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In Need Of An LEO Opinion
4/16/2012 3:03:44 AM
What happens when an officer writing up a driver for a moving violation (Title 28), puts wrong or incorrect information on the ticket, specifically, the wrong make, model, license plate number and VIN for the vehicle being stopped?
In case you are wondering the violation was for unsafe lane change, and no it was NOT me.
In case you are wondering the violation was for unsafe lane change, and no it was NOT me.
4/16/2012 3:55:29 AM
Gonna get tossed if it's civil...... I know because I've done it......
Now, if he realizes it, he can void the cite and serve you with a new one. Not likely for a civil cite though.
My guess on what happened: dispatch attached the wrong reg return to his call, or he had ran too many at the same time and was looking at the wrong one on his MDC.
Now, if he realizes it, he can void the cite and serve you with a new one. Not likely for a civil cite though.
My guess on what happened: dispatch attached the wrong reg return to his call, or he had ran too many at the same time and was looking at the wrong one on his MDC.
4/16/2012 4:38:25 AM
The officer can also attempt to change the cite before court when the judge is calling people to the stand. I've seen it before/done it myself and its code 4 as long as the judge is cool w it. Cops are human and we mess up. In my instance I transposed the first and last name on the cite. What agency scratched him a ticket?
4/16/2012 2:07:00 PM
sounds like dps ..
4/16/2012 2:34:10 PM
Originally Posted By glacierheat34:
The officer can also attempt to change the cite before court when the judge is calling people to the stand. I've seen it before/done it myself and its code 4 as long as the judge is cool w it. Cops are human and we mess up. In my instance I transposed the first and last name on the cite. What agency scratched him a ticket?
The officer can also attempt to change the cite before court when the judge is calling people to the stand. I've seen it before/done it myself and its code 4 as long as the judge is cool w it. Cops are human and we mess up. In my instance I transposed the first and last name on the cite. What agency scratched him a ticket?
This is a lot more than flipping first and last names.
It'll probably get tossed.
ETA: I'm not LEO, just a humble class A professional driver™
4/16/2012 2:35:41 PM
Originally Posted By Harleyfx69:
sounds like dps ..
sounds like dps ..
10-4 was DPS.
4/16/2012 6:46:52 PM
Originally Posted By CowboyGunner:
10-4 was DPS.
Originally Posted By Harleyfx69:
sounds like dps ..
sounds like dps ..
10-4 was DPS.
We have a citation system that print e-citations, the Driver's License and Registration scans onto the ticket using a bar code reader. The subject probably gave the officer a registration from a different vehicle accidently, and the driver did not catch it. and the officer did not either.
I would say that the person has a 50/50 chance of getting the ticket tossed. The person on the ticket is the correct person, and the officer may be able to explain the reason for the discrepancy. So it will depend on if the Justice of the Peace buys the argument.
So I would say go for it if the person thinks they can argue that "the vehicle stopped was not me." But if the officer observed the violation, and just had the wrong vehicle info on the plate, sound like he is going to eat the ticket. If that is the case, go to traffic school.
I had a civil case where a gentleman argued almost the same thing, that I stopped him, and I had all of the vehicle information wrong, including plate, type and color. I advised the Judge he was the person I stopped, and I never lost visual of the vehicle. After he was found responsible, it turns out he was driving a "dealer loaner" and he totally forgot that. I mentioned it to him afterwards, and he said "oh yeah, you are right." But that never even came up in testimony. So if that situation is similar to yours, I would say again, you roll the dice.
ETA: And you can just put in the title of the post in AZHTF for these questions: "AZTROOPER, get in here" 
4/16/2012 6:58:00 PM
damn E-cite machines, keepin the man down!!!!!
4/16/2012 7:29:06 PM
Originally Posted By PHOENIX13:
damn E-cite machines, keepin the man down!!!!!
damn E-cite machines, keepin the man down!!!!!
LOL!!!
4/16/2012 9:29:41 PM
The officer will probably be in mindless robot mode at any hearing and will read off the make/model during any testimony. This would be the opportunity to pounce.
But I'd guess that might not be possible since a representative of the officers agency is present and can obviously let the officer know about it beforehand. Oooops.
But I'd guess that might not be possible since a representative of the officers agency is present and can obviously let the officer know about it beforehand. Oooops.
4/16/2012 9:57:13 PM
I know that in my agency, that much wrong will get the cite dismissed. Chances are, he isn't going to realize the mistake to amend it in the first place... take it to court and explain the issue. I'd expect the ticket to go away.
4/16/2012 10:14:19 PM
Not sure why some of you aren't in the secure LEO forum yet......
4/17/2012 12:44:16 AM
This happened to my aunt, but the make and model of the car were correct and just the license plate was wrong. She consulted my other aunt who is a lawyer, who gave her advice when going to court. All she did in court was repeat "that is not me" pointing to the ticket, and the case was thrown out. However, this was in PA so I don't know if that changes anything.
4/17/2012 4:56:20 AM
What secure LEO forum?
4/17/2012 9:59:01 AM
Originally Posted By forrestcook:
What secure LEO forum?
What secure LEO forum?
Only for LEOs, you need the secret handshake... And Mod authorization...
Send an IM to NorCal_LEO, he is the Mod for the forum. You will need to send him some proof, he will brief you.
4/17/2012 10:15:26 AM
Originally Posted By PHOENIX13:
Not sure why some of you aren't in the secure LEO forum yet......
Not sure why some of you aren't in the secure LEO forum yet......
Why didn't I know about this???
4/17/2012 11:11:34 AM
Originally Posted By Ianq:
Why didn't I know about this???
Originally Posted By PHOENIX13:
Not sure why some of you aren't in the secure LEO forum yet......
Not sure why some of you aren't in the secure LEO forum yet......
Why didn't I know about this???
You haven't come to the daily LEO meet and greet at the donut shop for awhile.....
4/17/2012 5:02:10 PM
Originally Posted By PHOENIX13:
You haven't come to the daily LEO meet and greet at the donut shop for awhile.....
Originally Posted By Ianq:
Why didn't I know about this???
Originally Posted By PHOENIX13:
Not sure why some of you aren't in the secure LEO forum yet......
Not sure why some of you aren't in the secure LEO forum yet......
Why didn't I know about this???
You haven't come to the daily LEO meet and greet at the donut shop for awhile.....
Well damn! I guess I better start showing up...
4/17/2012 9:06:57 PM
Originally Posted By PHOENIX13:
Not sure why some of you aren't in the secure LEO forum yet......
Not sure why some of you aren't in the secure LEO forum yet......
Not willing to ID myself or agency, the AROCK is strong with some around here.
4/18/2012 1:17:55 AM
Originally Posted By forrestcook:
I know that in my agency, that much wrong will get the cite dismissed. Chances are, he isn't going to realize the mistake to amend it in the first place... take it to court and explain the issue. I'd expect the ticket to go away.
I know that in my agency, that much wrong will get the cite dismissed. Chances are, he isn't going to realize the mistake to amend it in the first place... take it to court and explain the issue. I'd expect the ticket to go away.
this...probably wont realize it...
4/18/2012 9:35:53 AM
Originally Posted By JohnSmith6073:
Not willing to ID myself or agency, the AROCK Tin Foil Hat is strong with some around here.
Originally Posted By PHOENIX13:
Not sure why some of you aren't in the secure LEO forum yet......
Not sure why some of you aren't in the secure LEO forum yet......
Not willing to ID myself or agency, the AROCK Tin Foil Hat is strong with some around here.
Really? In a LEO only forum? FIFY!
4/23/2012 3:42:27 PM
So G, if it ws not you and it ws issued by DPS, One can only assume Dead Eye was the recieptant of the cite?
See U soon..
See U soon..
4/23/2012 7:12:38 PM
I had a Michigan Conservation officer write me up a ticket for poaching quail out of season. Only thing was this highly trained professional was completely unaware that there did exist more than one specie of quail, of which were not native to the state, and was readily available for purchase as DNR licensed game facilities, and therefore only regulated through administrative code. We were training dogs in a designated dog training area with Tennessee Red Quail.
This rocket surgeon had the balls to go back and try to amend his original copy of the cite with red marker, with a patent bald face fabrication of the facts without having sent any of the evidence to the wildlife laboratory.
I showed up in court with the dated receipt for the birds, my original cite, and a picture of the genius CO holding the evidence. The Prosecutor (who was hotter than all hell) laughed out loud and asked another CO there "Is this guy new or just stupid?" I wrote a scathing letter to the district supervisor. Never heard a word back on it. I actually stopped purchasing licenses and hunting in Michigan over this incident.
This rocket surgeon had the balls to go back and try to amend his original copy of the cite with red marker, with a patent bald face fabrication of the facts without having sent any of the evidence to the wildlife laboratory.
I showed up in court with the dated receipt for the birds, my original cite, and a picture of the genius CO holding the evidence. The Prosecutor (who was hotter than all hell) laughed out loud and asked another CO there "Is this guy new or just stupid?" I wrote a scathing letter to the district supervisor. Never heard a word back on it. I actually stopped purchasing licenses and hunting in Michigan over this incident.
4/24/2012 12:16:27 AM
Originally Posted By SevenMaryThree:
I had a Michigan Conservation officer write me up a ticket for poaching quail out of season. Only thing was this highly trained professional was completely unaware that there did exist more than one specie of quail, of which were not native to the state, and was readily available for purchase as DNR licensed game facilities, and therefore only regulated through administrative code. We were training dogs in a designated dog training area with Tennessee Red Quail.
This rocket surgeon had the balls to go back and try to amend his original copy of the cite with red marker, with a patent bald face fabrication of the facts without having sent any of the evidence to the wildlife laboratory.
I showed up in court with the dated receipt for the birds, my original cite, and a picture of the genius CO holding the evidence. The Prosecutor (who was hotter than all hell) laughed out loud and asked another CO there "Is this guy new or just stupid?" I wrote a scathing letter to the district supervisor. Never heard a word back on it. I actually stopped purchasing licenses and hunting in Michigan over this incident.
http://i119.photobucket.com/albums/o150/PAS48329/motivator1206907.jpg
Nicely done. The tard was strong in that guy...I had a Michigan Conservation officer write me up a ticket for poaching quail out of season. Only thing was this highly trained professional was completely unaware that there did exist more than one specie of quail, of which were not native to the state, and was readily available for purchase as DNR licensed game facilities, and therefore only regulated through administrative code. We were training dogs in a designated dog training area with Tennessee Red Quail.
This rocket surgeon had the balls to go back and try to amend his original copy of the cite with red marker, with a patent bald face fabrication of the facts without having sent any of the evidence to the wildlife laboratory.
I showed up in court with the dated receipt for the birds, my original cite, and a picture of the genius CO holding the evidence. The Prosecutor (who was hotter than all hell) laughed out loud and asked another CO there "Is this guy new or just stupid?" I wrote a scathing letter to the district supervisor. Never heard a word back on it. I actually stopped purchasing licenses and hunting in Michigan over this incident.
http://i119.photobucket.com/albums/o150/PAS48329/motivator1206907.jpg
4/24/2012 1:37:24 AM
Originally Posted By aztrooper:
Nicely done. The tard was strong in that guy...
Nicely done. The tard was strong in that guy...
You have no idea...that's only half the story. It started with him telling me to set a $4000 Beretta EELL (action open,unloaded, and facing him) in the snow....while I was packing a G22 stoked with 180 grain dots concealed. I told him "Tell the guy in the bushes to put his gun away and come out here...no one is getting hurt today." Dipshit No.2 then appears out of the weeds....and he ended up being the FTO.
