UNBELIEVABLE COP (YOU MUST READ THIS)
- Thread starter Purple Dog
- Start date
bigdogsarge
FTW
First off...Glad you are OK and didn't get injured worse...Second..FIGHT IT, this so called cop was gunning for you as soon as he got the call, probably disturbed his doing nothing
....This is why I am so glad that I am getting out of that career. Guys like him make/made it bad for us who actually gave a damn on the job:bang: ....He is one of those who use the power the wrong way..being a DICK.:angry:
....This is why I am so glad that I am getting out of that career. Guys like him make/made it bad for us who actually gave a damn on the job:bang: ....He is one of those who use the power the wrong way..being a DICK.:angry:glad you are ok purple dog---it could have been a hell of a lot worse. i understand your anger, but most respectfully, be smart.
i would get a lawyer who does this kind of work and will take THIS case seriously. help secure the witnesses and other evidence for court (but do what your lawyer tells you to do). when trial is over THEN consider a formal written complaint to the department on the officer in question (you should have more to work with like his testamony under oath in court). after that outcome, then write a letter to the editor of your local paper.
it is hard to not be outraged at this situation. but, you might have some exposure on the ticket in court if you don't get a lawyer. i would not think of going to court without a lawyer to represent ME---yes, i would hire one and i have practiced law in maryland for over thirty years. everybody hates lawyers but you can't beat a man at his trade.
just my humble opinions, chuck
i would get a lawyer who does this kind of work and will take THIS case seriously. help secure the witnesses and other evidence for court (but do what your lawyer tells you to do). when trial is over THEN consider a formal written complaint to the department on the officer in question (you should have more to work with like his testamony under oath in court). after that outcome, then write a letter to the editor of your local paper.
it is hard to not be outraged at this situation. but, you might have some exposure on the ticket in court if you don't get a lawyer. i would not think of going to court without a lawyer to represent ME---yes, i would hire one and i have practiced law in maryland for over thirty years. everybody hates lawyers but you can't beat a man at his trade.
just my humble opinions, chuck
LARS
sippin & cruzin
I agree,get a lawyer some courts take it into consideration and even if you are found guilty they usually will lower the fine,not take points,somethin. good luck heal up,but def.fight it.Do some work,EMS should have done a rep.also,their names or badge #'s should be on that,at least you can show that you were treated at the scene,and that treatment was disrupted for nonsense that could have waited,their rep.should have a start stop time.Crap like that will help..
BigSpenda864
Active Member
I am not going to defend the officer's attitude, etc. but he may not have a choice in the matter. Some departments require their officers to issue a ticket if an accident occurred in the roadway (as opposed to private property) and/or there were injuries. Many times it does not matter whether it was a single vehicle accident or a multiple vehicle accident. In theory, I believe it is possible to have an accident (even a multiple vehicle accident) without anyone actually breaking any traffic laws. On the other hand, some LE agencies take the position if you wreck then a law was broken in some way. In VA it sounds like they made a catch all charge of Failure to Maintain Control or something like that. Here in SC they use Too Fast for Conditions to solve the problem. In SC they basically say irregardless of whether you were going 10mph or 100mph, if you wreck then you should've been going slower. It sounds like te VA law at least makes some sense from a legal standpoint. The problem I have is why do they have to write a ticket in the first place. You didn't hit anyone or anything for that matter. Also, you will already suffer possible increased insurance rates, medical bills, etc. Its between you and your insurance company whether you were contributing to the accident. I don't see why the legal system even needs to be brought into it as long as no one else was involved and you weren't really driving crazy.
Chopper Dave
SIICK!!!
RRRUFF
Well-Known Member
Yes, fight it! I would also while talking to the judge and the sheriff, mention the fact the officer interfered with you getting the proper medical attention you needed and ask what you could do about that. I think when they see that you will not go quietly into the night and realize what a prick the officer is then they might throw it out before the court date. Also when talking to the sheriff and the judge be repectful but inquire about your rights. Good luck and let us know what the outcome is.
Purple Dog
Member
Thank you for the input. I believe I will call the department and try to talk with someone about this situation. Funny thing is that I am still so bummed about this, it is making me forget about how much my ribs are killing me. Hope to be riding again soon. Cheers.
Follow chacha's advice. He's on to something here. Glad your still around with us. Some people wouldn't be so lucky.
Roaddawg
Well-Known Member
What you need to do now:
1. compile a report of your own. Write down everything you recall from that event to include:
a. date and time and location of accident
b. road conditions
c. traffic conditions
d. weather conditions
e. direction of travel
f. estimated (your guess) speed
g. what precipitated the accident
h. what occurred during the accident
i. events after the accident
J. any and all witnesses (names, phone numbers, addresses)
K. condition (mechanically) of motorcycle prior to accident
In addition to your notes, contact any witnesses and secure reports from responding agencies (fire, police, EMS, 911, etc.)
Who called in the accident? What information was given to dispatch? Immediately request a copy of the accident report.
You are entitled to "Discovery" (court rule: defendant is entitled to all notes, recordings, photos, witness list, gist of any testimony from witnesses, etc.), make sure you request this (must be done prior to {usually 10 - 30 days min.} court date). The officer is compelled to supply you any and all reports he produced regarding the event.
Often, part of the element of any MV related charge is that it has to occur on a "public way". If this is the case, file a request with the court (again, well in advance of the hearing date), that the county has to prove "public way". This typically involves calling in a state engineer, having to supply and submit to the court certified blueprints of the roadway, etc. It is often such a hassle that the prosecution hopes you forgot your request and never subpoenas the state engineer. If that is the situation, the court will dismiss the case.
Just have all the information you can possible gather with you. Review it, look for flaws in the submitted reports, ask for clarification on how measurements were made, speed was calculated, etc. Ask for proof of certification regarding investigation, report writing etc.
If properly prepared chances are you have a good shot of exoneration if it goes to a hearing. Prior to that though, request a pre-trial conference with the county attorney (or whomever prosecutes for the agency). Explain how the incident happened, give a brief synopsis on what you plan to present as evidence and how you feel you will prevail. Be polite and professional. Don't belittle the agency or officer or imply that "I won't file a police complaint if it is dropped" attitude. Just point out that you have better knowledge of what happened, you have witnesses that can attest to it, that the officer has flaws in his investigation and chances are the prosecutor will probably pick up on the same things.
Prosecutors would rather invest their time in preparing to try more complex cases (burglary, assault, etc.) instead of being burdened with a motor vehicle violation. You may also discover that the officer in question has already developed a reputation for cheap pinches and prosecutors do not like bringing those in front of the judge.
Prosecutors want solid winnable cases. Most of them want to further their careers, so minor violations, especially if they are based on minimal evidence or appear to be questionable anyways, can often be dismissed or negotiated without having to go to trial.
1. compile a report of your own. Write down everything you recall from that event to include:
a. date and time and location of accident
b. road conditions
c. traffic conditions
d. weather conditions
e. direction of travel
f. estimated (your guess) speed
g. what precipitated the accident
h. what occurred during the accident
i. events after the accident
J. any and all witnesses (names, phone numbers, addresses)
K. condition (mechanically) of motorcycle prior to accident
In addition to your notes, contact any witnesses and secure reports from responding agencies (fire, police, EMS, 911, etc.)
Who called in the accident? What information was given to dispatch? Immediately request a copy of the accident report.
You are entitled to "Discovery" (court rule: defendant is entitled to all notes, recordings, photos, witness list, gist of any testimony from witnesses, etc.), make sure you request this (must be done prior to {usually 10 - 30 days min.} court date). The officer is compelled to supply you any and all reports he produced regarding the event.
Often, part of the element of any MV related charge is that it has to occur on a "public way". If this is the case, file a request with the court (again, well in advance of the hearing date), that the county has to prove "public way". This typically involves calling in a state engineer, having to supply and submit to the court certified blueprints of the roadway, etc. It is often such a hassle that the prosecution hopes you forgot your request and never subpoenas the state engineer. If that is the situation, the court will dismiss the case.
Just have all the information you can possible gather with you. Review it, look for flaws in the submitted reports, ask for clarification on how measurements were made, speed was calculated, etc. Ask for proof of certification regarding investigation, report writing etc.
If properly prepared chances are you have a good shot of exoneration if it goes to a hearing. Prior to that though, request a pre-trial conference with the county attorney (or whomever prosecutes for the agency). Explain how the incident happened, give a brief synopsis on what you plan to present as evidence and how you feel you will prevail. Be polite and professional. Don't belittle the agency or officer or imply that "I won't file a police complaint if it is dropped" attitude. Just point out that you have better knowledge of what happened, you have witnesses that can attest to it, that the officer has flaws in his investigation and chances are the prosecutor will probably pick up on the same things.
Prosecutors would rather invest their time in preparing to try more complex cases (burglary, assault, etc.) instead of being burdened with a motor vehicle violation. You may also discover that the officer in question has already developed a reputation for cheap pinches and prosecutors do not like bringing those in front of the judge.
Prosecutors want solid winnable cases. Most of them want to further their careers, so minor violations, especially if they are based on minimal evidence or appear to be questionable anyways, can often be dismissed or negotiated without having to go to trial.
Purple Dog
Member
I am still wondering if I should contact my insurance company? The damage is maybe near the deductible, so I am up in the air on notification.
THANKS EVERYONE FOR THE GREAT POSTS. YOU CAN TELL THAT EVERYONE HAS A LOT OF EMOTION AROUND THIS TYPE OF CRAP.
THANKS EVERYONE FOR THE GREAT POSTS. YOU CAN TELL THAT EVERYONE HAS A LOT OF EMOTION AROUND THIS TYPE OF CRAP.
Uhhh ya may want to wait till after the court date for this one. Maybe,
If not dont let Rowdy know......
