately stopped or wrecked? Is that not a violation of my rights?
 

CdwJava

Senior Member
TinKnox said:
So is it a crime to pull to a well lit area?
Not directly ... though it can be a crime to fail to yield to a peace officer or to obstruct or delay him. This is an arguable issue in court. However, since you were apparently not cited for this, it is NOT an issue for court.

I mean it may sound frivilious, but what is the distanca I can travel before pulling over?
Minimal. The officer controls the location of the stop. There could be a number of reasons why he did not want you to go to the gas station ... perhaps he felt you could flee once you got off the freeway, or perhaps he thought you might have friends there that could be a dagner to him. Who knows? But, it is a non issues as you were not cited for this.

Also, what about him positioning his car so that I either immediately stopped or wrecked? Is that not a violation of my rights?
What "right" was violated by him pulling in front of you? it might not have been safe, but there is no violation of your "rights" that I can see by his doing this.

If you feel this was an unsafe act, by all means report him to his supervisors. But as an issue for court, it is moot as you were neither damaged by the act and you are not being charged with a failure to yield or with resisting arrest or a related offense.

- Carl
 

TinKnox

Junior Member
CdwJava said:
Minimal. The officer controls the location of the stop. There could be a number of reasons why he did not want you to go to the gas station ... perhaps he felt you could flee once you got off the freeway, or perhaps he thought you might have friends there that could be a dagner to him. Who knows? But, it is a non issues as you were not cited for this.

What "right" was violated by him pulling in front of you? it might not have been safe, but there is no violation of your "rights" that I can see by his doing this.

If you feel this was an unsafe act, by all means report him to his supervisors. But as an issue for court, it is moot as you were neither damaged by the act and you are not being charged with a failure to yield or with resisting arrest or a related offense.

- Carl
I understand and agree with this statement. However that was not the case, nor was I aware of him maybe thinking that at the time. (about the fleeing or attempt to place him in danger)

As to what right...Right of way.
 

CdwJava

Senior Member
TinKnox said:
I understand and agree with this statement. However that was not the case, nor was I aware of him maybe thinking that at the time. (about the fleeing or attempt to place him in danger)
You are obligated to yield ... and the officer's reasoning does not have to be correct, only that it was reasonable. But, once again it is a moot point as you were not charged with a crime for which this mioght be an issue.

As to what right...Right of way.
What? That's not a "right" in the traditional sense of the term. And once he activated his lights you were legally obligated to yield and you had no further "right of way" (whatever you mean by that term) in any event.

As i said, it might not have been a wise move, but it was almost certainly lawful. Likewise, not allowing you to yield at the gas station may not have been a choice I would have made, but it is lawful for him to enforce a stop prior to that point. Once again, it is not an issue here.

Your issue is speed, insurance, and registration ... I imagine the other two are "fix it" tickets so they should easily - and cheaply - disposed of.

- Carl
 

AHA

Senior Member
TinKnox said:
This matter has been taken care of.
Wow, that's the quickest court process I've ever heard of!!!

edit:
Or was the 10-15 min spent on just paying the tickets?
 

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