Ask A Cop!!! Post Your Questions Here!

[Thalassamania]

pass a new law, take one off the books, please, that is my hope. there comes a point when it all sounds like a good idea, but then enforcement problems dilute the really important laws (imo)

so..what does "dismissed *with prejudice*" mean? I received papers from court on a ticket my daughter apparently received. It appears she submitted a written statement, or something.

A Dismissal with Prejudice means that the charge may never be filed against the defendant again.

A Dismissal without Prejudice means that the charge may be refiled against the defendant in the future.

 

[northen diver]

I belong to many different forums (not just scuba ones), and I have several of these threads.
It's easy, simple and fun! So...

Go ahead, ask me any police/law enforcement related questions!

My background:
I'm a 31 year old police officer with 9+ years of experience. I also teach part-time (police acadamy, police science, advanced training, etc...). I work in SE Wisconsin, in a department that has about 100 sworn officers. Just finished 2005 with about 37,000 calls for service.
My disclaimer:
I'm not an attorney and this is for fun and informational purposes only. If you are in a situation that may require council, please seek an attorney.

OK, ASK AWAY!!!

I was riding my bike over the weekend. A city police officer pulled me over for SPEEDING. Yeah, I was doing 35 in a 25 area. He didnt ticket me, but just gave me a verbal warning. I played dumbed and said that I didnt know how fast I was going and that my batteires computer on my bike was dead. First, question, can he really give me a speeding ticket on a bicycle?. Second, question, if he can, would it go onto my driver license with points for speeding?. Third, if I didnt have a computer on my bike, how I would I know if I am speeding or not.

 

[Cacia]

A Dismissal with Prejudice means that the charge may never be filed against the defendant again.

A Dismissal without Prejudice means that the charge may be refiled against the defendant in the future.

Thanks! I would have never figured that out. Whats wrong with our system when educated people don't understand a thing the government says? You would THINK they would translate it into "what this means to you" when warrants and fines are involved, somewhere in the four pages they mailed me.

I recently got a letter from Customs that was incomprehensible also. I just threw it away, I have no idea what it was over--some package.

speeding ticket on a bicycle?.

unbelievable. I like cops myself, but what the heck is going on these days? Are we enforcing the easiest stuff for revenue? Is it the politicians? I can't see the police wanting to do this stuff, myself. I wish they would ticket these cats parking in the bike lanes on Kaleaneole highway that force me to get off my bike or force me to merge onto a busy highway where people are driving 60 mph. We kill like 40 pedestrians a year, go ticket that situation. ONE third are in the CROSSWALKS! --geez and we are giving out mandatory court appearance tickets for parking in an UNMARKED boat trailer stall in a wide open lot.

 

[TJcop]

I was riding my bike over the weekend. A city police officer pulled me over for SPEEDING. First, question, can he really give me a speeding ticket on a bicycle?

It depends on the laws in your area. I wouldn't be surprised if you can get a ticket for speeding on a bike. If you can get DWI while on your lawnmower, why not speeding on a bike!

Second, question, if he can, would it go onto my driver license with points for speeding?

Again, depends on your local laws. If it's a municipal ordinance violation (not a state traffic violation), then it wouldn't go on your driver's record. But, if it was an actual traffic citation, then it would go on.

Third, if I didnt have a computer on my bike, how I would I know if I am speeding or not.

Not knowing is not an excuse. When it comes to the law, ignorance is NOT bliss.

 

[moon]

What happens when a police officer writes a ticket with the wrong information about t he driver? (i.e. color of eyes or hair)

Can you get off on the ticket with that wrong info? I'm just curious.

 

[RonDawg]

What happens when a police officer writes a ticket with the wrong information about t he driver? (i.e. color of eyes or hair)

Can you get off on the ticket with that wrong info? I'm just curious.

Depends on the judge. If you can show that there are enough errors on the citation to cast doubt that it was you that was cited, and/or cast doubt on the officer's credibility, yes it can be cause for dismissal.

Hair color can be easily changed, and with the advent of colored contacts so can eye color, so you'd probably need more than that to get a dismissal.

 

[RonDawg]

unbelievable. I like cops myself, but what the heck is going on these days? Are we enforcing the easiest stuff for revenue? Is it the politicians? I can't see the police wanting to do this stuff, myself. I wish they would ticket these cats parking in the bike lanes on Kaleaneole highway that force me to get off my bike or force me to merge onto a busy highway where people are driving 60 mph. We kill like 40 pedestrians a year, go ticket that situation. ONE third are in the CROSSWALKS! --geez and we are giving out mandatory court appearance tickets for parking in an UNMARKED boat trailer stall in a wide open lot.

Chances are the reason the person who was pulled over for speeding on his bike was probably doing other things as well to attract the officer's attention.

As far as ticketing in other situations, we write for those too, and get another whiny response: "Why don't you go bust some REAL criminals?"

Everybody wants strict enforcement, as long as THEY don't get caught up in it as well. Then all of a sudden the police are abusing their powers.

 

[northen diver]

Chances are the reason the person who was pulled over for speeding on his bike was probably doing other things as well to attract the officer's attention.

As far as ticketing in other situations, we write for those too, and get another whiny response: "Why don't you go bust some REAL criminals?"

Everybody wants strict enforcement, as long as THEY don't get caught up in it as well. Then all of a sudden the police are abusing their powers.

I am 45 y/o. I take this way everyday to and from work. I didnt have a beer in my hand, wasnt weaving, riding within 2 feet of the shoulder, had a helment on (not a law). The police officer was very proffesional and curtious. He didnt come off threating as in he is going to ticket me, just letting me know that I was speeding and I need to slow down or he can ticket me for speeding. I didnt ask a whole lot of questions, for I didnt want to come across as challanging him.






















Maybe it was my tatoo on my buttocks that he didnt like. But (no pun intended), he never said anything about me being nude on my bike........




















Just kidding about the nude part

 

[The Mighty Thor]

Depends on the judge. If you can show that there are enough errors on the citation to cast doubt that it was you that was cited, and/or cast doubt on the officer's credibility, yes it can be cause for dismissal.

Hair color can be easily changed, and with the advent of colored contacts so can eye color, so you'd probably need more than that to get a dismissal.

Usually, minor mistakes on a citation are not enough to get it dismissed. Most states distinguish between these types of errors and will only dismiss a case if the error amounts to a "fatal variance." In other words, the charging document (citation, indictment, etc., ) varies so significantly from the evidence, that a person would not have a fair opportunity to know what he is actually being charged with, in order to defend himself. Even the date or the time can be incorrect, in some states, and still not mean the case is going to be dismissed by operation of law, however as RonDAwg states, it may place some doubt on the officers credibilty.

 

[TJcop]

What happens when a police officer writes a ticket with the wrong information about t he driver? (i.e. color of eyes or hair)

Can you get off on the ticket with that wrong info? I'm just curious.

This comes up all the time. People think that a misspelled name or wrong hair color voids the ticket. It doesn't. And, even if a judge tosses it, it can be re-issued.

The most common error is the officer writing the citation and citing the wrong statute number on it. In that case, the ticket is dismissed and the officer will issue another citation for the correct violation before the defendant leaves court. No big deal. We're human too!