So I received a court citation today

ZsX5o3 · #1 09-22-2009, 01:10 AM

Bad story to follow..

disclaimer: at no point am I saying that I am in the right, just giving all facts and looking for advice

So today coming back from my office on a long country road, I was behind an old man in a station wagon. Speed limit is 35 here, and he was doing about 30. I was probably following a bit too close, but not tailgating. Just enough to let him know I was not happy with traveling 30 in a 35. So finally he slows down a bit and waves me on. He doesn't however pull off the road. this is common, it's a scenic road in a historic district of Connecticut and people are often sight seeing.

So before passing him I checked breifly to see if there were any cars coming ahead as this is a no passing zone, double yellow. I don't see cars but about 100 yards away I see a motorcycle coming. So I figure I can make it and accelerate past the wagon. I didn't however gauge how fast the motorcycle was coming, and the motorcycle did not move over or slow down at all as I was passing the wagon. I would guess he was going about 65 because in the blink of an eye he was right in front of me.

I had to absolutely floor it to avoid hitting the motorcycle and get back into my lane. The motorcycle did not flinch at all. I thought wow that was close and continued down the road feeling a bit flustered. Only a few seconds later did I see the motorcycle coming back toward me, it was a cop.

Apparently the cop did not see me until the last second, as I later heard him telling the second officer that arrived. He was looking at his radar "I popped my head up and there he was"

The cop was extremely angry when he pulled me over. I thought he was going to make me lay on the ground. He told me to shut the car off, hold the keys outside of the car and then put them on the ground.

I was very apologetic, and never mentioned how fast he was coming toward me which looking back I wish I had. I was too shocked that I almost hit an officer and was being pulled over for it. He wrote me up for wreckless driving, failure to carry insurance (my fault for sure), and not having a front plate.

I can easily explain my case, but I'm mostly worried about what this officer put in his police report which I know the judge or prosecutor will be reading. He made it sound (to me) like I was knowingly risking his life and driving like a maniac. Additionally he did not see the other car wave me on, and thinks I was just randomly passing a person on the double yellow. I'm worried the judge is going to read his story as if I had no respect for the police officer and carelessly cut in front of him risking his life.

The whole situation was terrible, the cop genuinely believed that I risked his life carelessly and on purpose. I absolutely feel like it's my fault, but everyone is telling me it isn't and they don't seem very shocked by it as I have been.

Do I have any defense here? I received no ticket, only a court date which I'm now dreading! Any estimations about how fcked I am are also welcome.

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Dannyell · #2 09-22-2009, 01:27 AM

I'd get a lawyer...definitely mention that the officer himself saw you pretty late...because really if he wasn't such a jackass he could have realized that the situation was easily avoidable if he had braked a lil or maybe obeyed the speed limit which often law enforcement cars do not...

Good luck...the insurance you will need proof that you had at the time he pulled you over I believe...and front license plate u might be able to get away with paying that if you tell the judge/ court magistrate that you have placed the front plate back on the car...

Best of luck to you

cmyX6go · #3 09-22-2009, 08:33 AM

You saw him and chose not to wait. Poor judgement. If you were the him, you'd be pissed too.

In my opinion, it doesn't matter how fast he was going, YOU broke a double yellow. It's obviously a no passing zone for a reason.

Sorry, just my honest opinion.

Hope it works out.

statdoc · #4 09-22-2009, 08:53 AM

Sorry, I have to agree with cmx5go. The old guy in front of you has no authority to allow you to pass in a no passing zone. You did, and could have killed a cop. Pay the ticket.

Thunder22 · #5 09-22-2009, 09:08 AM

Cliff Notes:

1) you passed in a no passing zone
2) almost hit a cop

Pay the ticket and be thankful the situation wasn't worse.

chilliwilli · #6 09-22-2009, 09:36 AM

Sorry to hear Zack...As a motorcycle rider myself, i absolutely fear being in the situation you put the cop in. I've gone off the shoulder in a similar situation and fortunately for me, it wasn't a soft shoulder. The fact that he was on a bike may weigh heavily against you.

As Thunder22 said, pay the ticket...or I suggest you get an attorney for this one. If you go at it alone, be prepared for a harsh consequence. What were you driving and what did his radar clock you at?

Quicksilver · #7 09-22-2009, 09:49 AM

The lawyer part may help but when he defends you
encourage him to leave out the "jackass part"....

Quote:

Originally Posted by Dannyell

I'd get a lawyer...definitely mention that the officer himself saw you pretty late...because really if he wasn't such a jackass he could have realized that the situation was easily avoidable if he had braked a lil or maybe obeyed the speed limit which often law enforcement cars do not...

Good luck...the insurance you will need proof that you had at the time he pulled you over I believe...and front license plate u might be able to get away with paying that if you tell the judge/ court magistrate that you have placed the front plate back on the car...

Best of luck to you

primetime · #8 09-22-2009, 10:37 AM

First thing is this. If you're going to pass in a double yellow (and you shouldn't) you better make sure there is no one in sight. I mean no one. You said you saw the motorcycle rider in the distance but later turned out to be a cop. You deliberatley made the decision to pass even with him off in the distance. Bad move. Now you're goin to court. Probably not going to be anything major just pay it and learn from it.

Meiac09 · #9 09-22-2009, 10:39 AM

The only ways to make it "less bad" would be to make sure the judge knows
a) the other guy slowed down AS IF he was going to pull off
b) you had no intention to nail a motorcyclist.

If this is anything like Route 58 up in Redding and Fairfield, its not uncommon to have people on rice rockets going upwards of 80MPH. If the cop was speeding (and especially if he recorded the conversation) he should get in some hot water too. You're probably not going to be able to get off free, but that what I would do, IN ADDITION to getting a lawyer to reduce the consequences.

motordavid · #10 09-22-2009, 10:59 AM

Not objective here, as I've had dozens of similar close calls, by oncoming cars that
pulled out, in 45+ years of riding...it will make your heart thump, adrenalin rush,
and often leave the rider glad to have made it, but pizzed at the driver.

The cop was no different, imo, regardless of what he was doing/viewing; you
scared the crap out of him and, as a cop he could react.

I'm with primetime: if you are gonna boogie across a dbl yellow, hope no one
else is around and the idiot you blow by is not calling the cops.

A sincere apology, remorse and some luck may get you by with a fine and
a few points...the cop could have written careless or reckless driving, which
in most states is serious points/fines. GL,mD

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