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lucy7368, Lawyer
Category: Traffic Law
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Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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Are they specific rules on how the police should pull over

Resolved Question:

Are they specific rules on how the police should pull over a car? For example, my car was pulled over on a highway by the ridgeland police force in MS. However, the car was positioned in a very dark area facing the upcoming cars. This was not a usual place where officers would park, since a took this route home every night and it was at the end of the month, which suggest collection of quotas.

Submitted: 1 year ago.
Category: Traffic Law
Expert:  lucy7368 replied 1 year ago.

Hi,

My name is XXXXX XXXXX X'd be happy to answer your questions today. We have recently implemented a new rating and feedback system. Please be aware that you are rating my courtesy and service as a professional, and not necessarily whether you like the information that you are receiving. If you have any questions whatsoever, or there is anything I can clarify for you, please temporarily bypass the rating system by clicking “Continue the Conversation” (It’s a small link to the right of the rating box.) Clicking either “I expected more” or “Helped a little” reflects poorly on me, so please reply to me if there is anything else I can do to help before choosing those options. I appreciate your patience while we work out the kinks.

The only rules are related to the use of lights, or sirens when necessary, or things like that. There is no law that prevents a police officer from setting up where he can see other cars, then coming out and issuing tickets. It's only considered entrapment if a police officer actually induces someone to commit a crime that he otherwise would not have done. That doesn't apply to a situation where people who were already speeding (or doing some other traffic violation) would not have done it if they'd known the officer was there. The fact that the driver couldn't see where the officer was set up unfortunately is not a defense to a traffic ticket. The fact that there usually aren't any officers in the area is also not a defense.

On the other hand, if you dispute the ticket, they have to prove that you were breaking the law. If the officer couldn't see you because of the lighting, the weather, his position, or something like that, you might be able to ask questions to discredit his testimony and try to establish doubt as to whether you were doing whatever it is that he said you were doing.

Good luck.

lucy7368, Lawyer
Category: Traffic Law
Positive Feedback: 95.8 %
Satisfied Customers: 15340
Experience: Lawyer. Former judicial law clerk. Worked for District Attorney's Office in Traffic Court.
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