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Need help with ticket cop lied

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Lostallfaith

Junior Member
What is the name of your state (only U.S. law)? NY
Greetings all, I was going for a cruise in one of my cars which has a v8 and 3" exhaust. Basically it's really loud and you can hear me a 1/4 mile away. I was heading home and cut through the rough part of town and got on it a little bit and as I drove a little over 1/4 mile down the road there were two cop cars waiting on the side of the road and turned their lights on and pulled me over as soon as I went past them. The cops were on one side of an intersection and I was on the other but the light was green and I wasn't speeding so I just cruised by. Long story short the car's reg was expired and I got a ticket for that and unsafe start. When the cop came to my window he said her heard me peel out down the road and my exhaust was too loud and illegal. I thought nothing of the ticket because I thought it would be an easy fight. How could he write me a ticket based of him thinking he heard my car and never actually seeing me start from anywhere. I declined the offer from the DA's office and went to trial. I brought photos of the scene and how it was physically impossible to see my car from the officers location. When the officer made his testimony he described a whole different scene and scenario of events. Long story short he LIED stating that I stopped at the intersection at a red light (the light was green) and peeled out when it turned green less than 20 feet away from two cop cars. When I heard his testimony I was in shock, the evidence I brought was for the real story and held no value. Trust me I've done some dumb things in my day, but NEVER have I been so utterly stupid to peel out from a red light car lengths away from multiple cops. I had nothing else to say and the judge found me guilty. I recently got a DRA letter and the nice person I spoke to at DMV told me I could appeal the ticket. I just want to know if it's worth it. After seeing a judge and DA smerk/smile after I presented photos makes me believe there is no justice in the court system. I am being discrete as possible because I don't know who I can trust anymore. I don't know if the cop is nervous and seeing if I'm looking for answers online etc etc. I could just be paranoid but I don't know what to believe anymore. There is another thing, when the judge said the "You're guilty... You owe yada yada" he never said anything about points. He just said fines. I stood there waiting for him to say the points after he said the fines and he said "well that's it". If the judge never said points in his judgement does it actually stick? I might try to say that and I wouldn't be surprised if the courts tried editing the transcript, after what I saw in court that day. I have the money for a lawyer but I just want to know if it's worth getting one. I don't want to take to pay for them just to answer a few questions and then say I have a weak case. I called one attorney office in the past and it was like $300 for a sit down. If there's anything you need let me know.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? NY
Greetings all, I was going for a cruise in one of my cars which has a v8 and 3" exhaust. Basically it's really loud and you can hear me a 1/4 mile away. I was heading home and cut through the rough part of town and got on it a little bit and as I drove a little over 1/4 mile down the road there were two cop cars waiting on the side of the road and turned their lights on and pulled me over as soon as I went past them. The cops were on one side of an intersection and I was on the other but the light was green and I wasn't speeding so I just cruised by. Long story short the car's reg was expired and I got a ticket for that and unsafe start. When the cop came to my window he said her heard me peel out down the road and my exhaust was too loud and illegal. I thought nothing of the ticket because I thought it would be an easy fight. How could he write me a ticket based of him thinking he heard my car and never actually seeing me start from anywhere. I declined the offer from the DA's office and went to trial. I brought photos of the scene and how it was physically impossible to see my car from the officers location. When the officer made his testimony he described a whole different scene and scenario of events. Long story short he LIED stating that I stopped at the intersection at a red light (the light was green) and peeled out when it turned green less than 20 feet away from two cop cars. When I heard his testimony I was in shock, the evidence I brought was for the real story and held no value. Trust me I've done some dumb things in my day, but NEVER have I been so utterly stupid to peel out from a red light car lengths away from multiple cops. I had nothing else to say and the judge found me guilty. I recently got a DRA letter and the nice person I spoke to at DMV told me I could appeal the ticket. I just want to know if it's worth it. After seeing a judge and DA smerk/smile after I presented photos makes me believe there is no justice in the court system. I am being discrete as possible because I don't know who I can trust anymore. I don't know if the cop is nervous and seeing if I'm looking for answers online etc etc. I could just be paranoid but I don't know what to believe anymore. There is another thing, when the judge said the "You're guilty... You owe yada yada" he never said anything about points. He just said fines. I stood there waiting for him to say the points after he said the fines and he said "well that's it". If the judge never said points in his judgement does it actually stick? I might try to say that and I wouldn't be surprised if the courts tried editing the transcript, after what I saw in court that day. I have the money for a lawyer but I just want to know if it's worth getting one. I don't want to take to pay for them just to answer a few questions and then say I have a weak case. I called one attorney office in the past and it was like $300 for a sit down. If there's anything you need let me know.
Did you have a question?

Your evidence was unable to prove your version of the story. How do you intend to prove that not one, but two presumably unbiased police officers lied?

Points are automatic - they aren't issued by the court.
 

Lostallfaith

Junior Member
Did you have a question?

Your evidence was unable to prove your version of the story. How do you intend to prove that not one, but two presumably unbiased police officers lied?

Points are automatic - they aren't issued by the court.
Ok I wasn't sure about the points thing. I would go after traffic cams and dash cams. There was a store near by and they had a camera right at the intersection but they delete storage after 3 weeks and my court date wasn't until after like 5 weeks and that's when I found about the new story the cop generated.
 

Zigner

Senior Member, Non-Attorney
Ok I wasn't sure about the points thing. I would go after traffic cams and dash cams. There was a store near by and they had a camera right at the intersection but they delete storage after 3 weeks and my court date wasn't until after like 5 weeks and that's when I found about the new story the cop generated.
It's too late for that.
 

TigerD

Senior Member
1. When you represent yourself, you are expected to know how to do it.
2. You don't.
3. What grounds do you have for the appeal?
4. What the officer did is called testilying. Yes, it happens so much there is a name for it.

Save yourself some trouble and time and money - it was your day to contribute to the state. Next time don't drive an unregistered/uninsured vehicle with malfunctioning exhaust.

DC
 

Lostallfaith

Junior Member
1. When you represent yourself, you are expected to know how to do it.
2. You don't.
3. What grounds do you have for the appeal?
4. What the officer did is called testilying. Yes, it happens so much there is a name for it.

Save yourself some trouble and time and money - it was your day to contribute to the state. Next time don't drive an unregistered/uninsured vehicle with malfunctioning exhaust.

DC
Ok I understand what your'e saying. Yeah I thought I had an easy case but never thought that "testilying" would be a thing. Guess I'll just pay the fines. My main thing wasn't necessarily the points and the fines but proving the cop lied and him being punished for it (if that's possible). I really hate to put all cops under the stereotype of them lying but this just kills my mood about them if you know what I mean,
 

Zigner

Senior Member, Non-Attorney
Ok I understand what your'e saying. Yeah I thought I had an easy case but never thought that "testilying" would be a thing. Guess I'll just pay the fines. My main thing wasn't necessarily the points and the fines but proving the cop lied and him being punished for it (if that's possible). I really hate to put all cops under the stereotype of them lying but this just kills my mood about them if you know what I mean,
It ain't gonna happen.
 

Silverplum

Senior Member
Ok I understand what your'e saying. Yeah I thought I had an easy case but never thought that "testilying" would be a thing. Guess I'll just pay the fines. My main thing wasn't necessarily the points and the fines but proving the cop lied and him being punished for it (if that's possible). I really hate to put all cops under the stereotype of them lying but this just kills my mood about them if you know what I mean,
But you're gonna do it anyway. :rolleyes:

Grow UP.
 

HighwayMan

Super Secret Senior Member
The fact that you were hit with a Driver Responsibility Assessment means you have some issues with your driving since you now have at least 6 points on your record - half way to a suspension.

Sounds like you need to straighten yourself out before it's too late.
 

WhatWhenWhere

Junior Member
I thought nothing of the ticket because I thought it would be an easy fight.
There is no such thing as an easy fight against the system. Look at the recent Ferguson shooting. Even with video evidence that the subject was not armed when the police attacked him, the officer who killed him hasn't had any repercussion and the victim's family needs to fight the police. The system is corrupt and only recently has there been media attention on just how crooked police officials can be.

I brought photos of the scene and how it was physically impossible to see my car from the officers location.
Even if your photos are perfect examples, even if you do the math and show the actual dimensions, even if you recreate the incident in near perfect detail, photographic evidence usually isn't enough. From personal experience, I lost a case where I was accused of passing a school bus with its lights on. They weren't on and the bus driver lied. I was able to mathematically prove through that it would have been impossible for me to pass the bus without hitting it, hitting a tree, or hitting a crossing guard (if she was in the spot she was supposed to be in. I had absolute mathematical proof. I had photos of the intersection and where the bus stops. I had photos of where the crossing guard stands. So regardless of how much evidence you have in your favor don't expect it to help your case or have it admitted.

When the officer made his testimony he described a whole different scene and scenario of events. Long story short he LIED...
Cops frequently lie on the stand and the prosecutor's witnesses are often coached before trail begins so they know what to say, what to not say, and what to lie about. Unfortunately this is a very common problem (corruption) which is hard to "win" against because those in power make the rules and decisions.

I stood there waiting for him to say the points after he said the fines and he said "well that's it". If the judge never said points in his judgement does it actually stick?
Regardless of what the judge says, what matters is what you get on the paperwork. If the statute has points attached to it by the legal code of your state, then no even if a judge doesn't mention it you'll get the points. Also be sure to read your paperwork. They can (and do) add in information that wasn't there. A relative of mine had a long and complicated case that ended with the state stealing his car after a false DUI charge that they filled 2 months before the statute of limitations ran out. He beat the DUI case and when he asked about the car (which was his wife's car) they said they knew nothing about it. After reaching out to multiple people we found that instead of impounding it they sent it to a junk yard (The car was 100% drive-able.) So now the state's answer to our question about the car is that we should charge the junk yard with theft. During the course of the DUI trial the state requested an extension which my friend agreed to. However he noticed from his copy of the paperwork that they put him as the person requesting the extension. When he noticed he went back and they wouldn't give him the paper. He thought to say, "OH I made a mistake. I need to fix something on it." and they gave him the paper. He ripped it up immediately and told them he didn't request an extension. They were furious but they were the ones who lied on the paper work in order to stop the "fair trial" timer and it needed to be fixed.

If you appeal, definitely get a lawyer. Most likely he (or she) will be able to plead down your case. It will cost you and you may not win but the lawyer gets a lot more leeway than a layman. They are taken more seriously and they often know the prosecutors and judges that they'll be in front of. They also do it for a living and will know helpful things you don't. I'd call for a free consultation. They will give you a break down of not only their bill but also what you can expect at the case.
 

HighwayMan

Super Secret Senior Member
There is no such thing as an easy fight against the system. Look at the recent Ferguson shooting. Even with video evidence that the subject was not armed when the police attacked him...
What video evidence might you be referring to? I have not seen any video.

Just because an individual is not armed does not mean that the use of deadly physical force against them cannot be justified.
 

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