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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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On December 31, 2015 I was driving from Buffalo NY to my

Customer Question

On December 31, 2015 I was driving from Buffalo NY to my home in Mayville NY. It was 4 pm and I had just left Sisters Hospital after a follow up to Leg reflex surgery I had the day before.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: sorry I am not done yest
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Customer: The Doctor had told me he wanted me to wear a compression sock and he gave me a number of address of sport medicine shops to get one. I wanted out of the Buffalo area so I found an address in Orchard Park. When I got off the I-90 toward the Rt. 219 exit, I have more to tell
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Customer: It was then that I noticed a blue Ford Mustang behind me and it continued to be on my bumper for what I would say was 2.5 miles. When I finally got to Orchard Park and the street my GPS told me to turn right, I was at a stop light and the mustang was still behind me and all of a sudden that car had lights all over it and I was getting picked up. The officer told me I had forgotten to signal and he gave me a ticket. I have to appear in court tomorrow and I am pissed. I fell this was a set up. Last day of the year young cop, he was on my tail for miles I couldn't even read his license plate or see his headlights. Can I use some legal phrase to get out of this ticket ? Thank You Pearl
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Customer: Pearl please look at everything I typed I think I have explained it as best I can
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Submitted: 9 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 9 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The legal term that you're looking for is entrapment, which is what happens when police set someone up to commit a crime so they can then arrest them. There's nothing illegal about police driving an unmarked vehicle, and it's not illegal to drive behind someone for a while. However, it may be possible to argue that you didn't signal because you were fearful of the car that was tailgating you for a significant amount of time and that he induced you not to signal because you were afraid for your safety if the car were to continue driving behind you.

Note that you'd need evidence that the police officer was driving aggressively, following too closely, and things like that. It's not enough that he just happened to travel behind you for 2.5 miles. The facts related to your surgery and hospital release are not relevant, because an entrapment defense focuses on the police officer's state of mind, and there's no way he could have known about it.

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