Ticketed with 5 miles of officers house?

[JLuke]

Here's the deal, I got a ticket for negligent driving, just going 5-10 miles above the limit to pass someone. Once pulled over, I realized the officer was a somewhat neighbor of mine, who was pissed about the way I drove by his house, apparently. He got on my case about it a lot, and gave me a 550 dollar ticket

Now, whether this is true or not, someone told me that police arent not permitted to issue tickets within like 5 miles of their own home, something about policing their own neighborhood? I dont know it that's actually TRUE, but in any case, I was withing 5 miles of my own house as well as his.

He also told me if I tried to fight it, then the judge might make it a reckless driving charge, which might screw me on my license and stuff. I have to go into court anyways, cause I didnt have proof of insurance in my car, which was another 550 dollars, but I do have insurance, so I have to go in and show it, but is there any other way I can get this ticket lessened?

Keep in mind when pulled over, the ONLY thing I did was pass someone going probably 5 miles over the limit. He was giving me a hard time cause I go down his road and passed his house faster than the speed limit. Now this is stupid, and I dont do it anymore because of what happened, but the ONLY thing I was doing when pulled over was pass another vehicle.


Any advice would be VERY grateful.

 

[justalayman]

well gee, maybe if you had not removed the question that asked what state this is in, somebody could answer you but, oh well. I guess you lose again.

 

[JLuke]

Oh my bad, I didnt see that.

I live in Washington State, in a small town outside of Tacoma called Gig Harbor

 

[justalayman]

What is the name of your state?

You didn't see that which is in that exact same spot as it is in my post when you started your thread?

For it not to appear in your post, you would have had to delete it.

That would mean that you, in fact, did see it.

Since you started off lying,

JLuke: Oh my bad, I didnt see that.

how do we know that anything you tell us is the truth?

Any advice would be VERY grateful.

Don't lie to those you are asking for advice from.

 

[JLuke]

Nope, to be honest I didnt not see the option at all. Maybe I am missing something, and if so, I am sorry. I tried to go back and edit it but still did not see the option.

I'm asking a serious question and dont really see the need for you to be going about it the way you are. If it would REALLY make you feel like a shiny nickel, I'll delete this and restart the thread with all the proper sha-bang, but seeing as you allready know what I asked and have all the info I could have provided, you're really the one wasting space here :\

EDIT: And upon clicking the 'New Thread' option, I did see it, but didnt catch it at first, I mearly though it was filler text like "fill in you post here".

I already admitted I was at complete fault and am only asking for some advice. Thanks

 

[CdwJava]

He got on my case about it a lot, and gave me a 550 dollar ticket

$550?!?

Wow!

And people complain about speed fines in CA! That would have been about $146 here!

Now, whether this is true or not, someone told me that police arent not permitted to issue tickets within like 5 miles of their own home, something about policing their own neighborhood? I dont know it that's actually TRUE, but in any case, I was withing 5 miles of my own house as well as his.

That cannot possibly be true. If so, then it would go against a growing national push to try and get officers to actually live within the jurisdictions they patrol. This would also mean that small town officers would be forced to commute.

He also told me if I tried to fight it, then the judge might make it a reckless driving charge, which might screw me on my license and stuff. I have to go into court anyways, cause I didnt have proof of insurance in my car, which was another 550 dollars, but I do have insurance, so I have to go in and show it, but is there any other way I can get this ticket lessened?

You can always ask. And I doubt the judge can arbitrarily upgrade the violations. I suspect the officer was bluffing or grossly misinformed.

Keep in mind when pulled over, the ONLY thing I did was pass someone going probably 5 miles over the limit.

That's all that is necessary.

- Carl

 

[roomservice]

In the area where I live we have that policy. Not sure how far it covers. Things started getting very tense here, the cops need not look to hard in my neiborhood to find someone breaking the law. It was to the point that people were going to start killing each other that this policy got passed. Now, a few years later the comminity and police are back to ignoring each other again

 

[justalayman]

In the area where I live we have that policy. Not sure how far it covers. Things started getting very tense here, the cops need not look to hard in my neiborhood to find someone breaking the law. It was to the point that people were going to start killing each other that this policy got passed. Now, a few years later the comminity and police are back to ignoring each other again

Notice; policy, not law

 

[justalayman]

ok fine. this is why the state is important:

Here's the deal, I got a ticket for negligent driving, just going 5-10 miles above the limit to pass someone.

RCW 46.61.425
Minimum speed regulation — Passing slow moving vehicle.

(1) No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law: PROVIDED, That a person following a vehicle driving at less than the legal maximum speed and desiring to pass such vehicle may exceed the speed limit, subject to the provisions of RCW 46.61.120 on highways having only one lane of traffic in each direction, at only such a speed and for only such a distance as is necessary to complete the pass with a reasonable margin of safety.

RCW 46.61.120
Limitations on overtaking on the left.

No vehicle shall be driven to the left side of the center of the roadway in overtaking and passing other traffic proceeding in the same direction unless authorized by the provisions of RCW 46.61.100 through 46.61.160 and 46.61.212 and unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made without interfering with the operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for vehicles approaching from the opposite direction, before coming within two hundred feet of any approaching traffic.


[2007 c 83 § 3; 2005 c 396 § 2; 1965 ex.s. c 155 § 19.]

You did not state how fast the car you passed was going nor the speed limit in the area nor now many lanes the road has but that looks to be your only hope based upon what you have provided.

I found nothing in the law restricting an officer from ticketing within some distance from his residence. (boy, that could sure make for some fun in front of his house if it were true)

a totally unrelated law I found interesting:

RCW 46.61.665
Embracing another while driving.

It shall be unlawful for any person to operate a motor vehicle upon the highways of this state when such person has in his or her embrace another person which prevents the free and unhampered operation of such vehicle. Operation of a motor vehicle in violation of this section is prima facie evidence of reckless driving.

You folks must be a very frinedly bunch if they felt a need to establish a law that prevents the driver from hugging a passenger while driving. Maybe it has been a bit more than hugging that brought this about.

the bad part of this is, from the actual wording of the reckless driving statute, it seems any speeding can be considered to be reckless driving:

RCW 46.61.465
Exceeding speed limit evidence of reckless driving.

The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof.

what is the actual code cited for your infraction?

 

[racer72]

There is no law or policy that regulates how far from an officer's home that they can perform traffic control duties. A friend of mine is a Pierce County Sheriff, his patrol area includes the rural area in which he lives. He loves to nab folks that speed on the very rural road that he lives on. If you have an otherwise clean driving record, I would suggest asking for a deferral, keep you nose clean for a year and the ticket goes away. Get another and both hit your driving record (and insurance company) at the same time.

 

[CdwJava]

In the area where I live we have that policy. Not sure how far it covers. Things started getting very tense here, the cops need not look to hard in my neiborhood to find someone breaking the law. It was to the point that people were going to start killing each other that this policy got passed. Now, a few years later the comminity and police are back to ignoring each other again

What state is THIS in? I have never heard of such a policy, and it is contrary to modern trends and even common sense. Sounds like there is a public relations issue here, or a lack of training/supervision at the agency if this has been allowed to grow.

- Carl

 

[CdwJava]

There is no law or policy that regulates how far from an officer's home that they can perform traffic control duties. A friend of mine is a Pierce County Sheriff, his patrol area includes the rural area in which he lives. He loves to nab folks that speed on the very rural road that he lives on. If you have an otherwise clean driving record, I would suggest asking for a deferral, keep you nose clean for a year and the ticket goes away. Get another and both hit your driving record (and insurance company) at the same time.

I live and work in a rural community as well. I have had to arrest a neighbor, conduct stops on friends, cite people I know, etc. It happens, and it can be done with professionalism.

A rule preventing people from citing within 5 miles of home is unnecessary unless the officers are poorly screened, supervised, or the administration doesn't trust the people they hired.

- Carl

 

[JLuke]

$550?!?

Wow!

And people complain about speed fines in CA! That would have been about $146 here!


You can always ask. And I doubt the judge can arbitrarily upgrade the violations. I suspect the officer was bluffing or grossly misinformed.


That's all that is necessary.

- Carl

Yeah, he REALLY got on my case, screamin and cussin and everything. I saw the ticket and just couldnt believe he. I figured he was bluffing atleast somewhat about bumping the charges up to try and scare me into not doing it, but I WILL ask when I got in anyways fro the proof of insurance.

Thanks a ton, you've been a lot of help, everyone.