Gotta be more careful

Discussion in 'Stories from the Front Lines' started by canettos, Sep 8, 2017.

  1. canettos

    canettos Surprise Advanced User Premium Member

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    Here is the scenario ( I really need to reinstall dashcam and alps in new car!) local police shooting lidar (truspeed) at cars cutting through mall. I don't speed through there because they do this very often. Its nasty because its 7:00 am, the mall doesn't open until 10:00 and PSL is 30. As you can imagine everyone uses it as a more convenient route to get onto to highway.

    I am turning right onto the road and when I pull out onto road and see LEO they are sitting on guardrail shooting lidar. There are two of them and they have both patrol cars parked in the right lane (its a four lane highway style road, two lanes in both direction, with double yellow in middle). They walk out and stop me as I am coming down the road.

    I asked LEO why I was being stopped and he told me it looked like I was accelerating quickly. I said well I wasn't even up to PSL when you walked out and asked me to stop. He then said you should typically slowdown when you see police on the side of the road ( I guess your suppose to be going well below PSL). He then said I ran the redlight when I turned onto the road. I told him I stopped further back and then came around the corner (you can't really see the stop line from his perspective). He asked me to pull over by the other cars and sit tight with my license and registration handy. He comes up to my car and asks for license and registration and asks if I am in a hurry.

    He comes back with a nice ticket for " passing red signal". This violation carries 3 points in NYS. So I am currently up against a possible 11 total points, which would be enough to suspend the license.
     

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  2. grayman

    grayman Premium Member Intermediate User Premium Member

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    Sure sounds like he was just going to write you for anything he thought would stick.

    Sounds like you have no choice but to fight this, based on your points you should consider a local lawyer experienced with this. I bet if you go it alone based on your points the judge will really stick it to you.
     
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  3. erickonphoenix

    erickonphoenix LLE, Left Lane Enforcer Advanced User Premium Member

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    That's a ticket farm. I caught a failure to use a signal for moving out of a cops way that walked out in the road. That rolling right turn on red is a very common citation as well. Take it to a traffic attorney and get it tossed.
     
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  4. Mild

    Mild Apex Hunter Intermediate User

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    Jesus man I am so sorry to heard that. GPD?
     
  5. Choose Life

    Choose Life 35.5 hater R3 Day One User Advanced User Premium Member

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    When it rains it pours
    Sorry to hear that
    Get a traffic attorney
     
  6. angrypenguin

    angrypenguin Eat Lead Mothertrucker!! Advanced User Premium Member

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    Isn't that private property? I run stop signs all the times at malls and such and it's not subject to local traffic laws.
     
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  7. CJR238

    CJR238 -CMS Article Admin- Administrator Advanced User Premium Member

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    Im always curious why so many suggest a lawyer with things as cut an dry like that. But I guess it makes sense with something carrying that many points. I have personally never needed a lawyer to fight my cases.

    Sounds like you have video of you doing everything right and the LEO was just assuming and wanted to give a ticket. Clear cut to me, the video alone will prove your case if you actually stopped for the light and were aloud to take a free right.
     
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  8. omgboost

    omgboost Left Lane Hog Security Attaché Advanced User Premium Member

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    That may be Canada but here in some places, the property owner may let the police enter the property and enforce the traffic laws.
     
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  9. omgboost

    omgboost Left Lane Hog Security Attaché Advanced User Premium Member

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    No video, OP said he hasn't reinstalled the dashcam yet.
     
  10. angrypenguin

    angrypenguin Eat Lead Mothertrucker!! Advanced User Premium Member

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    Interesting, good to know. I wonder if that would stand in court. Even a simple "location of infraction" would be difficult to write down. "By door B2, facing the McDonalds" :D

    I'd take it to court if it were me. But I know nothing about US traffic law.
     
  11. CJR238

    CJR238 -CMS Article Admin- Administrator Advanced User Premium Member

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    Bummer. Then only picture evidence after the incident proving the LEO couldn't see him stop form his location will help.
     
  12. WNCmotard

    WNCmotard Premium Member Intermediate User Premium Member

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    They can enforce traffic laws on most private property, but there are exceptions. My guess is If you don't allow them to enforce traffic laws on your private property, then good luck getting them to enforce any other laws, like theft for example. Or they may show up, they'll just take their sweet time getting there according to business owners I've talked to that deny them the right to patrol and generate revenue from their property.
     
  13. oldcelt

    oldcelt lurking in the tall grass Advanced User Premium Member

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    In NYS, the locality must authorize their local PD to enforce traffic regulations (speed limits, stop/yield signs, etc) on private property (within the locality) such as malls. If that's in place, their authority to write citations stands in court.
     
  14. canettos

    canettos Surprise Advanced User Premium Member

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    Yes it was and it happened to be the traffic Safety Unit Supervisor Sgt.
     
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  15. LeftLaneInPA

    LeftLaneInPA School buses are my nemeses. Intermediate User Premium Member

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    Clue's in the name
    FWIW, in PA, (real) cops can't enforce traffic code on private roadways. I found this out when I was behind a obviously-drunk driver in a private community one night. (they got him once he passed the property line for the community and was out on the public road)

    True story: A long time ago, I spun out and wrapped by car around a telephone pole in my community. I got out and walked home. The next morning I had a State Trooper knocking on my door.

    Trooper: "Is that car around the telephone pole yours?"
    Me: "Yes."
    Trooper: "Why didn't you call the police?"
    Me: "This is a private community. I knew you guys wouldn't come out for that."
    (beat)
    Trooper: "Okay then, have a nice day."
    (gets into car and leaves)

    The community manager, on the other hand, was rather torqued.
     
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  16. Mild

    Mild Apex Hunter Intermediate User

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    GPD scare the hell out of me. Don't even feel safe going 41 in the 40.

    EDIT: And the fact that they have laser is even more terrifying. Had no idea they were running those.
     
  17. canettos

    canettos Surprise Advanced User Premium Member

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    Yeah they have a Truspeed. It looks like this. I have only seen them using LIDAR around crossgates.
     

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  18. canettos

    canettos Surprise Advanced User Premium Member

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    Took some pictures from LEOs perspective (where he was sitting on guardrail when I came around corner) and from my perspective where I stopped for redlight.

    You can clearly tell there is no way for him to see me stop behind the stop line. All he can see is me coming around corner and just assuming you didn't stop.
     

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  19. oldcelt

    oldcelt lurking in the tall grass Advanced User Premium Member

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    Give the pictures to a good traffic attorney, don't try arguing this pro se.
     
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  20. Mild

    Mild Apex Hunter Intermediate User

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    At that particular light you'd have to be out in the road to be seen from that bend.