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Need LEO opinion (or a lawyers)

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  #1  
Old 05-30-2011 | 10:16 AM
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Schaub85
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Default Need LEO opinion (or a lawyers)

Got pulled over yesterday. Heres what went down. I was traveling on a two lane rode(one lane each way) I was approaching a local LEO from the rear. My first thought was why is he this far out? He was about 4 miles out from town. He signals to turn right (at a 3 way intersection where we have no stop sign), actually starts to turn right (but very slowly), at that point in time I eased to the left lane and continued on my way. I immediately notice in my rearview him jerk it back into my lane and flip the lights. I figured he was gonna pop me for something stupid like going 5mph over. No he cites me for illegally passing at an intersection. I honestly did not know this was a law. I mean sure I wont pass someone at an intersection, its not safe practice. But when someone is turning, I feel like its common practice around here. People dont hesitate to do it. In the law he noted, it does say something about not crossing the center line within 100ft of an intersection. It just irked me cause I feel like he set me up. Not to mention about 500ft before that he about tagged a guard rail, while throwing dirt and rocks all over me (I just assumed he was txting lol).

I'm not questioning what I did, apparently its illegal. But I'm asking if I should fight this or at least go to court and pose my side or see if the judge thinks its as stupid as I do.

I haven't had a citation in something like 4 years and even then it was a minor speeding ticket.

Once again, I'm not questioning the legality or if you would have stopped me, simply whether or not you (an LEO or someone involved with the law) think I Have a chance at trying to get it dropped.
 
  #2  
Old 05-30-2011 | 10:24 AM
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Don't fight it, just try to get a diversion/amendment to keep it off your insurance.

Try to look at if from the Judges point of view, does the citation sound reasonable?
Was a law actually broken? Did the officer follow proper procedure?

If the answer is yes to any of those you might have a hard time getting it dropped.
I am not a LEO or a Lawyer but I did stay at a Holiday Inn Express last night!
 

Last edited by kccustom; 05-30-2011 at 10:43 AM.
  #3  
Old 05-30-2011 | 10:28 AM
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Sounds like a set up to me.
 
  #4  
Old 05-30-2011 | 10:33 AM
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Not a lawyer or a cop here so don't listen. Far as I know (I am a profesional driver) it is illegal to change lanes within 100 feet of any intersection in all states. Yea yea see everyone do it. Been laughed at or beeped at by many for not passing in a similar situation you were in. Sucks cause by your story it does sound like he was baiting you. When you go to court (and do go) do not say you didn't know it was wrong as ignorance isn't innocence. Politely as possible I would explain how the officer for some unexpected reason was "dragging his heels" making his turn leaving you no SAFE option other then driving around the sudden obstruction. Be polite and calm. Your driving record does do some talking for you.
 
  #5  
Old 05-30-2011 | 10:35 AM
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My daughter is a lawyer, showed her the thread and while sounds like entrapment almost, as he was baiting you to go around you have still broke the law.. Just mark it up as another LEO that don't like Bikers .. Fortunately around here, most are decent unless act like an idiot ..
 
  #6  
Old 05-30-2011 | 11:22 AM
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NDBadlands4-2
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You did indeed break the law. In a court of law you will lose. In the court of common practice, you are right everyone does it. None the less, pay your ticket.
 
  #7  
Old 05-30-2011 | 12:30 PM
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The only chance you'd have is if he doesn't show up in court.
 
  #8  
Old 05-30-2011 | 12:44 PM
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The very same thing happened to me while driving to work. You don't have a leg to stand on, as you can't prove entrapment. Pay the ticket and roll on.
 
  #9  
Old 05-30-2011 | 12:56 PM
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Yep you broke the law,

My best bud and riding partner is a NC Highway patrol man. you make mention of this him nearly runnin off the road. I get pissed at LEO's riding down the road with their laptops open and working on them or themselves texting while driving, I had confronted him about this and I get I am the law, I say that doesn't mean you can break it. And we have no texting/ or use of electronic devices while driving. just something to chew on.
 
  #10  
Old 05-30-2011 | 12:57 PM
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i would go to court as someone above said, explain what happen i would even admit i knew the law, but was put into a postion of making a decision on safety of all involved and chose the least to cause a accident, if your lucky he will lower it but you will be found guiltly, but the officer might get a little lesson
 



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