WTF??? How long did they take it away for? That is ridiculous!

 

My cousin had this happen to him, he went to court and fought the ticket saying that he tried to move over but the other driver kept harassing him (the cop). The judge said he hated when cops did that b/c the cop is putting you at danger riding up on your tail and stuff, of course you're naturally going to speed up b/c you're afraid he's too close. So he threw the ticket out. Not saying it's going to happen with you b/c every judge is different but some do understand.

 

thats some BS... i've been pulled over twice on the same street... going double the speed limit.. in a school zone first time 50 in 25, 2nd time 47 in 25... got tickets.. BIG, FAT tickets!

 

That would be a 7 figure lawsuit at least!!!

 

Thanks everyone on your thoughts...i guess i'll check out that online class..

 

This is the point that I would make.

 

Sounds like profiling and entrapment to me. I would fight it on the grounds of the reason you were singled out is the type of car you were driving and the reason you pulled away is because you were fearful of him causing an accident by hitting you and you weren't sure if he was drunk or what so you thought it was safer to put some distance in-between you and him. To help even further request a delay to postpone the trial. Then request a jury trial which will put it off even more. Then if the cop doesn't show up you should win. If not perhaps the jury will understand your side better than a judge. Good luck.

 

Apparantly they can keep it quite a while if the traffic violation stretches into litigation. They only had mine a couple of days before I went to the police station and politely insisted that I get it back.

I'm not sure, but I think they use it as some kind of 'bail' on you in order to get the ticket resolved quickly.

I wonder if they can hold out of state liscenses. That would totally suck. You're driving through some state and they take your ID. You're suddenly trapped with no proof of identity.

d

 

That is crazy, i have never heard of them taking your license.!!!

 

yea man get a lawyer... there's got to be something illegal about what the cop did.

 

Seriously.

 

That seems like a great argument... in fact, that's what I'd actually do if I really thought someone was harassing me, racing or not... God, what a pain in the *** people are on the roads

 

yea cops around chicago region are asses...i wudnt recommend driving fast on the expressways as they have camaros and mustangs. on 290 they have a white mustang completely tinted going back and forth...its crazy...but in ur case...he started the race as he "tailgated" you and as glgz said u can tell the judge that you were scared of being involved in an accident so u sped up to lose the guy and move into another lane as he followed u...and also mention that u have an "import" and its really expensive and hard to get fixed once its damaged and loses value after accident

 

down with the man!!!!!!!!
man i am so mad and it didnt even happen to me

 

Right from dictionary.com: NOTE: Entrapment is available as a defense only when an agent of the state or federal government has provided the encouragement or inducement. This defense is sometimes allowed in administrative proceedings (as for the revocation of a license to practice medicine) as well as criminal proceedings. In order to establish entrapment, the defendant has the burden of proving either that he or she would not have committed the crime but for the undue persuasion or fraud of the government agent, or that the encouragement was such that it created a risk that persons not inclined to commit the crime would commit it, depending on the jurisdiction. When entrapment is pleaded, evidence (as character evidence) regarding the defendant that might otherwise have been excluded is allowed to be admitted.


The key words there are encouragement and inducement. By the officer pacing the evo, he is technically not encouraging the evo driver to take off. The officer yelling at the guy with the evo, "Go on, show me what you got, lets go" That has more of a chance as being classified as entrapment. These cases happen all the time, and 9/10 times its the officers word vs yours, so good luck. Be very careful when reading that note before placing any replies in regards to it. Dont let the words play you a fool. For example, the "undue" persuasion part. It's all about technicality as I said earlier today, 9/10 people will say the officer entrapped the person. I guess I can see how in some cases it was thrown out, especially in the hands of a good defense lawyer, however it is not common. There are also numerous other ways in handling the situation of being paced or attempted to be street raced other than downshifting and taking off away from them. That can be considered reckless driving and make the situation a lot worse. You can pull off to the side of the road and call the police and report the vehicle, you can also slow down and just let them pass you, and then go back to normal driving. I cant say I wouldnt of done the same if I were in your shoes, because I probably would of, however, I wouldn't claim the "entrapment clause" as my defense for my actions. I would just try to get good defense and fight it off or take it in the chin.