Bogus Tickets???

[cannibusx1]

I recently got a few tickets in the mail. It's kind of a long story,but here it goes. I was passing some slower cars on the road on my motorcycle, when I had to sqeeze back into my lane due to oncoming vehicals. Well, it happend to be that the person that I got in front of was a seargent police officer on his way to work!! I continued to pass the person that was then in front of me when the coast was clear because he was the one causing the slow traffic. Well this got the seargent very upset, so he called an on-duty police officer that was in the area to pull me over. The cop that pulled me over was very nice. He told me that the seagent was very angry and I we had to wait for him to come. Well, when he got there he said that he was gonna write me all sorts of tickets and that I'm going to get a lot of points from them. Well he left the scene, and the on-duty cop stayed and talked to me for a while then he left. So, I received no tickets from the on-duty officer and I went on my way. Today I got all the tickets;Reckless Driving, Speeding, Tailgating, and Improper Passing!!!! The tickets were singned by the seargent as the plaintiff, but the time that is on the tickets is when he was off-duty. I dont understand how he can write me a ticket if he is off duty. He should of told the on-duty officer to write them, but even then he didn't see anything. So, does anyone know if this rediculous situation is legal and do I stand a chance in court????

 

[Michael Wechsler]

I don't know whether an off-duty police officer has the authority or lacks the authority to write tickets. I believe that officers do have the right to exercise authority whether they are on or off duty and that this is the law in most states. I don't know what state you are talking about.

Regarding the bogus aspect of the tickets, you should have another argument besides the fact that the officer was off duty and could not write up the tickets. It's a difficult one because if you lose on the challenge to standing (the ability to bring an issue to court), then you have the issue of whether you were guilty of these offenses. You should definitely show up and probably hope that the officer/plaintiff does not. If he does, you may have a better chance of pleading them down with the ADA or whomever the administrator is at the courthouse. Unfortunately it seems that you got caught at the worst moment... while you were in the passing lane and when you are the one with the utmost responsibility to ensure that it is safe to pass.... and then cut off a police officer!!!

From the description of the tickets it would seem that you have challenges to several, the exception probably being the reckless driving ticket which is pretty broad from my recollection of NY and improper passing. Speeding -- you must be going faster than the speed limit. You either were or weren't. The tailgating... same thing. You have to have been a certain distance or you are not guilty. Sounds like wrong place wrong time.... wish you luck.