Off Duty cop said he was sending ticket in mail...
#11
RE: Off Duty cop said he was sending ticket in mail...
a friend of mine in high school was headed to a grateful dead show, and they were sitting in traffic waiting to get into the venue, smoking a joint, when a fat guy on harley pulled up next to them..420 stuff all over the jacket and helmet, so they offered him a hit...he abruptly took out his badge, and arrested all of them...
#13
RE: Off Duty cop said he was sending ticket in mail...
To answer your question - a cop is a cop - off duty or not. On more fingers than I can count I had to enact police powers while in plain clothes - however I was never stupid enough to try to initiate a traffic stop or tell someone to pull over or threaten them because of a traffic infraction. If they were driving that badly and dangerously, then I contacted dispatch and had them get a car en-route and would keep in contact with the officer or dispatch (we had radios in our personal cars) until they initiated the stop... then I would write the ticket.
A few things are key here - while in most states proving identity of the operator is necessary in order to write a citation, there are some states (Illinois being one of them) where the responsibility of vehicle belongs to the registered owner. I think that is BS myself, but that is how they use tollway & red-light cameras in this state and get away with it.
I wouldn't worry about getting a ticket in the mail, and chances are it was just some wannabe anyhow. Most real officers wouldn't be stupid enough to pull a stunt like that - they would have called a car or uniformed officer to pull you over then cite you.
As far as the citizen's summons - yes - it can happen, but only if the complainant signs an affidavit. 99.9999999% of the courts in the US will not bother to waste their time in doing this for a traffic infraction because it boils down to a heresay issue. Without a witness to support the complaint or affidavit, you could contest it in your sleep claiming you were on the other side of town, or that this person was holding a grudge because you flipped them off for tailgating you... any judge worth his salt would have thrown it out right there, but to be honest - unless this was boredom-town podunk - the county clerk, magistrate or officer who took the complaint should have dismissed it on site.
A few things are key here - while in most states proving identity of the operator is necessary in order to write a citation, there are some states (Illinois being one of them) where the responsibility of vehicle belongs to the registered owner. I think that is BS myself, but that is how they use tollway & red-light cameras in this state and get away with it.
I wouldn't worry about getting a ticket in the mail, and chances are it was just some wannabe anyhow. Most real officers wouldn't be stupid enough to pull a stunt like that - they would have called a car or uniformed officer to pull you over then cite you.
As far as the citizen's summons - yes - it can happen, but only if the complainant signs an affidavit. 99.9999999% of the courts in the US will not bother to waste their time in doing this for a traffic infraction because it boils down to a heresay issue. Without a witness to support the complaint or affidavit, you could contest it in your sleep claiming you were on the other side of town, or that this person was holding a grudge because you flipped them off for tailgating you... any judge worth his salt would have thrown it out right there, but to be honest - unless this was boredom-town podunk - the county clerk, magistrate or officer who took the complaint should have dismissed it on site.
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