Recieved a traffic ticket for NO reason.. How can I make the court believe me?
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Recieved a traffic ticket for NO reason.. How can I make the court believe me?
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I had went to a 10pm movie in New Rochelle at New Roc City in NY, after the movie I was dropping off a friend to Iona College when I was pulled over. As the officer proceeded to my vehicle he did not inform me of anything I had done wrong. The officer asked “What are you doing around here?” I assumed he asked me that question because it was midnight and I have Connecticut plates. I then explained to the officer I had gone to see a movie and was now dropping a friend off. The officer then took my drivers license, and registration. The officer then went back to his vehicle, when he returned he asked “So Christina have you ever been arrested?” I explained to the officer that I have never in my life been arrested and he followed up with “are you sure?” multiple times. After I assured him that I was positive he went back to his vehicle. At this point, two other police vehicles pulled up to where I had been pulled over. After a few minutes the officer came back to my vehicle and said “So Christina, you smoke a little marijuana?” I told the officer that his questioning was ridiculous and told him I do not smoke marijuana. Again he asked if I was sure, multiple times. He walked back to his vehicle and a SUV police vehicle pulled up, totaling 4 cars now behind me. The officer came back to my vehicle and notified me that there was a warrant out for my arrest, I told the officer that this was a mistake. The officer told me that there was a warrant out for a Christina Martinez in New York with a description that she is Hispanic with black hair. I asked the officer if he had a date of birth, address, drivers license number, etc for this Christina Martinez. The officer said he was waiting on the dispatcher to give him that information, and I told him that I would wait as long as I needed because I knew this was a mix up and the arrest warrant was not for me. Finally after another 10 minutes the officer walked back to my vehicle and said “Look, I don’t know if its you or not, but I’m going to let you go. I suggest you get that taken care of.” I then told the officer that it definitely was not me. I then asked him if this is something I had to worry about from now if I was out driving in New York because it was absurd and ridiculous. The officer then told me to wait, while he went back to his vehicle, then came back to mine with a ticket in hand. The ticket was for disobeying a traffic device, making a right on red. I was given a ticket for questioning the officer for mistaking me for someone else. Never once did the officer say he had pulled me over for making a right on red. I know that I did not make a right on red because in Connecticut you can make a right on red but I know that in New York you cannot.
Im sure the judge hears people who SWEAR day in and day out that they didnt run a red light etc, but I seriously didn't!
Additional Details
Beetle, He stopped me because I was in a bad neighborhood in New Rochelle, NY with CT plates @ night. Obviously, his first question was "WHAT are you doing around here" Oh well excuse me officer, didn't know that there were restrictions on places that I could go!
& El Scott, the warrant is NOT for me, it was for a person who had the same name as I who resided in New York State. I am a CONNECTICUT resident. And if it was REALLY me, do you think the cop would have let me go? No. It was NOT me and he knew it, that is why he let me go. I was NOT pulled over for making a right on red, because I did not do that. I KNOW that in New York you cannot do that.
This is the FULL story, I am NOT leaving anything out. & I did not have an ATTITUDE with the cop, I merely asked him if this was something I had to worry about everytime I was in the state of New York.
So Everyone please get the story straight first before you decide to answer. This is not a "guess what details are missing"
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|â–’â–’Kebert Xelaâ–’â–’|
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You know how sometimes, it's completely obvious that somebody isn't telling the whole story......
This is one of those times.
I'm with the Scott. Odds are, you turned right on red, had a huge attitude with the officer (which is understandable if your story is at all true up to this point) and he gave you a ticket.
You have to realize that there is no reason to get 3 other cars there for backup if he didn't honestly believe they were needed.
I'm sure it was inconvenient for you, but they were doing their jobs.
And if our (pretty educated) guesses are correct, you were a big enough pain that he gave in and gave you the citation.
Update:
You're having an attitude with us now. Maybe you don't realize that you are/were having an attitude..... |
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El Scott
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It is not illegal to ask an Officer a question. It is illegal to turn right on red at prohibited intersections, which is what you were cited for. You were not given a ticket for "no reason." I have stopped plenty of people with the intention of giving them a warning but their attitude was so bad that I decided to cite them for the violation instead because why give a warning to a person with a bad attitude? It's not like they're going to learn from the warning.
You do need to look into this warrant. If it is floating around out there then you could be arrested for it. If it belongs to you then turn yourself in and get it taken care of. If it doesn't belong to you or was issued for you by mistake then you need to get it taken care of. Call the Clerk of Court in the county holding the warrant and ask them what is going on with it.
It does not matter if four cars came to your traffic stop or the entire department showed up. There is nothing wrong with the number of Officers on a traffic stop. They obviously believed you were wanted and back-up arrived to help with the arrest. |
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Me
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Sounds like you were in a high crime / drug sales neighborhood. When an Officer sees a car, late night in that type of area with out of state plates it's usually an indicator that something's up. Buying drugs / conducting criminal activity may not have been the case with you, but just be aware that it was a "flag" for the Officer - your car now becomes "highlighted" in his eyes and any little thing, whether you noticed or not becomes a reason to investigate. You may have stopped and then continued without coming to a complete stop, here in CA it's called the "California roll". The Officer then has reason to stop you. Once stopped he can initiate a conversation with you to ascertain whether you're in the area and up to no good. As for the warrant, it may not have been you but it was someone in your general age range, possibly the same birthday, with the same name - it happens! He let you go because he was either satisfied it was not you or because it was not worth the paperwork to haul you in for a minor warrant, you'd be surprised to know that not all people with warrants are taken in. If it's a warrant for a low amount, usually the Officer will tell you like he did - to take care of it instead of dealing with the whole citation or booking process. He called other units for assistance so it doesn't seem that he was being shady. He gave you a citation in the end for what the initial reason for the stop was. If you truly feel wronged by him contact his department and initiate a complaint, they are bound by law to follow up on each and every complaint against an Officer. My advice though is to contact a court office in New York and speak to the clerk, you may have to appear in front of a Judge to get a "Judicial Clearance" - meaning that it goes on record that while there is a warrant for Christina Martinez with your birthdate, it is not you; you will also get a written notice to this fact that you can present if ever questioned about it by law enforcement. You should also do this in your home area just to make sure. As for the ticket, either pay it and go to traffic violator's school or contest it in court. From experience though most times you wind up having to pay anyways so you may just be out of luck, sorry.
Good luck to you! |
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Wall Fly
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So why did he stop you in the first place? I think you're going to have a hard time getting people to believe this. |
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Ray K
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When you go to court for the ticket, instead of pleading not guilty, ask to see the District Attorney. He is the one who decides what gets prosecuted and what doesn't. Tell him your story. If he stands behind the cop, then you can plead not guilty. All cruisers have dash cams in their cars and make him produce evidence to his allegation. |
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Adam
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You can submit a request for your discovery. In it make sure to ask for a copy of the officers video from the in dash camera of his car. If the front of his car was facing you when he claimed you turned right on red then it will be on video. Make sure you do it soon though because every state has different laws as to how long you have to request a discovery. Hope this helps.
Just a side note. If you feel the cop was harassing you then don't be scared to lodge a formal complaint against him. |
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nukehoop
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Court hearings come down to credibility. You sound very credible to me right now. Go to court, dress nicely and be yourself. Tell the judge exactly what happened. I have seen many witnesses trash a cop in court without trying to make the cop look bad. Your credibility will shine through loud and clear.
Do not be intimidated! The courts and judges are there to make sure the cops walk the straight and narrow. You have a right to question the system. |
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