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Law Enforcement type help

Hockey JohnstonHockey Johnston Registered User regular
edited September 2010 in Help / Advice Forum
My gf did a dumb thing today: during AM rush hour, she let herself be in the middle of a busy intersection when the light changed. A cop (on foot) came up and rapped loudly on her window, yelling at her to pull over to the right.

By this time, she had room in front of her. By all accounts she yelled 'fuck you' (I know...) and took off down the road. Made it to work without incident. Whether or not he got her plate or bothered to do anything about is up for debate. He was clearly unhappy with her.

So, leaving aside the obvious criticism of her behavior, we're left with a problem. How can I find out if she has a warrant without waltzing into the precinct and asking? Should we run a background check on her through the internet? Is that going to have up-to-date information, as the whole thing happened less than 8 hours ago. If you go to get your driving record from the DMV, is that guaranteed to be up to date?

Anybody with some knowledge that might be helpful -- I'm all ears. Thanks in advance.

Hockey Johnston on
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    EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited September 2010
    Oh, I'm sure she'll find out without you having to look.

    Esh on
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    Hockey JohnstonHockey Johnston Registered User regular
    edited September 2010
    Ideally we'd like to find out *before* her incarceration. If there's a warrant, maybe it's lawyer time.

    Hockey Johnston on
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    EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited September 2010
    Ideally we'd like to find out *before* her incarceration. If there's a warrant, maybe it's lawyer time.

    I'd imagine you should just call or stop in. Honestly, she's going to need to confront it sooner or later. No time like the present.

    Esh on
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    Hockey JohnstonHockey Johnston Registered User regular
    edited September 2010
    I guess I should clarify: if there is a warrant, my understanding is that it would be better to negotiate turning yourself in through a lawyer.

    Hockey Johnston on
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    Mr BlondeMr Blonde Registered User regular
    edited September 2010
    Well, she can go to a police station and they'll be happy to check for her. Of course, if she does have one, she'd be arrested on the spot.

    If she would like to avoid being arrested, she can hire a criminal defense attorney to check (should be flat rate and not too expensive), or go to the local court house where said incidence occurred and ask the court clerk to check. She likely would avoid arrest there.

    /Not an attorney

    Mr Blonde on
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    bowenbowen How you doin'? Registered User regular
    edited September 2010
    I doubt there's a warrant. Two tickets, probably, so, I'd call and ask about that.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    kaliyamakaliyama Left to find less-moderated fora Registered User regular
    edited September 2010
    I'd hire an attorney and get advice. I'm really surprised that the guy didn't just put on his lights and chase her then.

    kaliyama on
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    BoomShakeBoomShake The Engineer Columbia, MDRegistered User regular
    edited September 2010
    Wasn't there a thread recently about outstanding parking tickets and whatnot where the prime advice was to call (I forget whether it was law enforcement or the DMV) and ask if there were any outstanding tickets, etc. on licence plate number X? I'd assume that would still be applicable here.

    BoomShake on
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    bowenbowen How you doin'? Registered User regular
    edited September 2010
    By the sounds of it the cop was probably a foot cop. My guess is at worst if he was having a bad day he jotted down the plates and wrote some tickets when he got back. At best he probably just shrugged and went on doing typical cop things.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    edited September 2010
    I guess it may depend on where you live, but around here (the boonies) they update the warrant lists and put them online for all the world to see. Call the police (*67 or from a pay phone if you're paranoid) and ask if they do this.

    If it's a ticket you will get notified in person or by mail.

    joshofalltrades on
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    SliderSlider Registered User regular
    edited September 2010
    Why don't you wait?

    Slider on
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    Hockey JohnstonHockey Johnston Registered User regular
    edited September 2010
    Mystery solved -- a very angry officer at our door said he was leaving 3 tickets for her to pick up. Court date, etc.

    God. She's such an idiot. At least it doesn't seem like jail time, though I wonder if she'll get a suspension.

    Hockey Johnston on
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    bowenbowen How you doin'? Registered User regular
    edited September 2010
    Three? Wow.

    Blocking Traffic, failure to pull over, leaving the scene?

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    kaliyamakaliyama Left to find less-moderated fora Registered User regular
    edited September 2010
    bowen wrote: »
    Three? Wow.

    Blocking Traffic, failure to pull over, leaving the scene?

    Leaving the scene??? The scene of what? There was no accident. And she did pull over, she just left.

    There should be one for blocking traffic. What she did was evade arrest or detention, which is at least a misdemeanor depending on your jurisdiction. I'd be more psyched she's not facing jail time. Let us know what the tickets are for, too.

    kaliyama on
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    bowenbowen How you doin'? Registered User regular
    edited September 2010
    Yeah the most I could see is two, followed by a "You made me find you, bitch" ticket, otherwise known as the "doing my job" ticket.

    bowen on
    not a doctor, not a lawyer, examples I use may not be fully researched so don't take out of context plz, don't @ me
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    joshofalltradesjoshofalltrades Class Traitor Smoke-filled roomRegistered User regular
    edited September 2010
    Honestly at this point I wouldn't even bother with a lawyer. Your girlfriend is guilty as sin, as it were, and I doubt that the cost of getting counsel will be lower than the cost of her getting dressed up and begging/pleading for lenience. If she's looking at suspension or higher, it may still be worth a lawyer to see if she can try and keep her license active.

    IANAL

    joshofalltrades on
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    VisionOfClarityVisionOfClarity Registered User regular
    edited September 2010
    Something I found on a forum so it isn't gold but it makes a good point:
    In the act of fleeing, the violator is probably going to commit other traffic violations as well. Unlawful Speed, Improper Lane Change/Usage,Reckless Driving, etc.

    So that could explain a third ticket. She's lucky she wasn't arrested for taking off when the officer said pull over.

    VisionOfClarity on
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    OnTheLastCastleOnTheLastCastle let's keep it haimish for the peripatetic Registered User regular
    edited September 2010
    I've spent the past 15 or so minutes reading up on various fleeing from the police statutes. It seems like she didn't break what all of them I found define it as (excessive speed, reckless endangerment, suspicion of DUI are primary concerns).

    I don't know your state and IANAL though. We've established fleeing was a bad idea, but it doesn't sound like she's going to get hit up with a class D felony for it!.

    Lawyers may do free consultations. I'd look into that first. If it's just fines from misdemeanors, ... would those affect insurance? That'd be my second concern after suspension.

    OnTheLastCastle on
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    OnTheLastCastleOnTheLastCastle let's keep it haimish for the peripatetic Registered User regular
    edited September 2010
    Something I found on a forum so it isn't gold but it makes a good point:
    In the act of fleeing, the violator is probably going to commit other traffic violations as well. Unlawful Speed, Improper Lane Change/Usage,Reckless Driving, etc.

    So that could explain a third ticket. She's lucky she wasn't arrested for taking off when the officer said pull over.

    Changing lanes in the middle of an intersection is illegal so that is probably one.

    OnTheLastCastle on
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    ZeonZeon Registered User regular
    edited September 2010
    Well, fleeing from a police officer is a crime (and it is fleeing if they tell you to pull over (either waving you, telling you, or lighting you up)). So theres probably a ticket for that. Its most likely worded as "Failure to stop" or "Failure to obey a peace officer" or something like that. Then theyll be a ticket for running a red light. And then probably a ticket for obstructing traffic or something.

    I find it weird that you cant be in the middle of an intersection when a light changes though. Here, you get leeway on that, and its actually accepted that after the light turns red the next 2 cars are allowed to proceed to turn left. There is actually a delay in the cross traffics light turning green to allow for this.

    Zeon on
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    GihgehlsGihgehls Registered User regular
    edited September 2010
    If some crazy guy rapped on my window and told me to pull over, I probably wouldn't either. She could fess up that what she did was wrong, and perhaps mitigate it somewhat by saying she was unsure if he had the authority to pull her over. But don't lie either.

    Gihgehls on
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    DoctorArchDoctorArch Curmudgeon Registered User regular
    edited September 2010
    Hmmm, I would go to court, be sure not to lie, but stress that as a woman, having a random man who claims to be a cop (but without lights or vehicle to back that up) rap on your car and demand you pull over is possibly putting her in a dangerous situation. The judge may agree with you and invalidate the tickets not dealing with the obvious traffic infractions.

    DoctorArch on
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    XaviarXaviar Registered User regular
    edited September 2010
    Weird for me. The way local laws work here is that one left-turning car is allowed in the intersection to wait for a chance to go at a time. If the light changes, and you are still waiting, you are perfectly free to clear the intersection when you are able, regardless of what the light says.

    Xaviar on
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    Chases Street DemonsChases Street Demons Registered User regular
    edited September 2010
    Gihgehls wrote: »
    If some crazy guy rapped on my window and told me to pull over, I probably wouldn't either. She could fess up that what she did was wrong, and perhaps mitigate it somewhat by saying she was unsure if he had the authority to pull her over. But don't lie either.

    It wasn't some loon in a paper-bag hat and high heels. It was a cop. Not exactly tough to pick out as being on duty. Since when do you doubt the authority of a traffic cop to pull over and give citations?

    If she'd pulled over she probably would have gotten a warning or a single ticket which could have been negotiated down at the court date. The municipality frequently doesn't care about giving points; they just want your money. They don't reap anything from making your insurance go up.

    In the current situation she's probably going to take the hit for all three tickets - better hope the third ticket wasn't reckless endangerment, that one tends to be a Very Serious Issue.

    Chases Street Demons on
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    VisionOfClarityVisionOfClarity Registered User regular
    edited September 2010
    Gihgehls wrote: »
    If some crazy guy rapped on my window and told me to pull over, I probably wouldn't either. She could fess up that what she did was wrong, and perhaps mitigate it somewhat by saying she was unsure if he had the authority to pull her over. But don't lie either.

    That is lying, she knew damn well a cop rapped on her window and when a cop working a traffic detail tells you to pull over you're supposed to.

    Saying something so incredibly stupid as what you suggest is not going to help her.

    VisionOfClarity on
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    ShogunShogun Hair long; money long; me and broke wizards we don't get along Registered User regular
    edited September 2010
    why are people even arguing about this? She yelled fuck you to a cop. Pay the goddamn tickets, be thankful she isn't in jail, and hope she wises up.

    Shogun on
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    Ziac45Ziac45 Registered User regular
    edited September 2010
    Shogun wrote: »
    why are people even arguing about this? She yelled fuck you to a cop. Pay the goddamn tickets, be thankful she isn't in jail, and hope she wises up.

    Really this, I would just plead for leniency and hope for the best. This was one of the stupidest things she could have done and there is no real way out of it.

    Ziac45 on
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    GihgehlsGihgehls Registered User regular
    edited September 2010
    That is lying, she knew damn well a cop rapped on her window and when a cop working a traffic detail tells you to pull over you're supposed to.

    Saying something so incredibly stupid as what you suggest is not going to help her.
    Well ok then. I didn't realize the exact transcript of this girl's thoughts were in the OP, but if you're sure you know what she was thinking at the time, I'll go ahead and concede that your advice is better than mine.

    Gihgehls on
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    Feels Good ManFeels Good Man Registered User regular
    edited September 2010
    Shogun wrote: »
    why are people even arguing about this? She yelled fuck you to a cop. Pay the goddamn tickets, be thankful she isn't in jail, and hope she wises up.

    why bring this part up



    it's not like that is what the tickets were for


    the fact of the matter is it's pretty hard to confuse a cop rapping on your car window and a hobo or prositute accosting you or something. she knows what she did was wrong. got the tickets, all good, pay the man.

    Feels Good Man on
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    Ziac45Ziac45 Registered User regular
    edited September 2010
    Gihgehls wrote: »
    That is lying, she knew damn well a cop rapped on her window and when a cop working a traffic detail tells you to pull over you're supposed to.

    Saying something so incredibly stupid as what you suggest is not going to help her.
    Well ok then. I didn't realize the exact transcript of this girl's thoughts were in the OP, but if you're sure you know what she was thinking at the time, I'll go ahead and concede that your advice is better than mine.

    In the OP it is even specified that it is indeed a cop. This leads me to believe that the Girl knew that it was a police officer and still sped off.

    Ziac45 on
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    dlinfinitidlinfiniti Registered User regular
    edited September 2010
    Gihgehls wrote: »
    That is lying, she knew damn well a cop rapped on her window and when a cop working a traffic detail tells you to pull over you're supposed to.

    Saying something so incredibly stupid as what you suggest is not going to help her.
    Well ok then. I didn't realize the exact transcript of this girl's thoughts were in the OP, but if you're sure you know what she was thinking at the time, I'll go ahead and concede that your advice is better than mine.

    well the problem is if she could make that argument convincingly, then the judge could also make an argument on the same grounds that she is incompetent to hold a license
    i mean i assume this was in broad daylight and the cop was in the intersection fully uniformed and stuff
    besides the general protocol for this type of thing is to pull over when you feel it is safe and call the police to report/verify the encounter which she clearly did not do
    making that argument in a courtroom will more likely end up hurting you than helping you

    dlinfiniti on
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    UsagiUsagi Nah Registered User regular
    edited September 2010
    better hope the third ticket wasn't reckless endangerment, that one tends to be a Very Serious Issue

    yeah, this

    Usagi on
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    VisionOfClarityVisionOfClarity Registered User regular
    edited September 2010
    Depending on what the tickets are for is what will make it worth getting a lawyer or not. Look at the fines and points and get a consult if you're worried.

    VisionOfClarity on
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    DarkewolfeDarkewolfe Registered User regular
    edited September 2010
    Here's the useful advice. Don't date a crazy woman who is going to get you in trouble with the police some day.

    Darkewolfe on
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    EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited September 2010
    DoctorArch wrote: »
    Hmmm, I would go to court, be sure not to lie, but stress that as a woman, having a random man who claims to be a cop (but without lights or vehicle to back that up) rap on your car and demand you pull over is possibly putting her in a dangerous situation. The judge may agree with you and invalidate the tickets not dealing with the obvious traffic infractions.

    So a cop needs a light or vehicle to tell you to pull over and prove that he/she's a cop? No, sorry. Doesn't work that way. As well, she was in a crowded intersection, she wasn't in the middle of nowhere.

    Esh on
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    HefflingHeffling No Pic EverRegistered User regular
    edited September 2010
    My advice would be to:

    1) Find out the name of the police officer and his police station. It should be on the ticket.
    2) Call the police station and ask when the officer will be on duty. If they ask, explain the situation and state that your wife was upset, and she would like to apologize.
    3) Bake some cookies or some other homemade treat (Don't buy something ready made from Wal-Mart, you want to show some effort. You can buy something like cookie dough, however.), and go with her to deliver it to the precinct when the police officer is on duty. Have her apologize in person to the officer. Ask him if he would be willing to downgrade any or all of the tickets to a non-moving violation (These typically don't count against your insurance, and still bring in money to the city coffers).
    4) If all else fails, go to the court date. If the officer skips that night, the charges should be dropped as you have the right to face your accuser.

    What you're doing is demonstrating that you're willing to put in the same effort in your apology as you made the officer go through in tracking you down. You're also not trying to get out of paying the city money, just paying less and more importantly not having your insurance rates go up.

    Honestly, I don't think it will work. But it'll be $10 and a few hours of your time, so it's not a huge investment. I think the most important thing during this is to be polite and civil.

    Heffling on
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    EshEsh Tending bar. FFXIV. Motorcycles. Portland, ORRegistered User regular
    edited September 2010
    Heffling wrote: »
    My advice would be to:

    1) Find out the name of the police officer and his police station. It should be on the ticket.
    2) Call the police station and ask when the officer will be on duty. If they ask, explain the situation and state that your wife was upset, and she would like to apologize.
    3) Bake some cookies or some other homemade treat (Don't buy something ready made from Wal-Mart, you want to show some effort. You can buy something like cookie dough, however.), and go with her to deliver it to the precinct when the police officer is on duty. Have her apologize in person to the officer. Ask him if he would be willing to downgrade any or all of the tickets to a non-moving violation (These typically don't count against your insurance, and still bring in money to the city coffers).
    4) If all else fails, go to the court date. If the officer skips that night, the charges should be dropped as you have the right to face your accuser.

    What you're doing is demonstrating that you're willing to put in the same effort in your apology as you made the officer go through in tracking you down. You're also not trying to get out of paying the city money, just paying less and more importantly not having your insurance rates go up.

    Honestly, I don't think it will work. But it'll be $10 and a few hours of your time, so it's not a huge investment. I think the most important thing during this is to be polite and civil.

    Yeah, this isn't going to work. No cop is going to reduce the charges (if he can even do that?) for some cookies and an apology. I seriously doubt with the amount of shit cops have to deal with, that he's going to buy her fake sad shtick.

    Esh on
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    Phoenix-DPhoenix-D Registered User regular
    edited September 2010
    Hell, they'd probably throw the cookies out in case they have an Extra Surprise in them.

    So, yeah. Find out the exact charges, lawyer up if needed, but I have to agree with the general "Go in, admit this was a stupid thing to do, pay the fine" advice.

    Phoenix-D on
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    DoctorArchDoctorArch Curmudgeon Registered User regular
    edited September 2010
    Esh wrote: »
    DoctorArch wrote: »
    Hmmm, I would go to court, be sure not to lie, but stress that as a woman, having a random man who claims to be a cop (but without lights or vehicle to back that up) rap on your car and demand you pull over is possibly putting her in a dangerous situation. The judge may agree with you and invalidate the tickets not dealing with the obvious traffic infractions.

    So a cop needs a light or vehicle to tell you to pull over and prove that he/she's a cop? No, sorry. Doesn't work that way. As well, she was in a crowded intersection, she wasn't in the middle of nowhere.

    People have been accosted by perpetrators posing as police officers. Women have been raped by perpetrators posing as police officers. It is not an unfounded or entirely unreasonable stance to claim that without the obvious signs of authority (i.e. vehicle, lights) that prove beyond a reasonable doubt that the man in fact is a cop, then the possibility exists.

    DoctorArch on
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    MichaelLCMichaelLC In what furnace was thy brain? ChicagoRegistered User regular
    edited September 2010
    DoctorArch wrote: »
    People have been accosted by perpetrators posing as police officers. Women have been raped by perpetrators posing as police officers. It is not an unfounded or entirely unreasonable stance to claim that without the obvious signs of authority (i.e. vehicle, lights) that prove beyond a reasonable doubt that the man in fact is a cop, then the possibility exists.

    For future run-ins with police, the smart thing, if you honestly are concerned for your safety, is a) if they have a vehicle, tell them you're driving to the nearest station, or b) call 9-1-1 or local number and ask for another officer to be sent.

    MichaelLC on
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