Off-Duty Police officer gives me reckless driving ticket?? HELP!

[spartak]

What is the name of your state? michigan

Well here is the story, I am driving on a straight 2 lane road when i approach a black 2k2 explorer he is going preaty slow so i try to pass him, he speeds up and tryes to prevent me from doing so i gun it and pass him. After a little while i reallyze that he is following me so i try and loose him after 10 miles of this i see a real cop and pull over the person in the black explorer turns out to be an off-duty police officer and gives me a reckless driving ticket. Now my question is can i possibly get off from this since the off-duty police officer was following me for 10 miles while off duty i deserve a speeding ticket for proably passing him but when somone follows u like that for ten miles and then gives u a ticket for it im not so sure. Any advice would be appriciated thanks in advance!

 

[HomeGuru]

What is the name of your state? michigan

Well here is the story, I am driving on a straight 2 lane road when i approach a black 2k2 explorer he is going preaty slow so i try to pass him, he speeds up and tryes to prevent me from doing so i gun it and pass him. After a little while i reallyze that he is following me so i try and loose him after 10 miles of this i see a real cop and pull over the person in the black explorer turns out to be an off-duty police officer and gives me a reckless driving ticket. Now my question is can i possibly get off from this since the off-duty police officer was following me for 10 miles while off duty i deserve a speeding ticket for proably passing him but when somone follows u like that for ten miles and then gives u a ticket for it im not so sure. Any advice would be appriciated thanks in advance!

**A: did you have a cell phone with you at the time?

 

[spartak]

No i did not!

 

[HomeGuru]

No i did not!

**A: ok, since you could not call 911 and report the incident of being followed the second that you realized that the driver would not let you pass, why did you not immediately drop back and quit rather than challenging the other driver to a race of passing?

 

[spartak]

well i was by him already and there was a car behind him already plus i got mad at him for doing that in the first place so i passed him. Can u give me some more info on what i can do or what my options are since i have been doing some research an it says that an off duty police officer should dont engage in pursuit unleass its life threating. thanks for ur quick replys! And by the way the other driver was a off-duty cop he should not be doing such things!

 

[JETX]

"Now my question is can i possibly get off from this since the off-duty police officer was following me for 10 miles while off duty"
*** No. The fact that he was off-duty at the time of witnessing your violation is not relevant. A law enforcement officer (LEO) is sworn to uphold the law.... at any time. There is no on- or off-duty part of the oath. As such, they are expected to render assistance and take appropriate action 24/7. In fact, if he witnesses a violation and does nothing about it, he could be written up (but, this is seldom enforced due to moral issues that it would bring up). That does not mean that the officer couldn't make the claim against you. Most people forget or don't realize that an officer has the same rights to make a 'citizens arrest' as any other 'citizen'. That is likely what the officer did in this case... and why he was the citing officer and not the marked unit that eventually stopped you. Also, that is why you didn't get a 'fleeing' ticket also... the citing officer was not in a marked unit.

The only real question is, should he have been cited also if he violated the laws in pursuing you?? And the answer to that depends entirely on the actions he might have taken..... and is only answerable by the courts.

So, the ticket will probably stand. You are certainly free though to file a complaint with the department for his possible off-duty policy violation(s).

 

[spartak]

Ok, so let me get this right somone is chasing me i have no idea its a cop so i am suppose to stop and take my chances with this guy? Or try and loose him which was the only reason i was driving recklessly in the frist place. I understand him calling an marked police and giving me a speeding ticket but not to tailgate my for 10 miles and then give me a ticket for trying to get away.

 

[JETX]

And that is why we have the court system. If you feel it was wrong, go to court and fight the ticket. Don't misunderstand, I am not saying you don't have a case. Part of the problem as I see it, is that you were not charged with fleeing a vehicle, you were charged with 'reckless driving'. Assuming that this charge arose from your attempted pass, then ANY citizen has the right to complain and, after investigation, you could be ticketed. Your legal question becomes, were you chased due to the witness of the violation.... or did you violate due to the improper chase?? If the latter, you would probably have a good argument for dismissal. If the former, you would probably not.

Also, if you are being pursued by someone you don't know, the correct and recommended action is to drive to the closest police station or to pull into an open business (gas station, restaurant, etc.) where people are around for assistance if needed.

 

[spartak]

Ok, Thank you very much for the info!

 

[hkolln]

Wouldn't the best thing to do if you are being chased/followed would be to go to the nearest police station? That would be what I would have done instead of taking a chance as to having some weirdo do something bad to me on the side of the road.

Maybe find a public store/place and get some help?

 

[JETX]

Wouldn't the best thing to do if you are being chased/followed would be to go to the nearest police station? That would be what I would have done instead of taking a chance as to having some weirdo do something bad to me on the side of the road.

Maybe find a public store/place and get some help?

Wow, that is excellent advice..... and it sounds vaguely familiar. Oh I see why!! I already said it!!!

 

[hkolln]

Yeah, you did say that and I realized that after I sent my message.

Just ignore my post