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Rights Violated

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mrmagoo

Member
Question of jurisdiction

What is the name of your state? VA
I was driving in the left lane behind a US Park Police in a High-Occupancy-Vehicle lane early this morning. At 5:30 you have to have 2 persons or move out of the lane. At 5:30, I moved out of the lane and saw that 2 lanes over to the right there was hardly any cars and proceeded driving. The HOV lane was moving much slower and when I started passing this guy up, he whips out of the left lane and goes directly behind me and flashes his lights for about 5-10 seconds. He turns them off, goes around me and continues about his way for the next 6-7 miles.

I continue driving and about 7 miles up the road I pass him again on the right side and he pulls me over and accuses me of agressive driving. Asks me for my license and registration and has me sit there for about 15 minutes comes back and tells me that he isn't going to write me a summons but that he is recording my name and information for future use. Was this legal, do I have any recourse. Would appreciate any assistance with this issue because I don't think this guy had the right to stop, detain me or obtain my information. I was on Interstate 66 in Virginia and he is a US Park Police from DC with us government plates.
 
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S

seniorjudge

Guest
Do I understand you correctly?

You got a warning from a cop, right?

Explain to me what rights of yours were violated.

Sorry...I don't understand your question.
 

qcxlvr1

Member
gizmo91298 said:
What is the name of your state? VA
I was driving in the left lane behind a US Park Police in a High-Occupancy-Vehicle lane early this morning. At 5:30 you have to have 2 persons or move out of the lane. At 5:30, I moved out of the lane and saw that 2 lanes over to the right there was hardly any cars and proceeded driving. The HOV lane was moving much slower and when I started passing this guy up, he whips out of the left lane and goes directly behind me and flashes his lights for about 5-10 seconds. He turns them off, goes around me and continues about his way for the next 6-7 miles.

I continue driving and about 7 miles up the road I pass him again on the right side and he pulls me over and accuses me of agressive driving. Asks me for my license and registration and has me sit there for about 15 minutes comes back and tells me that he isn't going to write me a summons but that he is recording my name and information for future use. Was this legal, do I have any recourse. Would appreciate any assistance with this issue because I don't think this guy had the right to stop, detain me or obtain my information. I was on Interstate 66 in Virginia and he is a US Park Police from DC with us government plates.
The US Park Police have police powers including issuing traffic summonses in DC, Virginia and Maryland.

If you think you were treated improperly, call the US Park Police field office in DC and ask to speak with a supervisor.
 

myworld29t

Junior Member
i dont see why u should'nt!

undefinedYou should go up to US Park Police field office in DC and ask to speak with a supervisor, oh and make sure that you tell them the whole story in a way to get your self in a bigger mess, but dont worry, cause the park cop would never want to get back at you after you complain to his supervisor that is dating his sister, i am sure that you will be apoligized to and a given a cotton candy, that happens all the time, yeah!
 

mrmagoo

Member
myworld29t, I posted a question about an event that happen in which I did nothing wrong and this cop stopped me for whatever reasons. I was simply asking if this guy had the authority to stop me nevermind the fact that I did nothing wrong. In my post, I didn't ask about this guy's supervisor, filing a complaint or even asking for an apology, I was simply asking for advice and not angry rhetoric. but this is a free country isn't it...
 
gizmo91298 said:
myworld29t, I posted a question about an event that happen in which I did nothing wrong and this cop stopped me for whatever reasons. I was simply asking if this guy had the authority to stop me nevermind the fact that I did nothing wrong. In my post, I didn't ask about this guy's supervisor, filing a complaint or even asking for an apology, I was simply asking for advice and not angry rhetoric. but this is a free country isn't it...
Almost certainly the cop in question had the authority to make the stop you mention and to issue a citation. As described, however, the authority was abused. Thing is, that kind of stuff goes on all the time, and citizens then must decide whether to lodge a complaint, insist upon justice, or to be practical about the deal. Best case scenario would be that the cop was just having a rare bad day, and won't be hasseling citizens very often. Worst case: the man is just constitutionally an abuser of authority and a menace in need of being called on his irrational behavior. You must decide.
 
Aggressive Driving

What was the officers justification for "aggressive driving". Were you speeding, do fast lane changes, not signalling?

This new "aggressive driving" thing that's hot now is way too subjective and needs guidelines.

I don't see where you rights were violated, but "aggressive driving" needs to be better defined and enforcement rules needs to be established. Otherwise, things are going to get to a point where you can get an "aggressive driver" ticket for just opening your car trunk to get your luggage.

If you want other examples of what your local elected officials and law enforcement are doing behind the scenes consider the legislature that's happening here. They want to ban cell phones, talking to another person or your kids, changing radio station, smoking, eating or drinking, combing your hair and more while driving. While some of these make sense (cell phones mainly), they're trying to open the ticketing floodgates and give law enforcment a blank check. I"m sure the insurance companies are licking their chops.

This is all a precursor the States wanting to impose a drivers tax in the not too distant future. They're going to say "see all work we're doing out there to keep the roads "safe"? "We need more money".

Insurance companies will sit back and laugh. And Law Enforcement is getting set up to take the fall in terms of negative public opinion instead of your elected officials.
 

Froyn

Junior Member
Yes, you most likely have grounds to file a complaint. The complaint will most likely fall on deaf ears. In the event that it does not, prepare for the worst. Officers do not like to be proven wrong or questioned when it comes to the use of their authority.
If questioned, the officer could give any number of reasons for stopping you to his supervisor. You won't be there when the officer is questioned and as he is sworn to uphold the law and you are just a citizen trying to abide by it, his word is gold compared to your's. Unless this officer already has complaints against him which would put his record into question with said supervisor. Your best recourse would be to let the situation go; or an 'anonymous' letter/email to vent your own frustrations. Please don't take that as an outlet for negativity, merely state the situation as clearly as you presented it here. Stress your confusion over what was done wrong and be gracious that the officer let you off with a warning. While ignorance is no excuse, you want to be sure that you're not ignorant in the future.
If this is an 'abuser of authority', you certainly don't want to make his 'list' and end up in a worse situation.
 

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