Got my first ticket tonight for what the officer says was "Driving Erratically". It was 9pm just going home from a cruise with a friend and almost to my house. There is a turn I like to take which has two walls on the each side so the car is very loud. So I did what I always do, check my police radar, its clear and just go from first to the really low rpms of second. I hit 43 in a 35 and started to slow down for the stop sign ahead when out of no where, the cop shows up. The cop was a real dick-head. Calling me Stupid multiple times, drawing his weapon for no reason, flashing his flashlight repeatably at my face for no reason and threatening to take me to jail on my first ticket and accusing me of drinking. He gives my ticket and says he will give me a citation for speeding. I later looked at the ticket and it does not show the speed limit in the zone and it does not show my speed. All it shows is the basic info, car, driver license plate etc, and a price. $140. So I would like to know what to do. I really want to argue it in court because he has no real proof that I was speeding. What do you guys think? BTW, there was no one, absolutely no one on this road but me and the mystical cop that showed up.

 

From what you're describing, it sounds like he just heard your car coming, and it was loud/revving high, so he pulled you over and gave you a ticket.

Fight it in court, and explain that to the judge. If the cop doesn't show up for the court date, the ticket will most likely be dismissed. If the cop shows up, ask the police officer how "you were driving erratically." If he says "I could hear you." Explain that your exhaust is loud, you were in a narrow corridor, which amplifies the sound.

Also, if the cop really did draw his gun for no reason, and was acting like a total jerk, then file a complaint with the police department's internal affairs. You could also file a FOIA to get the video footage from the officer's dash camera.

 

This is why I encourage everyone to run a dash camera at all times. Modifry makes a really good windscreen mount and you can get an excellent compact camcorder at a reasonable price. A camera is a MUST in these days cause cops do whatever the hell they want and no matter how out of line they were, they get the benefit in court simply because they are making money for the court.

I wouldnt explain anything about the sound, he has already made several errors in this case that can and will easily be thrown out as long as you didnt admit guilt or fall for any of his gotcha games. The entire encounter seems to be based off speculation and profiling, any good lawyer will see this and quickly get it thrown out.

Filing a complaint is a double edged sword, if you do not carry 24/7 video in your car, you will most likely face retaliation for the complaint. IF you try to cross examine the cop in court be prepared to have your ass handed to you if you are not experienced in these types of things, your questions could actually help the cops case because they are trained in spin tactices and word games. You need to ask YES OR NO questions that are relevent to the facts and which help your case. I can almost promise he will say you were combative, uncooperative, rude and a pain to deal with. They know what the judges like to hear so they can cash in on you. I could give you so many pointers, but your best bet is to call a lawyer. The lawyer will get it thrown out, they after its thrown out, ask the lawyer to help you write a complaint. The lawyer knows how to write these things to where they are taken seriously, and saves you from other dangers.

I have recently has a similar situation and the entire encouter was captured by my dash camera, the cop was a total dickhead, making up alot of bullshit charges and other threats. I have already given a copy of the video to my attourney. I would post it but he has advised me to not release this video just yet.

 

Go to court. Dress nice for the judge. Present yourself as you would, having a normal IQ level and not someone from Jersey Shore (judges hate that shit); say still attending school, etc. Tell him/her the scenario what you told us (9/10 the officer doesn't show up unless you plead not guilty and go to trial, then they'll show up). Plead guilty with an explanation, say your explanation. Basically kiss the judges ass and apologize a lot. There's nothing else you can do without video evidence on your side.

I have been to court a few times and there is always a few women that go in there dressed up (man I love seeing some of the women in there), crying and shit to the judge, ends up dropping everything. My GF when we were 16, she was driving around in her moms car with no license, ends up rear ending a car (moms car was totaled). Had 5 citations. Goes to court, gets everything dropped.

My last time in court for a ticket going 70 in a 40 there was this snot-nosed 17 year old a few people before me. Acted like a tool with his arms crossed, not caring what happened. Judge asked, "have any of your high school friends died from driving recklessly?" He answered, "yea." Judge asked, "that doesn't change the way you drive at all?" "No not really." Judge made him write a paper, go to some class, and come back again. My turn was a few turns next, said my story and what I did for a living (I drive around a lot, from County to County checking properties for Real Estate); told him I was driving around all day for roughly 4 hours straight and was late to meet a home inspector and I was concentrating on the road and not my MPH. Said I was sorry and how ignorant I was to not pay attention to the speed, and how I will be more careful, etc. Ended up reducing it to a 49 in a 40.

Long story short, don't go in there acting like a snot nosed tool. Be respectful, and don't tell him what car you drive unless you are asked. Keep the story short, with detail.

 

Cop will always shop up, even if it takes them 15 minutes to testify against you, they get paid 6-8 hours in overtime to do so. Unless they are off on vacation or dead, the WILL always show. They typically schedule many cases all on a day off to get some serious OT, I know one cop that does this and can make over 1k in a 6 hour day with OT doing this

 

Have never had a cop show up for a traffic violation that didn't involve any other cars or anything (like a speeding ticket). Unless you have bad luck and they have another case on the same date/time that doesn't involve you, and they are there they would probably stay..? I dunno. Cases before me for different things the judge would call the officer (accidents, falling asleep driving, etc). Some not present, some came to the stand. For speeding tickets the judge didn't call the officer out loud, only the person responsible for the ticket.

 

i never had a cop show up for a traffic violation. i have never seen any cop show up for any traffic violations when i went to court for my violations.

 

Cops not showin up, damn nice! Out here in cali they almost always show. Ive had exactly 4 tickets and beat them all out here, thank god for dash camera footage! I got lucky on another cause the cop hadnt a damn clue why he was even testifying against me, claimed I was speeding when it was actually for running stop sign lol, case dismissed!

I guess alot depends on the area too, some parts of LA the cops have actual police work to do as opposed to somewhere like Santa Monica where the pigs here all make 6 figures and dont have shit better to do are a guaranteed show.

 

TLDR...

Extend your court date once or twice then go fight it in court. The chances that the cop who issued the ticket will show up after one or two extensions is slim to none.

 

Court date is pretty far. September 27th. Also forgot to mention I had a passenger who witnessed the whole thing.