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Old 09-30-2012, 08:03 PM   #1
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Police help!!!

Got pulled over today on my motorcycle by a notorious harassing town cop. He has pulled over every member of my family. I passed him on my motorcycle,(he was parked clocking people). Cherrys and berrys. Pulls me over says "your headlight is not on I turned on my bike and looked and in fact it was. He goes on to say" oh it must have been the glare" checks all my info an everything is fine untill he notices my registration is a month over. (My bike has been in storage and I didn't know. Writes me a ticket for that. Isn't that illegal because he did not have probable cause to pull me over in the first place as my headlight was on? Should I fight this after I renew te registration? Help.. This is Illinois btw

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Old 09-30-2012, 08:05 PM   #2
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My major is criminal justice and The cop knows this. He is trying to ding my record so it's harder. Suggestions?

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Old 09-30-2012, 08:07 PM   #3
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Not much you can do I am not a cop but the best thing you can do is get your papers rite and see if the judge will drop it. If you try to be a ASS about it all he has to do next time is say you were not driving straight to pull you over.
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Old 09-30-2012, 10:58 PM   #4
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It has been my experience that 7 out of 10 times someone is being harassed by a member of the law enforcement community there is good reason.
Your a criminal justice major (as I was along with business administration), you should know the answer to your own question...
If it appeared that your headlight was out (even if it wasnt), he had justifiable cause to stop you. If he found that your registration was expired during the check, he had every right to give you a citation. Here in CA he could have impounded your vehicle (bike) also.
My suggestion is pay your registration, pay the citation and spend the time you will save arguing the citation studying.
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Old 09-30-2012, 11:04 PM   #5
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Pay for the registration pay the fine if they make you after you renew reg some will drop because you righted your wrong and probable cause has nothing to do with it cops can run your plates at a red light behind you if they please and pull you over as any job being a cop means a quota that you must meet believe it or not cops have responsibilities to make money for there town or state that's all they are there for other than stopping some homies on the block
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Old 09-30-2012, 11:08 PM   #6
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Here in Virginia, if you have expired registration and get a ticket, you go get your registration renewed and take it to the court on the day you are supposed to appear and they will drop it
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Old 09-30-2012, 11:14 PM   #7
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Him not seeing your headlight is plausible. You were driving unlawfully with an expired registration, and you were ticketed. Renew your registration and pay your fine.
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Old 10-01-2012, 12:22 AM   #8
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Here in Virginia, if you have expired registration and get a ticket, you go get your registration renewed and take it to the court on the day you are supposed to appear and they will drop it
Hmmm will be doing that Thursday
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Old 10-01-2012, 10:24 AM   #9
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Google Roger Pion. See what he did to the local harrassing Deputies.

As I tell my son, they can concoct any reason to pull you over. If you've done nothing wrong and everything is in working order, they can't issue a thing.
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Old 10-01-2012, 10:33 AM   #10
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Him not seeing your headlight is plausible. You were driving unlawfully with an expired registration, and you were ticketed. Renew your registration and pay your fine.
ding ding ding.... we have a winner.
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Old 10-01-2012, 11:12 AM   #11
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You could hire an attorney, and argue the point that the stop became illegal as soon as he realized that your light was, in fact, on. You could request a jury trial and take your chance that your "peers" will see things the way you do. You could sue the police department, the local government, the prosecutor, the judge, and the officer for violating your civil rights, etc. Or, you could handle your business, bring your documentation to court, and be prepared to pay a fine for a violation that you have admitted on an open forum that you did commit. Just sayin'
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Old 10-01-2012, 04:59 PM   #12
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You could hire an attorney, and argue the point that the stop became illegal as soon as he realized that your light was, in fact, on. You could request a jury trial and take your chance that your "peers" will see things the way you do. You could sue the police department, the local government, the prosecutor, the judge, and the officer for violating your civil rights, etc. Or, you could handle your business, bring your documentation to court, and be prepared to pay a fine for a violation that you have admitted on an open forum that you did commit. Just sayin'
Nope.

If he's acting in the scope of his job, i.e. enforcing traffic laws, he was in the right as long as he can testify he "thought" the light wasn't on. It happens, cops are human and as a result they're subject to same errors everyone is. Bottom line is, the registration was a month out of date. Check out "inevitable discovery". Even if he didn't pull you and ask for the registration, it could easily be deduced he or any other officer could have discovered the tag violation.

Contrary to popular belief, cops don't usually don't carry petty grudges like that. You claim he's "harassed" every member of your family? How so, giving them tickets?

If you don't want to get pulled, make sure your crap is in order.
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Old 10-01-2012, 05:03 PM   #13
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Old 10-01-2012, 07:27 PM   #14
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Cops tend to be habitual in nature, change your routine, driving route, etc... no problem because you won't see each other (really its that simple). Also, good advice so far, give them no reason and you no longer have roadside chats.

In TX you register the vehicle prior to appearance and it's 10 bucks to dismiss. Very simple, they are called fix it tickets.

Remember, be courteous and respectful each time you are pulled over. No sarcasm, or I'm pissed attitude because you are on candid camera.
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Old 10-01-2012, 07:30 PM   #15
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I'm in Illinois and he can argue that your registration sticker was wrong when he pulled you over (I.e. the sticker on your tag) but I think you have a 30 day grace period in IL.
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Old 10-01-2012, 11:27 PM   #16
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If your major is criminal justice, you should be aware that there is a difference between civil traffic and criminal traffic law. The legal standard of Probable Cause only applies to criminal law, not civil law. Civil traffic law requires only the officer's belief that the violation occurred at the time and place in question.

A visual inspection of the license plate during the initial moments of the traffic stop would have showed that the registration was expired and as such, it is a valid citation. Pay the citation and ensure your vehicles are in compliance before hitting the streets.

You can go to Court over the citation, but you will lose. Your registration is either valid or it is not at the time of the stop.
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Old 10-02-2012, 11:49 AM   #17
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Nope.

If he's acting in the scope of his job, i.e. enforcing traffic laws, he was in the right as long as he can testify he "thought" the light wasn't on. It happens, cops are human and as a result they're subject to same errors everyone is. Bottom line is, the registration was a month out of date. Check out "inevitable discovery". Even if he didn't pull you and ask for the registration, it could easily be deduced he or any other officer could have discovered the tag violation.

Contrary to popular belief, cops don't usually don't carry petty grudges like that. You claim he's "harassed" every member of your family? How so, giving them tickets?

If you don't want to get pulled, make sure your crap is in order.
I don't think you understood my post at all. Like it or not, he CAN make that argument. There may even be precedent for it in some obscure case dating back to steam engines and horse-drawn carriages. We both know that the arguement will be rejected by the court, but we also know that an attorney can tie it up to the point that the municipal court won't find it worth their effort to prosecute. He can easily spend thousands of dollars to get out of paying 50-100...
All that aside, my post was a sarcastic way of telling him he was wrong and needs to go register his bike, then take the documents to court to prove that he did. Odds are at that point his case will be dismissed, he will pay a small fee for court costs, and life will go on...
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Old 10-02-2012, 05:19 PM   #18
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I don't think you understood my post at all. Like it or not, he CAN make that argument. There may even be precedent for it in some obscure case dating back to steam engines and horse-drawn carriages. We both know that the arguement will be rejected by the court, but we also know that an attorney can tie it up to the point that the municipal court won't find it worth their effort to prosecute. He can easily spend thousands of dollars to get out of paying 50-100...
All that aside, my post was a sarcastic way of telling him he was wrong and needs to go register his bike, then take the documents to court to prove that he did. Odds are at that point his case will be dismissed, he will pay a small fee for court costs, and life will go on...
Sorry, didn't pick up on the sarcasm. Yeah, you're right, there's nothing to keep him from suing, but there are protections for the LEO, especially when it comes to traffic offenses. Good faith and all.
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Old 10-02-2012, 05:33 PM   #19
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Every response has been accurate in that the OFC was in the right, even you question the initial probable cause for the stop.

As far as proving the OFC in question is harassing members of your family, the only way to prove that is by detailed documentation (statements, citations, etc). If you get that in order, go to the department and file an official complaint and be ready to cite specific examples. The OFC's chain of command or internal affairs will investigate the complaint.
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Old 10-03-2012, 03:09 PM   #20
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he gave me a ticket for doing a wheelie, on a 150cc chinese scooter. not even mine. and my 550 motorcycle cant even pull a wheelie with a clutch..
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Old 10-03-2012, 03:10 PM   #21
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didnt even do one. he just made it up
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Old 10-03-2012, 03:45 PM   #22
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he gave me a ticket for doing a wheelie, on a 150cc chinese scooter. not even mine. and my 550 motorcycle cant even pull a wheelie with a clutch..
so you have a history of getting caught by said police officer? that kind of changes things. Needless to say, your on their radar for a reason...

Id pay the fine. Its not worth the time to fight it and you won't get any points on your license for that one. If you do fight it, your only fueling the fire between you and your local police. Lay low, pay your fines and try not to attract negative attention from them.
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Old 10-03-2012, 07:54 PM   #23
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As I said in the 4th post, there is probably a reason why he likes stopping you. And I highly doubt it is because you are a criminal justice major. I would be surprised if he knows (unless of course you told him in hopes he would let you slide on something) and if he does know I doubt that he cares at all...
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Old 10-04-2012, 10:57 PM   #24
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Wow. There is a whole lot of nonsense in this thread. Especially that whole civil/criminal thing- Some of you need to read some 4th amendment jurisprudence. That said, not worth paying a lawyer to get out of a tiny ticket like this.
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Old 10-05-2012, 08:43 AM   #25
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This is a fine/ticket that goes on your driving record, not your criminal record so it's not going to affect your future career. In my state, this ticket doesn't affect your point balance in your driving record! It's a non-moving traffic violation so you don't even have to list it on your insurance!
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Old 10-05-2012, 08:54 AM   #26
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Wow. There is a whole lot of nonsense in this thread. Especially that whole civil/criminal thing- Some of you need to read some 4th amendment jurisprudence. That said, not worth paying a lawyer to get out of a tiny ticket like this.
I think you missed the sarcasm in regards to spending thousands on attorney fees to get out of a small fine...
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Old 10-12-2012, 03:44 AM   #27
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why do civilians think everything is illegal when they are in trouble.no it is not illegal.when he stopped you for the light he stated it could have been the glare.your expired registration is not his fault.that is your responsibility and you should have indeed gotten a citation.you deserved a citation for every violation you mentioned,the person who mentioned a jury trial is wrong.you do not have the option of a jury trial.it is a trial before the judge.if you lose in a trial before the judge you will then have to pay court costs and possibly a larger fine.you have a reputation and everything you said to the officer he wrote down on the back of the citation.do not be a fool. just pay the citation and go on your way.the citation will unlikely be dismissed due to you record and reputation.

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