Lawyer help needed

Larry_OHF · 09-04-2003, 09:58 PM

My poor wife got a ticket for accidently running a red light. She was sitting at the light, and the left turn light came on for the people next to her. When she saw green, she also went, though her light was still red! Noticing what she did, she of course had to keep going when she got half way under, for turning back was more dangerous.

Now, this is where it gets questionable.

An off-duty cop saw her and pulled her. He called it in to an on-duty cop. While waiting for the on-duty cop to get there, my wife explained what happened to the off-duty cop. He took her license and all just as though he was on-duty. When the new cop arrived, he stayed near his own car while the off-duty cop took the info to him and then came back with the ticket. Thus, my wife never got to talk to the "Man on duty".

Is this worthy of fighting? The off-duty cop told her that to go to trial would be to save her insurance from going up, and quoted her for the 25th of September.

I have quit my job to return to school, and Karen is still looking for a job. We do not have $110 to spend on the cost of court. Therefore, she was more than a litle upset when she came home.

Can anybody help?

Lord of Alcohol · 09-04-2003, 10:29 PM

Sounds like bullshit to me Larry. And I must say Mary Elizabeth sure is getting big [img]smile.gif[/img] I remember when she was just a little bitty thing [img]smile.gif[/img] Great pic Larry

Link · 09-05-2003, 03:06 AM

Larry; whether or not that cop was on duty, I think that your wife just made an error by driving through the red light. It's not worth it fighting these type of things.

SpiritWarrior · 09-05-2003, 03:14 AM

If it's a cop you have a slim chance of winning, mate. Usually in the government bodies they tend to cover each others backs. I'd try forget about it and move on if I were you. She still has her license right?

Deejax · 09-05-2003, 03:41 AM

In the netherlands it doesn't matter whether a cop is on or off duty. An off duty cop can arrest, fine or do whatever an on duty cop can do.

So, I think it won't do any good to takes this to court.

But it may be totally different in the States of course.

Zuvio · 09-05-2003, 07:11 AM

Trust me, there is no point in fighting this. Get a loan from friends to pay the fine and then go out to diner or see a movie, get your mind of things....

Firestormalpha · 09-05-2003, 09:16 AM

Hmmm... I'm not sure about how you feel where waiting for court is concerned. In opinion the fact that the cop issuing the ticket was off-duty essentially makes the ticket void. I'm not a legal expert in North Carolina though, so I can't be certain. 90% you can take it to court and the cop will never show and the case is thrown out along with the ticket. It's your call though. I'd say get some legal advice from a lawyer, but then it would end up being cheaper to pay the fine.

Kakero · 09-05-2003, 09:32 AM

just curious, do you know personally anybody who is an influential government people? They can be a big help to you.

Larry_OHF · 09-05-2003, 10:18 AM

The law is this. If the officer is not in uniform, then he cannot issue a ticket. The person that did issue the ticket never approached my wife, never spoke to her, and only issued the ticket through the plain-clothes cop. That should make it void.

MILAMBER · 09-05-2003, 04:49 PM

Why in the world did your wife pull over for an off duty cop? Was he in a squad car or something?

09-04-2003, 09:58 PM	#1
Larry_OHF Ironworks Moderator Join Date: March 1, 2001 Location: Midlands, South Carolina Age: 48 Posts: 14,759	My poor wife got a ticket for accidently running a red light. She was sitting at the light, and the left turn light came on for the people next to her. When she saw green, she also went, though her light was still red! Noticing what she did, she of course had to keep going when she got half way under, for turning back was more dangerous. Now, this is where it gets questionable. An off-duty cop saw her and pulled her. He called it in to an on-duty cop. While waiting for the on-duty cop to get there, my wife explained what happened to the off-duty cop. He took her license and all just as though he was on-duty. When the new cop arrived, he stayed near his own car while the off-duty cop took the info to him and then came back with the ticket. Thus, my wife never got to talk to the "Man on duty". Is this worthy of fighting? The off-duty cop told her that to go to trial would be to save her insurance from going up, and quoted her for the 25th of September. I have quit my job to return to school, and Karen is still looking for a job. We do not have $110 to spend on the cost of court. Therefore, she was more than a litle upset when she came home. Can anybody help? __________________

09-04-2003, 10:29 PM	#2
Lord of Alcohol Xanathar Thieves Guild Join Date: January 8, 2001 Location: Charlotte,NC Age: 60 Posts: 4,570	Sounds like bullshit to me Larry. And I must say Mary Elizabeth sure is getting big [img]smile.gif[/img] I remember when she was just a little bitty thing [img]smile.gif[/img] Great pic Larry __________________ No

09-05-2003, 03:14 AM	#4
SpiritWarrior Jack Burton Join Date: May 31, 2002 Location: Ireland Posts: 5,854	If it's a cop you have a slim chance of winning, mate. Usually in the government bodies they tend to cover each others backs. I'd try forget about it and move on if I were you. She still has her license right? __________________ Still I feel like a child when I look at the moon, maybe I grew up a little too soon...

09-05-2003, 03:41 AM	#5
Deejax Manshoon Join Date: November 15, 2002 Location: Amsterdam Age: 47 Posts: 248	In the netherlands it doesn't matter whether a cop is on or off duty. An off duty cop can arrest, fine or do whatever an on duty cop can do. So, I think it won't do any good to takes this to court. But it may be totally different in the States of course. __________________ <img border=\"0\" alt=\"[firedevil]\" title=\"\" src=\"graemlins/firedevil.gif\" /> Fire...

09-05-2003, 07:11 AM	#6
Zuvio Gold Dragon Join Date: May 19, 2002 Location: Blessed are those who are not.... Age: 42 Posts: 2,556	Trust me, there is no point in fighting this. Get a loan from friends to pay the fine and then go out to diner or see a movie, get your mind of things.... __________________ [img]\"http://img121.exs.cx/img121/4236/zuviodemonnoname2hf.gif\" alt=\" - \" />

09-05-2003, 03:06 AM	#3
Link Jack Burton Join Date: May 15, 2001 Location: The Netherlands Age: 39 Posts: 5,888	Larry; whether or not that cop was on duty, I think that your wife just made an error by driving through the red light. It's not worth it fighting these type of things.

09-05-2003, 09:16 AM	#7
Firestormalpha Knight of the Rose Join Date: July 11, 2002 Location: Coral Springs, Fl USA Age: 40 Posts: 4,454	Hmmm... I'm not sure about how you feel where waiting for court is concerned. In opinion the fact that the cop issuing the ticket was off-duty essentially makes the ticket void. I'm not a legal expert in North Carolina though, so I can't be certain. 90% you can take it to court and the cop will never show and the case is thrown out along with the ticket. It's your call though. I'd say get some legal advice from a lawyer, but then it would end up being cheaper to pay the fine. __________________ "When you start with a presupposition, it's hard to arrive at any other conclusion." "We are never to judge a philosophy by its abuse." - Augustine "If you're wondering if God has a sense of humor, consider the platypus." http://www.greaterthings.cbglades.com

09-05-2003, 09:32 AM	#8
Kakero 40th Level Warrior Join Date: March 24, 2002 Posts: 10,215	just curious, do you know personally anybody who is an influential government people? They can be a big help to you.

09-05-2003, 10:18 AM	#9
Larry_OHF Ironworks Moderator Join Date: March 1, 2001 Location: Midlands, South Carolina Age: 48 Posts: 14,759	The law is this. If the officer is not in uniform, then he cannot issue a ticket. The person that did issue the ticket never approached my wife, never spoke to her, and only issued the ticket through the plain-clothes cop. That should make it void. __________________

09-05-2003, 04:49 PM	#10
MILAMBER Lord Soth Join Date: March 5, 2001 Location: Southern California Posts: 1,948	Why in the world did your wife pull over for an off duty cop? Was he in a squad car or something? __________________ \"The object of war is not to die for your country but to make the other bastard die for his.\"<br />-General George Patton (1885-1945)<br /> <br />Member of CLAN HADB<br />Founder of The Anti Clan Coalition

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