moving violation caused by cop

[bigd43606]

What is the name of your state? OHIO

Recently while driving down the highway , when person in front of me saw the cop checking speeds ahead. The person slammed his brakes on instictively and unnessessarily as we were close to the limit. I have done it before as do more people to one extent of another. Anyway this caused me to closed the gap between us, and before I could resume normal stopping distance the cop pulled me over and ticked me for following to close to the guy in front of me. How can he ticket me for a situation he caused by checking speed along the highway? Is this worth fighting? How should I fight this? I just returned to college and money is tight as it is. If I pay this fine I don't know how I am going to afford food and other living expenses. (Not to mention the points on my record)

 

[BelizeBreeze]

What is the name of your state? OHIO

Recently while driving down the highway , when person in front of me saw the cop checking speeds ahead. The person slammed his brakes on instictively and unnessessarily as we were close to the limit. I have done it before as do more people to one extent of another. Anyway this caused me to closed the gap between us, and before I could resume normal stopping distance the cop pulled me over and ticked me for following to close to the guy in front of me. How can he ticket me for a situation he caused by checking speed along the highway? Is this worth fighting? How should I fight this? I just returned to college and money is tight as it is. If I pay this fine I don't know how I am going to afford food and other living expenses. (Not to mention the points on my record)

If you had been following at the correct distance, his slamming on his brakes would not have caused you to create a dangerous distance.

It's totally legitimate.

 

[CdwJava]

When you go to court just explain as you did here. It probably won't fly, but a judge just might buy it.

The citation was legitimate. You now need to rely on a sympathetic judge or take traffic school if that is an option.

- Carl

 

[bigd43606]

I was in proper stopping distance though, otherwise I would have rear ended this guy. he did go from 65 to 45 in an instant. I can't believe that this ticket would even have a chance of being upheld. This is just a money making scam, to bilk hardworking citizens out of money. And although we have the right to due process, I have been tried and convicted already. A trial is a just a formality, this just ticks me off.

Here's a hypothetical question: say I had rear ended this guy and gotten injured. Could the state be sued for creating an unsafe condition on the highway as it is a natural response to tap the brakes when you see a cop on the highway. this guy was just a little more extreme than a tap.

 

[BelizeBreeze]

I was in proper stopping distance though, otherwise I would have rear ended this guy. he did go from 65 to 45 in an instant. I can't believe that this ticket would even have a chance of being upheld. This is just a money making scam, to bilk hardworking citizens out of money. And although we have the right to due process, I have been tried and convicted already. A trial is a just a formality, this just ticks me off.

Here's a hypothetical question: say I had rear ended this guy and gotten injured. Could the state be sued for creating an unsafe condition on the highway as it is a natural response to tap the brakes when you see a cop on the highway. this guy was just a little more extreme than a tap.

We don't do hypotheticals. and proper distance between cars is approx. 10 feet for each 10 miles per hour so if you had been paying attention and were 70 to 80 feet behind the other driver, you would not have gotten a ticket.

Quit whinning and deal.

 

[CdwJava]

I was in proper stopping distance though, otherwise I would have rear ended this guy. he did go from 65 to 45 in an instant.

But if all the officer saw was you following too closely when you passed by, that is what he will testify to. He may not have seen - nor may he care - that you had to brake and had not yet re-established a safe distance between your car and the other.

And another point to consider ... if the other driver slammed on his brakes to slow down because he was speeding, does this not imply that you, too, were speeding? Had he been speeding and you were doing the speed limit, then you would have had ample distance between you and he to have safely braked without climbing up his tailpipe.

A rule of thumb for distance would have been at LEAST 6 car lengths (about 90') if you were both traveling at 55-60 MPH. I am going to doubt that you were that far behind him to begin with ... most people do not travel that far behind others ont he freeway. And, it may be because you were too close to begin with that caught the officer's attention because you DID almost rear-end the guy in front of you when he braked.

I can't believe that this ticket would even have a chance of being upheld.

Why not? Your version of events is only half the story. if the officer agrees that you had to brake due to the car in front of you, you might catch a break from the court.

This is just a money making scam, to bilk hardworking citizens out of money.

Of course it is.

And although we have the right to due process, I have been tried and convicted already. A trial is a just a formality, this just ticks me off.

No you haven't. If you go in to court with a 'chip on the shoulder' attitude, you WILL lose. If you go in and politely and reasonably plead your case, you may very well get a sympathetic ear from the judge - particularly if you have an otherwise clean record. But if you go in grousing about the system or about money-making schemes, you will almost certainly lose no matter what you have to say.

Here's a hypothetical question: say I had rear ended this guy and gotten injured. Could the state be sued for creating an unsafe condition on the highway as it is a natural response to tap the brakes when you see a cop on the highway.

No. The "state" is not responsible for the unsafe acts of drivers on the roadway. The fact that the driver had been speeding and then slammed his brakes to try and avoid being stopped for his unlawful act is not the state's responsibility.

If this were the case we would have to keep all cops off the road because someone might brake too hard.

Besides, had you been following at a safe and appropriate fdistance, you would not have rear-ended him ... the primary collision factor in such a collision would be your following too closely.

- Carl

 

[bigd43606]

Another angle

Just remembering this post and had a thought about libility. If a woman stood on the side of the road flashing her breasts, and caused an accident. She would be liable for causing the accident. How would a cop on the side of the road checking speeds, causing people to hit the brakes and check their speed and causing an accident not be the same

 

[Zigner]

Just remembering this post and had a thought about libility. If a woman stood on the side of the road flashing her breasts, and caused an accident. She would be liable for causing the accident. How would a cop on the side of the road checking speeds, causing people to hit the brakes and check their speed and causing an accident not be the same

I don't slam on the brakes when I see a police officer on the side of the road - it would just draw MORE attention to me.

 

[bigd43606]

Yes But......

You don't do it, but you have probably seen people do it. The driver who is going the legal 65 and instantly drops to 40. I notice it passing every speed trap. I would say about 75% of drivers do it. It is just an instinct, or reflex.

 

[fairisfair]

You don't do it, but you have probably seen people do it. The driver who is going the legal 65 and instantly drops to 40. I notice it passing every speed trap. I would say about 75% of drivers do it. It is just an instinct, or reflex.

It is instinct, for speeders. Just like hiding the dope would be for dopers.

 

[CdwJava]

Just remembering this post and had a thought about libility. If a woman stood on the side of the road flashing her breasts, and caused an accident. She would be liable for causing the accident. How would a cop on the side of the road checking speeds, causing people to hit the brakes and check their speed and causing an accident not be the same

The officer is where he has a right to be conducting a lawful activity ... the woman flashing her breasts is doing something that is unlawful.

One is lawful, one is NOT lawful. In my state the woman could be charged with an infraction. And if the driver gawks and rear-ends someone, he can also be charged with an infraction.

Remember to keep your eyes and your mind on the road.

- Carl

 

[Zigner]

You don't do it, but you have probably seen people do it. The driver who is going the legal 65 and instantly drops to 40. I notice it passing every speed trap. I would say about 75% of drivers do it. It is just an instinct, or reflex.

Ahh, so you KNOW that a majority of drivers may slam on their brakes for no reason - yet you don't allow for it.
You have no ground to stand on here, and you can't accept the answer you've been given.

 

[CdwJava]

You don't do it, but you have probably seen people do it. The driver who is going the legal 65 and instantly drops to 40. I notice it passing every speed trap. I would say about 75% of drivers do it. It is just an instinct, or reflex.

No one "instantly" drops from 65 to 40 - that would be a HECK of a sudden and dangerous deceleration and would almost certainly result in gaining the officer's attention!

While people hit their brakes as they check their speed, there is not this massive and sudden decline in speed that you suggest. Those that are behaving so, may need to have their driving skills re-examined. It is also a great argument for others to slow down so that you don't accidentally rear-end one of these speeders that jams on the brakes and decelerates by 35% at the sight of a cop.

- Carl

 

[bigd43606]

Yes most do not go as far as this guy did, I posted this a while ago when I was upset, and broke. (Now I am over it and just broke) I really have never seen a reaction as bad to a cop on the side of the road that this guy had. It was 65 to 40 almost instantly, his tires squealed, and he swerved. I actually thought the cop was gunning for him for reckless driving when I saw his lights. I was shocked when I realized he was pulling me over, I don't know how he missed it. Maybe it didn't look as bad from the distance he was at. Oh well, what are you going do.