"Improper Method of Giving Hand Signal" or "giving a cop the middle finger"

[pinkyrabbit]

You are getting answers. Unfortunately for you, the majority of them are of the same usefulness and consideration (and deservedly so) that your response was to the police officer.

1) Middle finger is NOT obscene. The Supreme Court has said so.
2) If you're going to harp on me for doing something dumb/useless, don't make parallels to yourself.
3) "He was being an ass" doesn't justify contempt of cop.

"I actually came here to get an experienced answer or at least a relevant opinion on if this would stand in court, but you just like to bicker."

 

[Silverplum]

1) Middle finger is NOT obscene. The Supreme Court has said so.

Then what was the purpose of waving it at the cop?

2) If you're going to harp on me for doing something dumb/useless, don't make parallels to yourself.

I'll bet you're a favorite of each of your professors.

3) "He was being an ass" doesn't justify contempt of cop.

What, precisely, is the legal definition of "contempt of cop"??

"I actually came here to get an experienced answer or at least a relevant opinion on if this would stand in court, but you just like to bicker."

That's a shame.

 

[CreativeBlock]

1) Middle finger is NOT obscene. The Supreme Court has said so.

The SC may have said it isn't, but that has no bearing on what others here might think.

2) If you're going to harp on me for doing something dumb/useless, don't make parallels to yourself.

Believe me, I'm not. Thankfully, I don't resort to childish gestures when I disagree with something. I DO something about it.

However, I am trying to convey to you that Karma tends to be a bit of a bitch. You were disrespectful to an officer doing his job, and you're reaping a bit of disrespect as well.

Surely, you're smart enough to make THAT parallel.

3) "He was being an ass" doesn't justify contempt of cop.

It justifies "contempt of us."

 

[pinkyrabbit]

No, I'm not being witty. At least, I'm not trying to be. And your previous post wasn't as specific as I'm asking you to be.

Were you, in fact, late for your physics test?
Are you going to respond by mail, or are you going to court?

And anything else you can think of. I do have a point to make, I just don't want to assume anything.

Ah, its hard to judge tone through text.

Regarding school: I was about 45 minutes late for Physics and had to make up the test. I was called down to the dean to wait 30 minutes only to be told he needed to talk to somebody about it first (possible suspension)

If I pay it: I have a $113 ticket, 2 points on my license, insurance cost increase

I don't know what I'm going to do, because I don't know if I can win in court. It seems like I should be able to, because this IS contempt of cop by -practical- definition. I don't know if it is by legal definition though.

 

[pinkyrabbit]

"You are getting answers. Unfortunately for you, the majority of them are of the same usefulness and consideration (and deservedly so) that your response was to the police officer."

"Believe me, I'm not [making parallels]. Thankfully, I don't resort to childish gestures when I disagree with something. I DO something about it."

>>Calling me an idiot and saying I deserve a ticket for using my first amendment rights.

You are silly.

 

[Zigner]

Ah, its hard to judge tone through text.

Regarding school: I was about 45 minutes late for Physics and had to make up the test. I was called down to the dean to wait 30 minutes only to be told he needed to talk to somebody about it first (possible suspension)

If I pay it: I have a $113 ticket, 2 points on my license, insurance cost increase

Wow...all that because you wanted to "stick it" to the man!

 

[CreativeBlock]

Calling me an idiot and saying I deserve a ticket for using my first amendment rights.

Not at all. That you deserve the hassle for being an arse and insulting someone who was simply doing their job. And a job that's often unpleasant at best, at that, too.

And using one's FA rights is not the same as abusing one's FA rights. Perhaps once you grow up, you'll learn the difference.

You are silly.

You're immature.

 

[CreativeBlock]

insurance cost increase

That mom and dad will have the dubious pleasure of paying for, I'm sure.

Perhaps, now we might understand how others might see you as being frightfully immature?

 

[CreativeBlock]

Wow...all that because you wanted to "stick it" to the man!

I wonder if he thinks it was worth it.

Silly me ... he'll only blame it on the system or the poor only-doing-his-job police officer.

 

[Silverplum]

I wonder if he thinks it was worth it.

Silly me ... he'll only blame it on the system or the poor only-doing-his-job police officer.

The Case of the Contemptuous Cop!

 

[pinkyrabbit]

Not at all. That you deserve the hassle for being an arse and insulting someone who was simply doing their job. And a job that's often unpleasant at best, at that, too.

And using one's FA rights is not the same as abusing one's FA rights. Perhaps once you grow up, you'll learn the difference.



You're immature.

Theres a difference between being hassled and being ticketed. He could have pulled me over and checked my entire car, I would have found it annoying sure, but I wouldn't have any resent toward our legal system. I agree the police are respectable and helpful, but this same officer is sitting in that same parking lot pretty much EVERY morning for about 30 minutes and has pulled over people I know for cutting through an empty parking church parking lot at 7am on school days, or making rolling stops. While I personally do not make rolling stops nor cut across parking lots, I assumed it would be safe to tell that officer "I don't like what you're doing here" with my middle finger when I see him. If you really think giving a middle finger is abusing freedom of speech, I really hope you're not a cop who is supposed to be upholding our constitution. As interpreted by the Supreme Court the middle finger is NOT obscene and those are the interpretations citations should be based on. You call me immature, but thats a nonfactor in this situation. Unless youre just putting me down for the sake of doing it, in which I call you a hypocrite once more. My parents WILL be paying for the insurance raises, because I gave a cop the middle finger. Does that sound like a "fair and just" system to you when in FL we already have ridiculous insurance rates?

You're dumb. Cite me a case where this kind of ticket has been upheld, and my question will be answered.

 

[You Are Guilty]

Is it already time for our Annual "I Flipped Off a Cop" post? I don't suppose anyone feels like, oh, I don't know, maybe reading any of the myriad of other responses given over the years to the exact same question?

 

[demurringdude]

You ought to be able to get off this pretty easily, if you go about it correctly. You clearly didn't violate the statute you were charged with. You need to think about whether you are confident enough to argue that excellent point with a judge, or if you might need an attorney to do it for you. Having a good case does not mean you will win, you have to know exactly what to do and say in court, and most people don't have that ability.

As you have correctly researched, you can give a police officer the finger any time you like, in any state. It seems rather rude to me, but it's a right you have nonetheless.

 

[>Charlotte<]

Ah, its hard to judge tone through text.

Regarding school: I was about 45 minutes late for Physics and had to make up the test. I was called down to the dean to wait 30 minutes only to be told he needed to talk to somebody about it first (possible suspension)

If I pay it: I have a $113 ticket, 2 points on my license, insurance cost increase

I don't know what I'm going to do, because I don't know if I can win in court. It seems like I should be able to, because this IS contempt of cop by -practical- definition. I don't know if it is by legal definition though.

And that's it, right there.

If Carl would be good enough to back me up on this, I believe the official penalty for "Contempt of Cop" is "Make Having To Deal With It A Real Pain In The Ass". I doubt the police officer cares whether you win or lose. You've already experienced a considerable amount of inconvenience, as he knew you would.

If I was a cop, it would really torque me off to see some punk flip me off like that for doing my job. Especially if I almost got clipped by some ice head the night before, or just fished a newborn baby out of a toilet. So, what can he do about it? Probably not much, other than make having to deal with it a real pain in your ass. And, in my opinion, a well deserved pain in your ass.

So it's either a free speech issue or it's not, but that's the only defense that makes sense to me. You can cite SCOTUS and the Bill of Rights and Thomas Jefferson if you want and see what kind of mood the judge is in, but I think CdwJava's reasoning as to why it might be dismissed makes sense.

 

[pinkyrabbit]

Is it already time for our Annual "I Flipped Off a Cop" post? I don't suppose anyone feels like, oh, I don't know, maybe reading any of the myriad of other responses given over the years to the exact same question?

Unfortunately, it wasnt a "I flipped off a cop so he pulled me over and found blah blah" but was actually ticketed for the ACT of giving him my middle finger. I did loads of reading on previous cases and threads and so forth but none specific to getting a "hand violation" while flipping off the cop.

Demurringdude hit the nail on the head. I have to be able to prove I wasn't violating the statute (which I do not know if I was or was not, because I don't have any experience with law or interpreting laws) and I did not know if an attorney would be able to prove that what I did was not violating. Thats why I came here, to find out if anyone knew "Yes, that is technically violating that statute"; "No, an attorney wont be able to win that battle for you because..."; or "You would tear that cop a new one if you took him to court for that". something along these lines.