[ARCHIVED THREAD] - question for arfcom cops... (Page 1 of 2)
Posted: 12/10/2008 12:09:48 PM EDT
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would you be more likely to let off a fellow arfcomer with a warning for speeding (assuming of course he was not speeding so bad it was a huge danger to others, etc.)
also, do cops ever even let people off for speeding any more, i heard that in a lot of places cops dont even have a choice anymore, as in once they radio they are making a stop it goes into the system and they will catch hell if they dont issue the ticket to make money for the area... just wondering. also, last time i got pulled over the cop cut me a huge break (i think because i was a CCW holder) he BSed with me about guns then put me down for 11 miles over instead of 40 30 miles over - he told me he could not let me all the way off the hook since i was so far over... |
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When I do traffic (which is rare these days) I give people the benifit of the doubt. I check their DL record. If they have a long history of abuse, then I will stroke them. Don't care who they know or who they are. If they have a decent record or good record, it's a warning. I let the violator dictate to me what I need to do. I don't let personal crap sway me nor my current state of mind (I.E. worrying about bills, fight with the wife, Etc.) Those things are my own problems, not those of the poor guy or gal behind the wheel.
I write MORE warnings than tickets just for the record. |
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When I do traffic (which is rare these days) I give people the benifit of the doubt. I check their DL record. If they have a long history of abuse, then I will stroke them. Don't care who they know or who they are. If they have a decent record or good record, it's a warning. I let the violator dictate to me what I need to do. I don't let personal crap sway me nor my current state of mind (I.E. worrying about bills, fight with the wife, Etc.) Those things are my own problems, not those of the poor guy or gal behind the wheel. I write MORE warnings than tickets just for the record. what he said...^ Totality of the circumstances. Of course there are other things I won't over look... Littering, Running Red Lights, DWHUA (Driving With Head Up Ass)... |
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I'd say on any given day that I'm not hammered with call for service, I stop between 10 and 15 cars a day. Out of those stops I'd say I write maybe 2 or 3 for speeding. Most my cites are for no DL,FMFR,Exp MVR and Exp MVI. I'm ususally looking for something more that traffic tickets like warrants,dope, felonious guns, or rollin' stolen.
I do think I would give a break to a fellow ARFcommer, but dont think that BFL sticker will keep ya from getting stopped. 
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i heard that in a lot of places cops dont even have a choice anymore, as in once they radio they are making a stop it goes into the system... Once they call your plate in, dispatch will run it. As far as what happens after that depends on everything from weather to the driver's attitude to departmental policies, both formally stated and informally enacted. They will check to make sure the plate is valid, what vehicle it's registereed to, and who the registered owner is. In Illinois, the LEADS system will include the last time it was called in, and sometimes the info will include what the last check was for as well. If you got pulled over in Podunk East for speeding, and were given a warning, then get pulled over in Podunk Heights West for speeding, once the officer gets the news you were pulled over the same day for the same thing, the odds of getting paper instead of a verbal increase substantially. |
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would you be more likely to let off a fellow arfcomer with a warning for speeding (assuming of course he was not speeding so bad it was a huge danger to others, etc.) also, do cops ever even let people off for speeding any more, i heard that in a lot of places cops dont even have a choice anymore, as in once they radio they are making a stop it goes into the system and they will catch hell if they dont issue the ticket to make money for the area... just wondering. also, last time i got pulled over the cop cut me a huge break (i think because i was a CCW holder) he BSed with me about guns then put me down for 11 miles over instead of 40 30 miles over - he told me he could not let me all the way off the hook since i was so far over... Personally, I hate traffic enforcement. If I make a traffic stop, it's usually to conduct an investigative stop for more serious violations (i.e. drugs, stolen property, etc.) If I walk up and see it's normal joe blow, I'll run you out for warrants, hand you back your DL, and let you drive away free and clear. Only time I give traffic cites is if it was something so blatant and stupid as to warrant wasting your hard earned cash and time. Other officers may differ. |
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FWIW, I always put both of my hands out of the drivers window so the approaching officer can see them. Then I tell him the location of my carry weapon if present. I ALWAYS adress him as "sir" and don't say stupid shit like "why are you stopping me." In fact if he asks me if I know why he stopped me I'll admit that I was prolly going too fast. The only time this happens is on my way home form work, trying to get there to babysit my 9 y.o. before I make his mom late for work.
I rarely even play the fireman card, as just being polite, straight, and honest seem to get me off with a warning. |
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FWIW, I always put both of my hands out of the drivers window so the approaching officer can see them. Then I tell him the location of my carry weapon if present. I ALWAYS adress him as "sir" and don't say stupid shit like "why are you stopping me." In fact if he asks me if I know why he stopped me I'll admit that I was prolly going too fast. The only time this happens is on my way home form work, trying to get there to babysit my 9 y.o. before I make his mom late for work. I rarely even play the fireman card, as just being polite, straight, and honest seem to get me off with a warning. You are the kind of guy that makes a shitty day OK... |
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When I do traffic (which is rare these days) I give people the benifit of the doubt. I check their DL record. If they have a long history of abuse, then I will stroke them. Don't care who they know or who they are. If they have a decent record or good record, it's a warning. I let the violator dictate to me what I need to do. I don't let personal crap sway me nor my current state of mind (I.E. worrying about bills, fight with the wife, Etc.) Those things are my own problems, not those of the poor guy or gal behind the wheel. I write MORE warnings than tickets just for the record. what he said...^ Totality of the circumstances. Of course there are other things I won't over look... Littering, Running Red Lights, DWHUA (Driving With Head Up Ass)... +1 |
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Sounds like me and Txcop983 would work together very well.
I've written 2 (count them, two) speeding tickets in the last 6 months. And one turned out to be DUI so that's why the ticket was written. The other was 20mph over the limit. I say to myself, 'Self, will a simple warning stop this infraction from occuring again?' If the answer is yes = warning. If there is a more serious crime in progress (DUI, drugs, gangbangers, burglary evidence, warrants) then the initial stop reason always gets written. |
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FWIW, I always put both of my hands out of the drivers window so the approaching officer can see them. Then I tell him the location of my carry weapon if present. I ALWAYS adress him as "sir" and don't say stupid shit like "why are you stopping me." In fact if he asks me if I know why he stopped me I'll admit that I was prolly going too fast. The only time this happens is on my way home form work, trying to get there to babysit my 9 y.o. before I make his mom late for work. I rarely even play the fireman card, as just being polite, straight, and honest seem to get me off with a warning. Could you teach a weekly class in GD? |
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when I was on the road I would average 2-4 tickets in a 12 hours shift, but actually pull about 10-15 stops in that same time. I cut way more breaks than tickets that I issued. I would also write you for a waivable ticket (equipements violation) if present and give you a warning for the speed, stop light/sign etc.
Had nothing to do with who you were etc,just the way I police. J- |
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I've been a police officer just over 10 years and here are my responses to your questions...
would you be more likely to let off a fellow arfcomer with a warning for speeding (assuming of course he was not speeding so bad it was a huge danger to others, etc.) When I stop a car I base my choice to ticket or not usually before I make my approach. If I am on a detail for violators or OVI saturation I may decide to ticket all of them. But I only really begin to stop for like 15 over unless a hospital are or a school zone. also, do cops ever even let people off for speeding any more, i heard that in a lot of places cops dont even have a choice anymore, as in once they radio they are making a stop it goes into the system and they will catch hell if they dont issue the ticket to make money for the area... I can write or not write as much as I want. We have no quota. Now the Sgt might get on ur ass if you are not doing anything but it all depends. I might make 90 stops a month but I average only about 30 tickets out of that. So I only write 1/3 of the time. Most of the time I am just stopping folks to get their heads out of their asses and get them to slow down. But I stop more for other moving viloations than for speed. Just what I like to look for. And I try to get 2 or thee violations before I stop them. I.E. no turn signal, an improper turn at an intersection and something else before I stop them. As far as tickets, its just the way it works out. The only time I have to write a ticket with no choice is an traffic crash if I can find fault. just wondering. also, last time i got pulled over the cop cut me a huge break (i think because i was a CCW holder) he BSed with me about guns then put me down for 11 miles over instead of 40 30 miles over - he told me he could not let me all the way off the hook since i was so far over... LOL. I don't write cops or their families unless like I said I have no choice (traffic crash, OVI, ect) but I have yet to write a CCW holder. I do THANK every CCW holder I stop for doing their civic duty. I helped get the CCW passed in Ohio for like 10 years so I can only thank folks for carrying. Sometimes they give me a strange look or think Im being sarcastic. 
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I've only ever stopped one ccw holder that was actually carrying, and he was a disabled vehicle I was checking on, not a traffic stop.
I've only wrote one ccw permit holder a ticket, but he was driving a delivery truck going 47 in a 25 in a residential area. I don't write all that many tickets, let alone that many traffic stops anymore, though, unless I'm OVI hunting. |
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Sounds like me and Txcop983 would work together very well. I've written 2 (count them, two) speeding tickets in the last 6 months. And one turned out to be DUI so that's why the ticket was written. The other was 20mph over the limit. I say to myself, 'Self, will a simple warning stop this infraction from occuring again?' If the answer is yes = warning. If there is a more serious crime in progress (DUI, drugs, gangbangers, burglary evidence, warrants) then the initial stop reason always gets written. Make that three of us. To me, traffic enforcement is about education. If a fussing will make the driver change his ways, a fussing it is. If I think I need to write a ticket to get the point across, then a ticket gets written. We don't have written warnings, I wish we did. |
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I write very few plain "speeding tickets"........which means I give more warnings than anything. However, if I do write you a speeding ticket, you've earned it. Double the speed limt, driving like an idiot, etc. When I get pulled over going 2X the limit I'm glad it's just a ticket and not my car going byebye on a tow truck. Since you're in my area take it easy on the silver eclipses ;-) . |
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Only been stopped twice in the last 10 years. I don't speed much, nor do I "drive it like I stole it," so that's probably about average, I'd guess.
One traffic stop was close to home. It was back when I was actually sworn and carrying a badge myself, and the State Patrol guy was a regular at our PD. He'd stop by our dept and use our LEADS terminal from time to time when he was on the road... He simply handed me back my stuff, smiled, said "see ya later!" and started back to his cruiser. I told him he didn't have to do that, but that I appreciated it... he smiled, waved, and drove away. As we got back on the interstate, my wife glared at me for about a minute and muttered "that's just not right." Me: 
The second time was also a State Patrol guy, and he lectured me about how I definitely should know better than to speed (ex-LE and ER doc to boot...). He was absolutely right (and I told him so), and we ended up BSing on the side of the highway for about 15-20 minutes. Nice guy... I wrote his supervisor a very nice letter. In no case have I encountered a true "a**hole" cop, and it's been more than 20 years since I've been cited for anything... but it definitely helps if you know how to do the "traffic stop dance." That and having a reasonable attitude is going to set you in good stead most of the time. In my opinion, your odds of getting a ticket are 80-90% attitude. |
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would you be more likely to let off a fellow arfcomer with a warning for speeding (assuming of course he was not speeding so bad it was a huge danger to others, etc.) also, do cops ever even let people off for speeding any more, i heard that in a lot of places cops dont even have a choice anymore, as in once they radio they are making a stop it goes into the system and they will catch hell if they dont issue the ticket to make money for the area... just wondering. also, last time i got pulled over the cop cut me a huge break (i think because i was a CCW holder) he BSed with me about guns then put me down for 11 miles over instead of 40 30 miles over - he told me he could not let me all the way off the hook since i was so far over... Well, if your mindset is that you have a chance of getting of because there's an ARFCOMer cop out there or your friend is a cop or whatever else, you are pre-screwing yourself. There may be one cop who may let you off, but what's the chances of you driving stupid when he's not working, he's not working the area who are violating a traffic law or you are pulled over by a police officer in a different jurisdiction because you are so used to driving poorly. Any kind of sticker or bumper sticker will not sway my decision. I treat all drivers the same. That includes people with an AR-15 bolt sticker, Jesus sticker, McCain sticker, rainbow stickers or Obama stickers. If I'm going to let an old white man off who only has a non-working third brake light, I'm going to let off a gay dude, etc. for the same exact situation. If I'm going to ticket an unattractive, overweight, Hispanic man for running a red light, I'm going to ticket a pretty white woman for the same exact situation. Yeah, they (pretty white women) pout but that's life. |
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I've written around 500 citations this year, 350 warning tickets, and around 100 verbal warnings....and when I decide to write someone a citation, they usually get at least 2. So you have a pretty good chance of getting off with a warning when I stop you unless you do something stupid.
I don't think i've ever written a CWP holder. I prob. wouldn't write an arfcommer either....unless they talked themselves into it 
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It doesn't matter who the person is. If they indicate respect for traffic safety/laws and there's only one offense involved, they usually leave with a warning. Substantial moving violations (accidents, "road rage" related, no insurance, etc.) or a multitude of moving/equipment violations are always cited for at least one of the violations.
I hope to be treated the same way. I make mistakes. I will pay for them if I have to, but I appreciate some level of understanding. |
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Write an Arfcom member? Have you seen GD much? I am quite sure many of them could easily talk themselves into one. 
Honestly, I don't write many tickets. I'd much rather give a verbal warning if the offense isn't too serious and the driver seems to be a decent person. So probably not, depending on the guy's attitude. However, if I had just read an ARFcom 'professional courtesy' thread before work, I might have to dust off the ticket book, because apparently using discretion is frowned upon in GD. 
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It depends on the ARFCOMMER's attitude toward me. If they act like alot of them act online then probably. The ones I have stopped, and yes I have stopped several ARFCOMMERS, have been very polite. To date I have never issued a citation or arrested an ARFCOM member.
ARFCOMMER or not, If they have a CHL I thank them for excersising their 2nd, and let them go after I check their License. I usually give them a verbal warning to fix what ever they were stopped for. (usually equipment violation). Only once did I have to take a CHL holder in custody. He had warrants, unreleated to firearms. |
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Sounds like me and Txcop983 would work together very well. I've written 2 (count them, two) speeding tickets in the last 6 months. And one turned out to be DUI so that's why the ticket was written. The other was 20mph over the limit. I say to myself, 'Self, will a simple warning stop this infraction from occuring again?' If the answer is yes = warning. If there is a more serious crime in progress (DUI, drugs, gangbangers, burglary evidence, warrants) then the initial stop reason always gets written. Ive been told never to write a citation for the PC you stopped a violator on for a DWI or DUI case becuase if they throw out your PC for the stop (speeding) then you basically loose your DWI case too. If i pull over a guy for speeding or swerving and he's drunk ill arrest him for DWI and cite him for no insurance, expired registration, ect. but not for speeding. |
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Ive been told never to write a citation for the PC you stopped a violator on for a DWI or DUI case becuase if they throw out your PC for the stop (speeding) then you basically loose your DWI case too. If i pull over a guy for speeding or swerving and he's drunk ill arrest him for DWI and cite him for no insurance, expired registration, ect. but not for speeding. And what if they have no exp reg or insurance. What if all you have was a moving violation? Just curious. |
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Sounds like me and Txcop983 would work together very well. I've written 2 (count them, two) speeding tickets in the last 6 months. And one turned out to be DUI so that's why the ticket was written. The other was 20mph over the limit. I say to myself, 'Self, will a simple warning stop this infraction from occuring again?' If the answer is yes = warning. If there is a more serious crime in progress (DUI, drugs, gangbangers, burglary evidence, warrants) then the initial stop reason always gets written. Ive been told never to write a citation for the PC you stopped a violator on for a DWI or DUI case becuase if they throw out your PC for the stop (speeding) then you basically loose your DWI case too. If i pull over a guy for speeding or swerving and he's drunk ill arrest him for DWI and cite him for no insurance, expired registration, ect. but not for speeding. I dunno about all that. Even if you don't get a CONVICTION on the moving violation, if the court can establish that you had reasonable suspicion to make the stop in the first place, any other violations or crimes that came from the stop can be upheld. I always write the original offense, even if I've previously given a warning (consent search, etc). If it's important enough to arrest them for it, it's important enough to scratch out a ticket to say why you stopped them in the first place. |
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would you be more likely to let off a fellow arfcomer with a warning for speeding (assuming of course he was not speeding so bad it was a huge danger to others, etc.) also, do cops ever even let people off for speeding any more, i heard that in a lot of places cops dont even have a choice anymore, as in once they radio they are making a stop it goes into the system and they will catch hell if they dont issue the ticket to make money for the area... just wondering. also, last time i got pulled over the cop cut me a huge break (i think because i was a CCW holder) he BSed with me about guns then put me down for 11 miles over instead of 40 30 miles over - he told me he could not let me all the way off the hook since i was so far over... Well, if your mindset is that you have a chance of getting of because there's an ARFCOMer cop out there or your friend is a cop or whatever else, you are pre-screwing yourself. There may be one cop who may let you off, but what's the chances of you driving stupid when he's not working, he's not working the area who are violating a traffic law or you are pulled over by a police officer in a different jurisdiction because you are so used to driving poorly. Any kind of sticker or bumper sticker will not sway my decision. I treat all drivers the same. That includes people with an AR-15 bolt sticker, Jesus sticker, McCain sticker, rainbow stickers or Obama stickers. If I'm going to let an old white man off who only has a non-working third brake light, I'm going to let off a gay dude, etc. for the same exact situation. If I'm going to ticket an unattractive, overweight, Hispanic man for running a red light, I'm going to ticket a pretty white woman for the same exact situation. Yeah, they (pretty white women) pout but that's life. no, thats not my mindset, i was just curious as to what arfcom cops would think... i dont speed now a days, and i hope to never get pulled over again, just curious |
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Sounds like me and Txcop983 would work together very well. I've written 2 (count them, two) speeding tickets in the last 6 months. And one turned out to be DUI so that's why the ticket was written. The other was 20mph over the limit. I say to myself, 'Self, will a simple warning stop this infraction from occuring again?' If the answer is yes = warning. If there is a more serious crime in progress (DUI, drugs, gangbangers, burglary evidence, warrants) then the initial stop reason always gets written. Ive been told never to write a citation for the PC you stopped a violator on for a DWI or DUI case becuase if they throw out your PC for the stop (speeding) then you basically loose your DWI case too. If i pull over a guy for speeding or swerving and he's drunk ill arrest him for DWI and cite him for no insurance, expired registration, ect. but not for speeding. I dunno about all that. Even if you don't get a CONVICTION on the moving violation, if the court can establish that you had reasonable suspicion to make the stop in the first place, any other violations or crimes that came from the stop can be upheld. I always write the original offense, even if I've previously given a warning (consent search, etc). If it's important enough to arrest them for it, it's important enough to scratch out a ticket to say why you stopped them in the first place. If I stop someone for a moving violation i.e. Speeding, stop sign, red light, Illegal lane change and then end up arresting the driver for an on-site felony, I always write out a warning to document the stop but I NEVER issue a citation for the initial violation. If you stop someone for running a red light and then arrest them for Man/Del CS and then cite them for the red light violation, a good defense attourny will always appeal the citation to the highest court, because if they beat the PC for the stop then they beat the PC for the arrest of Man/Del CS. At least thats the way it works with our DA. I also write the warning and then request consent for a vehicle search if I see the indicators for interdiction. We call it mutual conversation. |
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Sounds like me and Txcop983 would work together very well. I've written 2 (count them, two) speeding tickets in the last 6 months. And one turned out to be DUI so that's why the ticket was written. The other was 20mph over the limit. I say to myself, 'Self, will a simple warning stop this infraction from occuring again?' If the answer is yes = warning. If there is a more serious crime in progress (DUI, drugs, gangbangers, burglary evidence, warrants) then the initial stop reason always gets written. Ive been told never to write a citation for the PC you stopped a violator on for a DWI or DUI case becuase if they throw out your PC for the stop (speeding) then you basically loose your DWI case too. If i pull over a guy for speeding or swerving and he's drunk ill arrest him for DWI and cite him for no insurance, expired registration, ect. but not for speeding. My understanding of not writing the ticket on a DWI/OWI (what ever your state calls it) is that the guy can run and pay the ticket and in a sense plead guilty to speeding. Then when the trial comes up for the DWI the prosecution can run into an issue of Double Jeopady as the charge that led to the detection of the DWI has aready been plead guilty to. This comes from from our head Prosecutor and was also taught in my academy class. Might be different elsewhere but thats how I was taught in Michigan. If I am taking you to jail for DWI then you do NOT get a ticket for an infraction that could fall into this category. If I stopped you for running a red light and u are hammered I articulate the PC for the stop (red light violation) in my report but do not write you for it. The red light violation led me to the discovery of the DWI. J- |
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If a citation violation was the reason I pulled you over, which then leads to a DUI stop, nothing gets written until I get the BAC results.
As someone else said, if you write a citation for speeding, but arrest the guy for DUI and he pays the fine for speeding before the DUIi proceedings, you will loose. |
| Where I work, west side of chicago, there is absolutely NO REASON to write a ticket to a working man with an actual drivers license. There are so many who don't have a license and drive anyway I just couldn't bring myself to do it. If you have a D/L and you're a working man , you get a pass from me. An Arfcommer, HMMMMMMMMMM. Maybe. |
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Write an Arfcom member? Have you seen GD much? I am quite sure many of them could easily talk themselves into one. Yes I have and yes I would. Based on some of the posts in GD, I might have been tempted to conduct a Felony Stop on anybody with an Arfcom sticker! 
I rode a Motor for years, and was a Certified Traffic Homicide Investigator and Re-constructionist, averaging 20-30 stops a day. I had NO tolerance for "stupid" or crashes, but of those other stops, maybe half would get cited. First off, I wouldn't waste my time on "marginal" infractions. 15-over and above was my cut-off on speeding, but if people were honest, polite and didn't pull the "why'd 'ya stop ME", "No I wasn't" crap or shove some meaningless membership card or sticker in my face, they'd most likely get a written warning. I used to have a little trick to find out if they were trying to "play" me. If they were "nice", I'd take their DL, Reg and insurance and walk back to the Motor. I'd sit there for a few minutes, fill out a warning, then walk back to them carrying my ticket-book with the warning tucked under the ticket-book holder, and talk to them a little bit more. They'd see me writing on something in their mirror, then see the ticket-book when I came back. You'd be surprised how many blouses got buttoned-up, skirts pulled down, tears dried up and cooperative-turned-to-indignant assholes emerged. If they were still nice, then I'd whip out the warning and tell them WHY they were getting a warning. If they turned into the typical arrogant ass, then I'd tell them that their ATTITUDE just got them a ticket and fill it out in front of them. Nothing feels better than writing a prick a ticket. I had one clown that just wouldn't shut up about a speeding ticket. I told him that as long as he kept talking (very abusive), I'd keep writing. He left with 5 tickets. Oh, ya, and yes, I DID extend professional courtesy to LEOs, FFs, and Medical personnel. As a former EMT/Medic and Volunteer FF, I know they had to deal with the same ass-clowns as I did. |
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Sounds like me and Txcop983 would work together very well. I've written 2 (count them, two) speeding tickets in the last 6 months. And one turned out to be DUI so that's why the ticket was written. The other was 20mph over the limit. I say to myself, 'Self, will a simple warning stop this infraction from occuring again?' If the answer is yes = warning. If there is a more serious crime in progress (DUI, drugs, gangbangers, burglary evidence, warrants) then the initial stop reason always gets written. Ive been told never to write a citation for the PC you stopped a violator on for a DWI or DUI case becuase if they throw out your PC for the stop (speeding) then you basically loose your DWI case too. If i pull over a guy for speeding or swerving and he's drunk ill arrest him for DWI and cite him for no insurance, expired registration, ect. but not for speeding. That's exactly the opposite of how I've been taught and how we have to do it. If I stop you for no brake lights or no license plate light, whatever, and I arrest you for DUI (or even cite for DUS) you get the ticket for the original PC too (I've had a couple based on not using a turn signal, only time I've ever written that violation) |
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would you be more likely to let off a fellow arfcomer with a warning for speeding (assuming of course he was not speeding so bad it was a huge danger to others, etc.) also, do cops ever even let people off for speeding any more, i heard that in a lot of places cops dont even have a choice anymore, as in once they radio they are making a stop it goes into the system and they will catch hell if they dont issue the ticket to make money for the area... just wondering. also, last time i got pulled over the cop cut me a huge break (i think because i was a CCW holder) he BSed with me about guns then put me down for 11 miles over instead of 40 30 miles over - he told me he could not let me all the way off the hook since i was so far over... Personally, I hate traffic enforcement. If I make a traffic stop, it's usually to conduct an investigative stop for more serious violations (i.e. drugs, stolen property, etc.) If I walk up and see it's normal joe blow, I'll run you out for warrants, hand you back your DL, and let you drive away free and clear. Only time I give traffic cites is if it was something so blatant and stupid as to warrant wasting your hard earned cash and time. Other officers may differ. Thats what I do too. |
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Sounds like me and Txcop983 would work together very well. I've written 2 (count them, two) speeding tickets in the last 6 months. And one turned out to be DUI so that's why the ticket was written. The other was 20mph over the limit. I say to myself, 'Self, will a simple warning stop this infraction from occuring again?' If the answer is yes = warning. If there is a more serious crime in progress (DUI, drugs, gangbangers, burglary evidence, warrants) then the initial stop reason always gets written. Ive been told never to write a citation for the PC you stopped a violator on for a DWI or DUI case becuase if they throw out your PC for the stop (speeding) then you basically loose your DWI case too. If i pull over a guy for speeding or swerving and he's drunk ill arrest him for DWI and cite him for no insurance, expired registration, ect. but not for speeding. That's exactly the opposite of how I've been taught and how we have to do it. If I stop you for no brake lights or no license plate light, whatever, and I arrest you for DUI (or even cite for DUS) you get the ticket for the original PC too (I've had a couple based on not using a turn signal, only time I've ever written that violation) I think you are fine doing that. Equipement violations are fine but if their action was considered a "hazard" type action (speeding, running a red light, fail to stop clear/assured distance on an accident etc) THEN the double jeopardy applies. It has to do with the fact that the hazard action could be attributed to being intox versus not checking their tail lights before pulling out of their drive. J- |
All you Arf.com er's who are worried about not getting a ticket should try OBEYING THE LAW. That generally assures that I won't ticket you, arrest you, harass, you, kill your dog, follow your pretty wife for miles outside of my jurisdiction, violate your civil rights, or cause you undue stress through my jack booted thug-like appearance.
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...also, do cops ever even let people off for speeding any more, i heard that in a lot of places cops dont even have a choice anymore, as in once they radio they are making a stop it goes into the system and they will catch hell if they dont issue the ticket to make money for the area... I let a third of the people I stop off without a ticket. There are times the administration says not to give any verbal warnings, but it has nothing to do with revenue, since we don't see any money from the fines. Its because we've been getting so many speeding complaints from the residents of the area the boss wants patrolled that he wants to send a message to violators. also, last time i got pulled over the cop cut me a huge break (i think because i was a CCW holder) he BSed with me about guns then put me down for 11 miles over instead of 40 30 miles over - he told me he could not let me all the way off the hook since i was so far over...
Sorry, I wont reduce the speed you were driving on the ticket. Thats the job of the DA. I'm signing the ticket under penalty of perjury that you did what I'm charging you with. I'm not going to lie on the ticket to benefit you. |
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I have been racking my brain for two weeks or so since I first saw this suggestion... I can't fathom how a person could get out of a DUI if they paid off the underlying traffic fraction ahead of time.
Here in VA, traffic infractions and misdemeanor criminal cases come before the same court - General District court. So, if a person prepays the traffic infraction, they still have to come before the court on the DUI. They've already plead guilty to the traffic infraction by nature of prepaying, thus they have waived their right to contest any evidence against them on the traffic infraction. They've already plead guilty to it, they won't be tried on the traffic infraction in court, and they can't fight the PC for the stop now. Where's the problem? |
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Pevrs, I'll check with our prosecutor tommorow when I am in court (if I remember) obviously the ansewer would be for michigan but would likley be the same idea elsewhere. IIRC there is acutally michigan case law on this, but not 100% sure, its been 14 years since the academy and 3 since I was on the road last.
The way that I understand it (for michigan atleast) is that with a DWI you are not charged until the case is reviewed by prosecutor (for our county with a totally by the book case it will take about two weeks). If they pay the ticket (plead guilty) then get charged again from the same incident for DWI it is Double Jeopardy. They are essentially being "charged" twice for the same crime. That is my understanding of it for michigan, but I'll check and post the answer I get. I know that it sounds retarded, LOL. J- |
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Like others have said, your attitude has about 90% to do with it. Cops don't HAVE to write tickets. I'll never understand why someone would intentionally act like an ass, then freak out when the get cited. A few weeks ago I stopped a guy for DWHUA. My intention was to tell him to pay attention to what he was doing, and give him a written warning. Instead, he pulls the "harassment" and "jack booted thug" speech. Needless to say, he left with more than a written warning.
Don't be an asshole, and you have a pretty good chance of getting a warning. |