Gotta be more careful

holeinthehead

Surprise
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Dec 14, 2015
1,724
0
Upstate NY
#1
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.
 

Attachments

grayman

Premium Member
Premium Member
Intermediate User
Beginner User
General User
Newly Registered
Nov 27, 2016
382
0
#2
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.
 

erickonphoenix

LLE, Left Lane Enforcer
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Nov 17, 2010
9,745
17
53
Houston
#3
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.
 

Mild

Apex Hunter
Intermediate User
Beginner User
General User
Newly Registered
Jan 22, 2017
511
0
Albany, NY
#4
Jesus man I am so sorry to heard that. GPD?
 

Choose Life

35.5 hater R3 Day One User
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Jan 14, 2017
7,569
13
Charlotte North Carolina
#5
When it rains it pours
Sorry to hear that
Get a traffic attorney
 

angrypenguin

Eat Lead Mothertrucker!!
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Aug 19, 2017
2,947
6
#6
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.
 

CJR238

-CMS Article Admin-
Administrator
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Oct 30, 2010
26,220
28
CT. MZDA 3. ALP, V1/RedLine/Waze
#7
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.
 

omgboost

Left Lane Hog
Security Attaché
Moderator
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Oct 27, 2014
3,276
3
Forced Induction Land
#8
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.
That may be Canada but here in some places, the property owner may let the police enter the property and enforce the traffic laws.
 

omgboost

Left Lane Hog
Security Attaché
Moderator
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Oct 27, 2014
3,276
3
Forced Induction Land
#9
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.
No video, OP said he hasn't reinstalled the dashcam yet.
 

angrypenguin

Eat Lead Mothertrucker!!
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Aug 19, 2017
2,947
6
#10
That may be Canada but here in some places, the property owner may let the police enter the property and enforce the traffic laws.
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.
 

CJR238

-CMS Article Admin-
Administrator
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Oct 30, 2010
26,220
28
CT. MZDA 3. ALP, V1/RedLine/Waze
#11
No video, OP said he hasn't reinstalled the dashcam yet.
Bummer. Then only picture evidence after the incident proving the LEO couldn't see him stop form his location will help.
 

WNCmotard

Premium Member
Premium Member
Intermediate User
Beginner User
General User
Newly Registered
Aug 11, 2017
571
0
Western NC
#12
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.
 

oldcelt

lurking in the tall grass
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Sep 18, 2012
6,205
1
Catskill Mts, NY
#13
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.
 

holeinthehead

Surprise
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Dec 14, 2015
1,724
0
Upstate NY
#14
Jesus man I am so sorry to heard that. GPD?
Yes it was and it happened to be the traffic Safety Unit Supervisor Sgt.
 

LeftLaneInPA

School buses are my nemeses.
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Jun 20, 2017
2,013
0
Clue's in the name
#15
That may be Canada but here in some places, the property owner may let the police enter the property and enforce the traffic laws.
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.
 

Mild

Apex Hunter
Intermediate User
Beginner User
General User
Newly Registered
Jan 22, 2017
511
0
Albany, NY
#16
Yes it was and it happened to be the traffic Safety Unit Supervisor Sgt.
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.
 

holeinthehead

Surprise
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Dec 14, 2015
1,724
0
Upstate NY
#17
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.
Yeah they have a Truspeed. It looks like this. I have only seen them using LIDAR around crossgates.
 

Attachments

holeinthehead

Surprise
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Dec 14, 2015
1,724
0
Upstate NY
#18
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.
 

Attachments

oldcelt

lurking in the tall grass
Premium Member
Advanced User
Intermediate User
Beginner User
General User
Newly Registered
Sep 18, 2012
6,205
1
Catskill Mts, NY
#19
Give the pictures to a good traffic attorney, don't try arguing this pro se.
 

Mild

Apex Hunter
Intermediate User
Beginner User
General User
Newly Registered
Jan 22, 2017
511
0
Albany, NY
#20
At that particular light you'd have to be out in the road to be seen from that bend.