#196804 - 05/09/03 11:17 AM
was this cop right or wrong or just stupidity
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Anonymous
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#196805 - 05/09/03 11:33 AM
Re: was this cop right or wrong or just stupidity
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Anonymous
Unregistered
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OMG,,
That sounds like a character attack on our law enforcement. Better shut down this thread! Its out of compliance!
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#196806 - 05/09/03 12:07 PM
Re: was this cop right or wrong or just stupidity
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Parr
Registered: 11/09/02
Posts: 47
Loc: Centralia, WA
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Josh,
Based upon your handle, I'm going to guess that you're in Cowlitz County. If so, go see an attorney by the name of Randy Furman. There has to be probable cause to pull you over on a traffic violation. A $490 ticket is likely for "Negligent Driving 2nd Degree." If that's the case, the cop has to establish, among other things, negligence on your part--not just speed. Speed alone won't get him there.
If you want, call me. I'll donate 10 minutes of my time to see if I can get you pointed in the right direction on fighting this.
Wade Samuelson 360-736-1301
_________________________
Wade
They can have my coffee when they pry it from my cold, dead fingers.
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#196807 - 05/09/03 01:46 PM
Re: was this cop right or wrong or just stupidity
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Spawner
Registered: 01/17/02
Posts: 672
Loc: AUBURN
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ive been threatened by tacoma cops/park police after being pulled over that i was"under arrest" , in most cases they use it as a power trip..they were in the wrong by saying that and the judge even told the cop so, but i know i did something i shouldnt have (peeled out at the exit of pt defiance park) , i think they should go thru a mental evaluation every 6 months, some cops jus shouldnt be cops..i feel for ya man..
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#196808 - 05/09/03 01:57 PM
Re: was this cop right or wrong or just stupidity
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River Nutrients
Registered: 05/06/01
Posts: 2959
Loc: Nisqually
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Only hearing your side of the story, Josh, it sounds like you got a bad rap.
Call Wader!
_________________________
Carl C.
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#196809 - 05/09/03 02:11 PM
Re: was this cop right or wrong or just stupidity
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Spawner
Registered: 12/14/99
Posts: 788
Loc: Tacoma WA
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WOW, deja vu. I had similar thing happen at 17 as well (I'm 33 now). I had an old chevy musclecar. It was december, and cold. Anyone who's owned a 60's vintage chevy, knows they are the cold bloodest cars in the world. Well, my car was fast. VERY fast. But I always kept her within the speed limits. I had just left the school (mind you my car was still cold, no heat yet, and barely going). I turned from overpass (sitting at a red light mind you and having to put foot on gas to keep her running) I had a police offer behind me at light, and no I wasn't revving engine, just stepping on gas a bit (Won't disclose city name, but they were notorious for writing tickets in the 70's and 80's). Well, I had barely turned, and was about a block from the corner and he turned on his lights. He said he had PACED me going 65 mph in a then 40 zone. I laughed (since my car died when I pulled over, it was still cold). My car would not run fast until thoroughly warm. Had no umph at all cold. He didn't tell me that he paced me until I asked him to show me radar (my basketball coach was a lawyer thank god, in fact he's now the judge of SAME town lol). He represented me in court. Put officer on stand (which, he was one of the bad ones, this city actually had a lot of them) and ripped him apart. Back then, legal pacing had to be 2 city blocks worth. This was barely even one, I had stopped within the end of 2 blocks. The fact my car was cold and I had turned a corner to start my pacing was another factor. It was actually thrown out of court by the judge. But, I had to deal with the terror of my parents up until court date. But in end, the judge even chastised the officer (which I had heard was rare). My lawyer even said that, and figured it may have been a ploy since there wasn't any other cases that day, I was the last.
So, go and fight it. It saved my insurance, which a male under 25 needs every break they can get. I agree, get a lawyer. What's the saying "A man who represents himself has a fool for a client"?
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#196810 - 05/09/03 04:20 PM
Re: was this cop right or wrong or just stupidity
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Anonymous
Unregistered
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ALSO THIS IS THE FIRST TIME I HAVE BEEN PULLED OVER EVER!!!!!!
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#196811 - 05/09/03 04:25 PM
Re: was this cop right or wrong or just stupidity
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Returning Adult
Registered: 11/25/02
Posts: 249
Loc: T-town
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L R F J...
what kind of car do you have?
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#196812 - 05/09/03 04:34 PM
Re: was this cop right or wrong or just stupidity
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Anonymous
Unregistered
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I have 2 cars:
a 1989 chevy s10 (grunt truck) a 1999 oldmobile Alero, for school and work
I was driving my truck
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#196813 - 05/09/03 04:51 PM
Re: was this cop right or wrong or just stupidity
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Returning Adult
Registered: 11/25/02
Posts: 249
Loc: T-town
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I took my last ticket to court and the judge dismissed it due to prejudice on the officers part to what kind of car I was driving I guess. I didnt bother to ask what he meant... All I heard was DISMISSED and PREJUDICE, and I got the hell out of there 
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#196814 - 05/09/03 04:55 PM
Re: was this cop right or wrong or just stupidity
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Anonymous
Unregistered
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WADER-
I gave you a call, but you were at lunch, so I left you a message, give me a call between 6:30 and 7:15 tonight. I will leave the number again 360-666-4654. thanks alot
Minibear-
what kind of car was it?
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#196815 - 05/09/03 04:56 PM
Re: was this cop right or wrong or just stupidity
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Three Time Spawner
Registered: 06/14/00
Posts: 1828
Loc: Toledo, Washington
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Take Waders advise!
But it does not sound like we are hearing ALL of the story yet! I would suggest that you closely read the RCW's that I have listed and see how they may apply to your case. My biggest concern would be the reason for handcuffing you if you did not get belligerent or hostile with the officer. If you did not violate any of these, and what you have said it true, it would appear that the officer may have used excessive force by handcuffing you during a standard traffic citation stop.
One would think that driving 20 miles over the listed speed limit could possibly justify an officer charging you with reckless driving, but that would also be stated on your citation l RCW 46.61.465 Exceeding speed limit evidence of reckless driving. The unlawful operation of a vehicle in excess of the maximum lawful speeds provided in this chapter at the point of operation and under the circumstances described shall be prima facie evidence of the operation of a motor vehicle in a reckless manner by the operator thereof RCW 46.61.465
RCW 46.61.020 Refusal to give information to or cooperate with officer -- Penalty.
*** CHANGE IN 2003 *** (SEE 5758.SL) *** It is unlawful for any person while operating or in charge of any vehicle to refuse when requested by a police officer to give his name and address and the name and address of the owner of such vehicle, or for such person to give a false name and address, and it is likewise unlawful for any such person to refuse or neglect to stop when signaled to stop by any police officer or to refuse upon demand of such police officer to produce his certificate of license registration of such vehicle, his insurance identification card, or his vehicle driver's license or to refuse to permit such officer to take any such license, card, or certificate for the purpose of examination thereof or to refuse to permit the examination of any equipment of such vehicle or the weighing of such vehicle or to refuse or neglect to produce the certificate of license registration of such vehicle, insurance card, or his vehicle driver's license when requested by any court. Any police officer shall on request produce evidence of his authorization as such
RCW 46.61.021 Duty to obey law enforcement officer -- Authority of officer. (1) Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop. (2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check for outstanding warrants, check the status of the person's license, insurance identification card, and the vehicle's registration, and complete and issue a notice of traffic infraction. (3) Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself or herself, give his or her current address, and sign an acknowledgement of receipt of the notice of infraction.
I hope this has helped you!
Cowlitzfisherman
_________________________
Cowlitzfisherman
Is the taste of the bait worth the sting of the hook????
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#196818 - 05/09/03 05:54 PM
Re: was this cop right or wrong or just stupidity
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Returning Adult
Registered: 04/02/99
Posts: 453
Loc: Yakima Wa. U.S.A.
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I was pulled over for running a light. The only problem was that it was green. Went to court with witnesses and the case was dismissed. Judge said that officers are subject to mistakes too. The Duck
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#196819 - 05/09/03 11:11 PM
Re: was this cop right or wrong or just stupidity
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Smolt
Registered: 11/28/00
Posts: 75
Loc: Everett, WA, usa
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not that im doubtin your bad experience but i was pulled over by a stater last nite that was a total professional and i made out good.
_________________________
I'm the NRA.
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#196821 - 05/09/03 11:34 PM
Re: was this cop right or wrong or just stupidity
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Spawner
Registered: 06/24/01
Posts: 684
Loc: Toledo Wa
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Simple advice,If you can afford missing work,Contest it.Plead not guilty.Have your day in court and tell the judge your side of the story. In my younger days I had a run in or 2 (or maybe a few more than that)with the law.Mostly the small stuff.Sometimes I deserved it.Sometimes not.Ive been lectured to by the judge ,and have seen the judge lecture the officer. I actually had a judge tell an officer how sick and tired of him taking advantage of the public he was,that he dropped the case and got up and walked out of the courtroom after telling me to get a lawyer and see if I had other avenues I should pursue.The judges know those cops and some of the cops get reputations,just like some of us do. One thing I learned is always plead not guilty.You never know when the ticket will get thrown out for any of a number of reasons.Heck maybe the officer got sick and couldnt make it to court that day.Case dimissed. At the very least you can tell your side of the story,present any info,evidence,or witnesses.Then maybe get your ticket lowered. One other thing,cops have bad days just like us,They put up with jerks,deal with everything imaginable.and are under huge amounts of stress.So always remember that,and always be respectful,no matter what.You'll be glad you did.
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#196822 - 05/10/03 12:15 AM
Re: was this cop right or wrong or just stupidity
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River Nutrients
Registered: 05/06/01
Posts: 2959
Loc: Nisqually
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If you take the time to show up for your court date the judge will almost always knock the fine down by half.
_________________________
Carl C.
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#196823 - 05/10/03 01:46 AM
Re: was this cop right or wrong or just stupidity
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Three Time Spawner
Registered: 03/13/00
Posts: 1830
Loc: Kelso Wa.
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Lets see here, your 17, your male = your screwed, bring your checkbook!
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