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P. Simmons
P. Simmons, Attorney
Category: Traffic Law
Satisfied Customers: 33101
Experience:  12+ yrs. of legal experience.
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I was pulled over at night early morning by a cop that

Customer Question

I was pulled over at night early morning by a cop that claimed I drifted over lane. He was rude the entire time. He asked for my insurance and Id then told me I was free to go without a ticket. I asked the officer for his name and badge # ***** got upset and said am I questioning his authority to give my i.d. back and put his info on the ticket. I have a ticket for marked lanes. I was not drunk or impaired and do not recall crossing any lane till it was time for me to merge over. I
reported this officer to his superior and he was written up for his rude attitude. The lieutenant said he understood why I was upset and that I behaved professionally. He looked at the dash can for me and he said my back tire went over the white divider line on highway then I corrected it. What is a good defense for this to get this ticket dismissed? I don't believe he had enough cause to pull me over.
Submitted: 11 months ago.
Category: Traffic Law
Expert:  P. Simmons replied 11 months ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

I am sorry for this dilemma.

I agree that the cop was unprofessional. But generally that is not enough, in and of itself, to cause the ticket to be dismissed.

The standard that is used used to allow a cop to pull someone over is referred to as "probable cause"

This simply means that there is some evidence that COULD allow a reasonable person to believe an infraction had occurred.

It is a very low standard...if there is video evidence of your car drifting out of the lane? That will constitute probable cause.

So focusing on "lack of probable case", frankly, may not be the best way to proceed.

Perhaps better to focus on the cops unprofessional attitude...frankly, I would bet the judge is more likely to cut you a break over that then an argument that there was no legal right to pull you over (since, what you are describing, there was probable cause)

Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.

Customer: replied 11 months ago.
I requested public records for the dashcam but they told me I cannot get it until I have been arraigned. I wanted to see if my car actually drifted over the lane. Also, in Ohio, the statue of R.C.4511.33 says that a car should drive within its lane or line as practicable as possible. I was within my lane and even if my car did slightly touch the marked line but didn't cross over wouldn't that be enough reason to have the ticket dismissed?Also, if the officer originally said I was free to go doesn't that the traffic stop is over and I cannot be charged or ticketed once he dismissed me? He got upset because I asked for his badge # ***** retaliated by writing me a ticket although the original stop for marked lanes was over when he said I was free to go. Is that legal to write a ticket after for going back on his word?
Expert:  P. Simmons replied 11 months ago.

The cop can write a ticket if there was evidence of a violation of the law. Even if they initially promised not to write a ticket and even if you were "free to go".

I do agree that this very minor "crossing" the line, when combined with the cops unprofessional demeanor, may be enough to get the judge to rule in your favor.

Customer: replied 11 months ago.
Oh yes, I also want to mention this cop was originally on parked on the onramp and I was the only car that passed him alone, then as other cars approached, this officer pulled from his patrolled area and ''tried'' to blend in with the other vechiles, but I saw when he pulled away, I was about 1/2 away by then, then he started followed me and as the other cars started to exit and I saw him following me and I wasn't pulled over till I actually merged over because the lane was starting to end and then I was finally pulled over when I approached city limits of another city on the highway with the new city exit signs directly infront of me. I believe I was profiled because it was night and I was driving a new car and he pulled away from his the on ramp where he was sitting to follow me where he claimed I drifted a mile later and didn't pull me over till another 1 1/2 when I got to the city limits.
Expert:  P. Simmons replied 11 months ago.

Sorry...was that a question?

Customer: replied 11 months ago.
Okay thanks. So you are saying to admit guilt about crossing the line and just tell the judge about the officers behavior?
Expert:  P. Simmons replied 11 months ago.

Yes. That is what I would do.

Please rate my answer, as that is the only way I can receive credit here.

thank you

Customer: replied 11 months ago.
The question was if a cop is parked on a on-ramp is he legally allowed to follow a driver that didn't violate any moving violation at the time he followed them? He said I didn't drift till 1 mile after I had originally passed him. By the time he had his lights on I was already in a different city. This was city police not a State trooper
Expert:  P. Simmons replied 11 months ago.

Yes, the police can follow a driver for no reason at all. And can pull over for probable cause.

Again, I would greatly appreciate if you would rate the answer. I see you have used this service for some time...but it seems you have a history of not providing ratings.

Customer: replied 11 months ago.
I appreciate your fast response but I disagree with admitting guilt to the judge because I have not seen the dashcam video of my car actually going over the marked lane. Even if my tire touched the marked lane but didn't cross it, it still doesn't violate the marked lanes law according to the Statute code of 4511.33A
Expert:  P. Simmons replied 11 months ago.

Sorry for the confusion...I am not suggesting you plea guilty. Quite the opposite. I would plea not guilty.

Customer: replied 11 months ago.
If I admitted guilt that would means points on my license and insurance going up. I can't admit guilt because I truly don't believe I crossed it and I can't take the officers word, especially after my unpleasant encounter with him.
Expert:  P. Simmons replied 11 months ago.

Again, I would not admit guilt. I would use the unprofessional attitude you experienced combined with the slight evidence against you to argue that there is not a basis to find guilt

Customer: replied 11 months ago.
Ok.... What would be some defense questions to cross examine the officer?
Expert:  P. Simmons replied 11 months ago.

Hi. I would appreciate if you would rate the answer.
I do not get credit unless or until you do so.

If you would be so kind as to rate, I will be happy to answer your follow on question

Customer: replied 11 months ago.
I asked the question originally about a good defense
Customer: replied 11 months ago.
Ok I guess you aren't interested in finishing, I see that you referred me to another lawyer - sorry.

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