Laxplaya11385

So i posted this story in one of the threads, b/c the top happened to come up, but i figure i'd put it out here to get more exposure. Hopefully someone can give me some advice.

I got a ticket yesterday while lookin' for parking for restaurant week in NYC. I had already dropped of my gf and my friends so that they can sit and start ordering, instead of driving around with me to find parking. So there i was stopped at a red light waiting to make a right turn (in NY you can't turn on red). After the light turns green, i let the 20495240958 (slightly exaggerated number) pedestrians go by, only to see a cop wave a flash light at my car, from left to right. The flashlight was a really bright white LED one, and the motion was a left to right motion, as if to tell me to pass. Had the officer held up his hand with his palm facing me, i would've understood that as stop (such is the international stop signal).

I don't know how New Yorkers interpret that, but to me, a cop in the middle of the intersection waving lights, is a cop who's directing traffic. So i start to make my right, mind you going about 5 mph, b/c i didn't want to FLY past a cop, and he starts saying something, so i roll down my windows to hear him, but he stops talking and keeps waving his flashlight, so i continue to roll forward, but at an even slower speed.

The cop then walks towards my car and slams his fist on my hood and yells, "ARE YOU KIDDING ME?? DO YOU KNOW HOW TO FUCKIN' STOP?" At this point, i'm shocked. 1) b/c he punched my hood, and 2) b/c he was yelling at me while i was super confused.

So i stick my head out the window and calmly, tried to explain to him that i thought he was directing traffic and that he was waving me by, only to hear him say, "no, i was telling you to stop, you idiot. What were you trying to do? Run me over?? huh?"

I say to him, "no sir, i was definitely not trying to run you over," and again, reiterate the fact that i was thought he was signaling for me to turn.

At this point he keeps yelling about how he was telling me to stop and that i was trying to run him over (yeah...at 5 mph). So he tells me to put the car in park and walks across the intersection to his car. Meanwhile, i'm trying to keep my cool and not make the situation any worse.

As he walks over, i stick my head out the window to apologize for any misunderstanding/communication between me and his signalling. The whole time, i was very apologetic and trying VERY hard to get him to understand where i was coming from. So he "tries" to be a nice guy and says, "ok, i understand you're a nice kid and all, so i'll be fair and give you a 2 point ticket for 'failure to comply' instead of a 5 pt wreckless driving."

Luckily there's no dent on my hood, or else i'd probably have hired a lawyer by now. Gotta figure out if there's anyway to get out of this ticket. Any suggestions??

Aman

wait so let me get this straight...he thinks he's being nice to you for not giving you a ticket for reckless driving at 5MPH?

Someone didn't get any last night.

TzarChasm

Meh, go to court, explain it to a judge. Chances are you are getting off. Done and done.

black label

x2

I had a similar incident in Lowell MA. The traffic light (and intersection) is about 50ft from the stop line and I'm trying to make a left hand turn. The light was green when I went past the stop line but I had to wait for an opening in traffic to make my turn. Well I never got the opportunity as the car in front of me didn't get to go either (there was another car behind me who was over the line and stuck as well). So a cop (when their being dicks I call them cops, if they are nice they get to be Police officers) pulls up next to us one at a time and says, "after you make the turn pull over".

The bastard ends up writing us all tickets for 1) running a red light and 2) blocking an intersection. Now first off, you can't do both. If I run the red light, then I am effectively on the other side of the intersection. If I block the intersection I haven't really run the light. I tried explaining this to him and the fact that I was well past the stop line when the light turned yellow then red but never had the opportunity to safely make the turn but he wasn't hearing it and I typically don't make a point of arguing with someone in a bullet proof vest so i drop it and fight it.

No questions asked at the court house, they dropped both charges almost immediately. It apparently is a common situation at this particular intersection due to the distance between the "stop line" and the actual light and turn and they agreed that there wasn't much I could do to have avoided being in that situation.

Blind_Shooter

the only thing you can do about that, (im in law school and my father is a judge so im not completely blowing smoke up your @$$.) go back to the intersection and take pictures so the judge presiding over your traffic case has a really good idea of where you are and what not. the officer who wrote the ticket will have to also come in. im assuming it was dark out and thats why he had the flashlight. but if he wasnt directing traffic WTF was he doing in the middle of an intersection with a flashlight?? he would have to explain that to a judge and why he was using a flashlight in the manner he was?? who speaks flashlight?? not me. i dont remember them teaching it in law school or the police academy or drivers ed. we are drivers not airforce pilots. also helps if you go in a few days before to the traffic court and just see how they operate. see how the judge is. see what gets dismissed and why. see if the same cop has a history of writing BS tickets.(maybe hard to find that out unless you know a cop or two) good luck i hope i helped you a little. Also read the statute for failure to comply to see if you can spot something that will help you. GOOD LUCK

fuzzy02CLS

iTrader: (2)

Unless you can prove anything your screwed. NY courts will always give a cop the call. Your in Manhattan as well. Where they will write up up for almost anything.
Take the train next time.

Trackruner228

iTrader: (1)

What an asshole. I am pissed off just reading that.

mrmako

I hope you can get out of it....But I must agree that in NYC, the cop will probably win.

Fibonacci

There are plenty of good cops, but unfortunately one of the downsides to being in a position of influence over the general populace, some weak minded individuals let the power trip go to their head.

http://www.washingtonpost.com/wp-dyn...print/asection

You may have just caught this cop at the wrong time and he vented his frustration on you, or he may just be a prick.

Shoofin

Get a lawyer

I have a good one if you need it...PM me for his name/number

On a side note, you're from NJ, you have a NJ license I would imagine...do out of state points transfer to a NJ license?

[edit] looks like http://www.state.nj.us/mvc/Violation...therStates.htm

Babnik

Try asking this question on a police officer forum: http://forums.officer.com/forums/

TS_eXpeed

x09234756

Trackruner228

iTrader: (1)

bigman

It's NYC, GET A traffic violations LAWYER