• Protip: Profile posts are public! Use Conversations to message other members privately. Everyone can see the content of a profile post.

Can you get a speeding ticket even if you are not in your car?

baynsac

baynsac

Guest
Joined
21 October 2005
Messages
1,820
Location
Home of the Free
Can you get a speeding ticket even if you are not in your car?:mad:
My exhaust is loud, and I steped on it reving it high from light to light. When I got the the next stop light it turned red. I saw a cop on the right of me parked and 2 on the left of me across the street. I figured pull over and grab a taco as that was a close call and they will probably follow me. So I pull over and park my car than walk 2 blocks to the taco spot. As I am walking in the restaurant; the cops pull up behind me and call me out. I ask them whats the problem, they say they are looking for someone and I need to identify myself. I tell them who I am and they ask me for an ID. I tell them I m not driving so I dont have one on me. They ask me who drove me here, and I tell them my wife. HE than says I was drinking so I need to be checked. I tell them they can give me a breathalizer as I havent drank anything but water today. But that was just an excuse for them to get my id, I didnt drink or even smell or look like Ive been drinking.
They serach me, take my keys out my pocket and ask me where my car is. I tell them thats my wifes keys and she drove me here. They tell me to take them to my car, I tell them all I want is my tacos so hurry up with thier questions and leave me alone. lol
One of the 3 officers says hey I will take your keys and find your car myself. He comes back and says he found my car, lol, it was an Acura TL.
I tell them its not my or my wifes car. Than another officer takes the keys and goes and finds my nsx 2 blocks over. Than the other 2 officers make me go to the car and open my door search my car find nitrous and write me a ticket for speeding and to see the state referee for having nitrous in my trunk.
Can they give me a ticket when I am not in the car? and than search my car with no consent? than ticket me for it, when they werent even sure if I had a acura tl and or acura nsx?
This has to be illegal.
How can i get a speeding ticket when the cops where in front of me and how can they give me a ticket 20 mins later while I am in a restaurant??
 
Last edited:
Well, this is certainly an interesting situation. Was it legal? Probably but was it ethical? No. The fact is you should have never given them your keys to your car. It doesn't matter if they think you were driving under the influence, they can't just take stuff from you because they are the police. The way they wrote the ticket says they were in a bad mood and decided to F with you. I have a few attorney friends and asked them some quesitons about what is legal and not legal regarding police actions.

Here is what you could have done. Take the breathalizer test when offered. After you pass they now have no probable cause to think you were DUI. If they ask for you keys you can now say,"I respectfully decline this." They can't force you to hand them your keys. The story is interesting because they went out of their way to write up a lame ticket. How is having NOS illegal anyway?

As I read your story again. Here is the key part of it.

I tell them thats my wifes keys and she drove me here. They tell me to take them to my car, I tell them all I want is my tacos so hurry up with thier questions and leave me alone. lol
One of the 3 officers says hey I will take your keys and find your car myself.

You don't have to give them your keys and you don't have to bring then to your car. That is BS on their part and they worked you into allowing them to write you a ticket.

What did you say to them when they started to write your ticket? This is pretty weird to say the least. What city is this in?
 
Last edited:
Wow, they violated your rights big time. Why did you give them all of the information? Unless they had probable cause that you were drinking never give in to a breathalizer. Besides, you weren't even in your car. Furthermore, to give them your keys and allow them to do a search is not a good idea. Unless you were being detained and they had suspicion that you had something illegal, they duped you into an illegal search. Next time don't say anything and ask if you are being detained. If they say yes, ask for a supervisor and then ask to call an attorney. This is complete BS.
 
Last edited:
Man, you should have just said nothing! You should have taken the DUI test just to prove your not drunk then been on your way. With a passed DUI test out of the way, there is no reason for them to get into your car...and if they ask you say no.

So you got a speeding ticket? What does the ticket say? What did the cops say when they issued the ticket?
 
Wow! Cops gone wild! I go to court for that one. Write everything down so you don't forget anything.
 
Sounds like harassment to me. Best thing to do is try to find witnesses to help corroborate your story. Its your word against theirs now.
 
A good attorney will take this to the front section of the local newspaper. Most cops are now openly rogue and should not get away with this stuff. Their open warfare is not just with criminals and gangs but with the rest of us, law-abiding citizens. The good old cops who "serve" commiunities are a thing of the past.
 
Last edited:
Perhaps I am reading the OP differently, so let me ask some clarification without making any judgments yet. Just stating the facts as you presented them.

1) You did state that your exhaust is loud right?
2) You did state that you revved it between lights (presumably more than one interval) right?
3) If 1 and 2 are correct, you publicly stated on this forum that you did something that potentially is in violation of some motor vehicle law - I believe you pretty much agreed/confessed to this in your third sentence from the top; right?
4) There is a good chance that someone may have called the cops to report your revving between the lights or another cop was already witnessing this at a previous intersection. Is this possible?
5) Even if 4 is not the case, why did you state "I figured pull over and grab a taco as that was a close call and they will probably follow me." ?
6) As the cops approached you - still can't figure the 2 blocks away Taco comment if you just pulled over ...... you then knowingly "fibbed" when asked questions regarding whether you were driving or not. Right?

Now, I agree that the cops taking your keys without your consent may be a "legal" matter based on some probable cause if indeed they didn't hear or receive a report of your actions ..... but surely they must have had some suspicion to approach you specifically; right? The question is why and they only can disclose that in the court - and may use your OP.

And then they find your NSX with your keys - which you stated was your wife's car keys; right?

I would say you are lucky if you got away with some NOS ticket rather than willfully lying to police officer ..... but then again, I am not attorney but I have stayed at Holiday Inn occasionally :wink:
 
Hrant said:
Perhaps I am reading the OP differently, so let me ask .......

I would say you are lucky if you got away with some NOS ticket rather than willfully lying to police officer ..... but then again, I am not attorney but I have stayed at Holiday Inn occasionally :wink:
Click to expand...

:eek: I agree, can't believe they didn't arrest you for that one....don't think a judge would like your story to much either...pay the ticket and be glad thats all you got..
 
Let me clear some of the questions.
The cop came to me acting as he was looking for someone named phillip. I told them thats not me. They say can you identity your self. I tell them yes and give them my driver lic number and soc security number and my birthdate. They tell me its not enough. I ask them whats this regarding. They tell me they cant say but I m suspicous of drinking and driving. I tell them no thats not possible as I have drank nothing but water today and just came from a adult basketball league game. I say also if it will help move this along quicker I will even do a breathalizer. They didnt want to do that either just kept asking for where my car is and to take them to it. I tell them am I being detained. If so I would like to remain silent till I speak to an attorney. They say why hiding something. I tell them no I just know my rights and will excersice them. He than says turn around and searches me and finds keys in my pocket. But he doesnt take them yet. After he finishes searches me, I take out my phone as I m trying to call my attorney. I tell them I need to call an attorney as its allready been 20-30 mins and this is not going anywhere and the cops are just harrasing me. He takes my phone away, I tell him he can't do that. Than he takes my keys away and says I will go look for it my self. To an NSX parked 2 blocks away. This whole time my wife is sitting inside the restaurant emmbarraced waiting for me to come in. He finds the car 2 blocks away. I tell them great, what does that mean I wasn't driving. They ask me to walk to it on my own. I tell them no I am not going anywhere. They put me in the cop car take me thier make me go to the nsx and search my car without any consent. and find the nitrous and write me a speeding ticket. I wasnt speeding at the most I had a loud exhaust. When I stepped on it at the light I let go right away as I saw some police cars in the area a block ahead.

PS- I forgot to mention they kept asking me lot of stupid questions just so I can admit what I was really doing and I just choose to not answer the dumb questions but they kept asking it anyway. They talked to me for 30 mins before they took me to my car.
 
Last edited:
I didnt give them my keys they took them. And I didn;t take them to the nsx; they told me they found it and took me in the back of the police car even though I refused to go.



VegasSpeed said:
Well, this is certainly an interesting situation. Was it legal? Probably but was it ethical? No. The fact is you should have never given them your keys to your car. It doesn't matter if they think you were driving under the influence, they can't just take stuff from you because they are the police. The way they wrote the ticket says they were in a bad mood and decided to F with you. I have a few attorney friends and asked them some quesitons about what is legal and not legal regarding police actions.

Here is what you could have done. Take the breathalizer test when offered. After you pass they now have no probable cause to think you were DUI. If they ask for you keys you can now say,"I respectfully decline this." They can't force you to hand them your keys. The story is interesting because they went out of their way to write up a lame ticket. How is having NOS illegal anyway?

As I read your story again. Here is the key part of it.

I tell them thats my wifes keys and she drove me here. They tell me to take them to my car, I tell them all I want is my tacos so hurry up with thier questions and leave me alone. lol
One of the 3 officers says hey I will take your keys and find your car myself.

You don't have to give them your keys and you don't have to bring then to your car. That is BS on their part and they worked you into allowing them to write you a ticket.

What did you say to them when they started to write your ticket? This is pretty weird to say the least. What city is this in?
Click to expand...
 
My point it whos to say my wife was driving the car or not?
They werent even sure which car I had. Because one of the officers who first said he found my car they walked me to an Acura TL 4 door. They didnt even see me do anything and that proves it or they would never mistaken a 2 door nsx for 4 door acura tl...

Can they come to your house today and say Sir you were speeding yesterday I saw you, or Sir you were speeding by the mall and a citizen called it in here is your ticket and while I am here let me search your car as well...
Its the same thing they did to me, they didnt wait a day but almost 30 mins and came to the restaurant I was at, where the car wasnt even present. Who is to say my friend wasnt driving, etc, etc..
 
You told them lie after lie. What was the purpose in that? You're lucky they didn't make up some excuse to keep you in jail overnight.

Anyway, no sympathy from me even if they did overstep their authority. Liars suck.
 
This is interesting because the ticket I just won (mentioned earlier in this thread) was won because the cop did not have continuous visual contact with the alleged speeder for about 12-15 seconds while he drove in the opposite direction and made a U turn to follow him. Most judges will insist on cops having uniterrupted visual contact with their "victims" from the time of the alleged infraction to the actual "arrest". If not, the "mistaken identity" becomes a valid argument.
Regardless of all this, if what you report in your above posting can be corraborated by a witness or any other valid means, you, my friend stand to make the News. And just as importantly, the "holier-than-thou", "finger waving" Primers on this thread will owe you an apology.
 
baynsac said:
I didnt give them my keys they took them. And I didn;t take them to the nsx; they told me they found it and took me in the back of the police car even though I refused to go.
Click to expand...


did they cuff you? other than the fact that your story probably sounded so incredibly absurd that the police suspected you of doing something highly illegal you didn't deserve the speeding ticket if you weren't speeding. However, if they didn't cuff you and you weren't under arrest I don't understand how they got you in the back of the police car if you refused to go.

They knew you were driving if they looked for your car in such close proximity. or at least, they strongly suspected it.

Not trying to be holier-than-thou, but I cannot believe they didn't charge you with something. If you talked to the police for thirty minutes, how many times did you contradict yourself, change your story, or something?

I want to understand the why of this situation, but I wasn't there and probably won't ever get the whole picture.
 
baynsac said:
Let me clear some of the questions.
The cop came to me acting as he was looking for someone named phillip. I told them thats not me. They say can you identity your self. I tell them yes and give them my driver lic number and soc security number and my birthdate. They tell me its not enough.
Click to expand...

In your first post you stated the following:

I tell them who I am and they ask me for an ID. I tell them I m not driving so I dont have one on me.
Click to expand...

So you first told them you didn't have it then said you did and gave them your social security card as well. :confused:

A lot of this sounds odd. I think the cops were flashing their muscle but the further the story goes the more you would seem to raise their suspicion. I am not sure if it would stand but why all the lies?
 
Phillip Ontakos? I believe you but that doesn't help you. Good luck.

So the OP lied. I doubt lying is a crime.
 
Last edited:
bboxer said:
This is interesting because the ticket I just won (mentioned earlier in this thread) was won because the cop did not have continuous visual contact with the alleged speeder for about 12-15 seconds while he drove in the opposite direction and made a U turn to follow him. Most judges will insist on cops having uniterrupted visual contact with their "victims" from the time of the alleged infraction to the actual "arrest". If not, the "mistaken identity" becomes a valid argument.
Regardless of all this, if what you report in your above posting can be corraborated by a witness or any other valid means, you, my friend stand to make the News. And just as importantly, the "holier-than-thou", "finger waving" Primers on this thread will owe you an apology.
Click to expand...

Were you speeding when the cop turned around to pursue you?
 
You were willing to lie to the police, which is a crime that carries jail time... why should we believe for a second that you're telling us the truth about what happened?

Shut up, pay the ticket, and be glad you're not behind bars.
 
If the cops actually saw him in the car and they ran the plates, wouldn't the car come back registered to him? If so, they would have known who they were looking for and wouldn't have had to detain him. I agree that this story seems fishy and the OP may have lied, but does that still allow for his rights to be violated?
 

Similar threads

B
Hello From a New Member!
Replies
9
Views
200
Bigfieroman
B
D
Her name is Natasha
Replies
9
Views
374
nis350
N
C
Any suggestions on where to take my 91 for timing belt, water pump replacement in/around Buffalo, NY.
Replies
8
Views
267
Ctnewman
C
Wild Turkey
Is your driving (NA & NC) being secretly tracked by your phone apps for insurance companies?
Replies
2
Views
56
fastfwd
fastfwd
CPS996
Resurrecting a 91 w/32,000 miles on thats been in storage for 15 years.
Replies
8
Views
653
drew
drew
Back
Top