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powers of off-duty police officers and their spouses, unsafe passing.

Sent to Legal Experts December 03 12:07 AM

I was pulled over by a police officer waiting at an ajacent side street, just after entering a small town 20 miles from where I live. The officer asked if I knew why he pulled me over, and I answered "no." In his words, "you passed a cop's wife and she called it in.." He took my information, and after about 20-25 min. returned with a ticket citing me for 28-723.1 unsafe passing on the left. I noted the speed was "estimated" for 80m.p.h. and location was described at a milepost "just inside city limits" but at least, 5 miles before i reached the officer's location. I asked the officer "this is a citation for something you were not a witness to?" he said "yes, the witness will be subpoenaed, and asked to testify against you in court." I signed my ticket and continued on my way. 2 weeks later I recieved a form in the mail notifiying me that an amendment had been made my citation would be changed to unsafe lane change I'm guessing 28-729? I would like to appeal, but am not sure how?

 

Optional Information:
Snowflake, Arizona

Already Tried:
I've only looked up the law definitions.

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Answer
December 3 8:39 AM (8 hours and 31 minutes and 46 seconds later)
         
REPLIEDCheck Mark

The ticket should tell you which court to report to, to make a payment of the fine or dispute the ticket. You should contact that court and make them aware that you want to dispute the ticket and ask for a hearing date. They should be able to provide you with the forms to complete to request the hearing and get a date set.

1 Other Expert Agrees with this!
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Shelley -- Lawyer (JD) -- 99% Positive Feedback on 1877 Legal Accepts
Attorney-Business degree from The University of Texas
Reply
December 3 10:27 AM (1 hour and 48 minutes and 47 seconds later)
         
Reply to Shelley's Post: I am aware of the legal process. I would like an opinion regarding my strongest argument.
Customer (name blocked for privacy)
Answer
December 3 10:38 AM (10 minutes and 21 seconds later)
         
REPLIEDCheck Mark
Your strongest argument is that you did not commit the infraction. But if you did pass illegally on the left and were speeding, you have no good defense except that it is her word against your if you decide to lie about the action.
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Shelley -- Lawyer (JD) -- 99% Positive Feedback on 1877 Legal Accepts
Attorney-Business degree from The University of Texas
Reply
December 3 2:41 PM (4 hours and 3 minutes and 38 seconds later)
         
Reply to Shelley's Post: Lie? that is not necessary. I have gotten a confirmation as to which code I am being charged for, ARS 28-725, but niether of these laws apply to my situation.
We were traveling on a four-lane highway. I am not certain if this was the witness, but the vehicle in question was traveling in the left lane purposefully impeding traffic by matching the speed of another vehicle in the right lane (below the speed limit.) I waited for an opportunity to pass from the right lane, as I signaled to change lanes, this car accelerated making for a tight pass. I am certain that I did not run anyone from their lane, and crossing the center line was impossible from my position.
The purpose for my question is this. Do off-duty police officers or their spouses (I am now not certain who the witness is, or if there will be one.) have rights or special privledges as witnesses? How can I be pulled over within 5 miles of an altercation by an on-duty officer who has not witnessed, or even had time to hear the full story, and be given a citation? His information was clearly inaccurate, judging by the code he wrote on the ticket, and then for it to be amended to something different, two days later? This shows inaccuracy and his actions arbitrary? What does that say about the officer? This witness is taking away the officer's ability to make rational decisions? Not to mention, putting his safety in jeopardy?
   
Thank you for your replies.

I feel this a neverending battle and the line should be drawn somewhere. If not me, then someone else with more serious accusations.
Customer (name blocked for privacy)
Answer
December 3 3:37 PM (55 minutes and 40 seconds later)
         
ACCEPTEDCheck Mark
If a citizen witnesses a violation of the traffic laws they can call them in and if there is an officer in the area to stop the person, the officer may do so on the testimony of the caller. The fact that the caller in this situation is a wife of an officer does not prohibit her from reporting conduct she believed to be in violation of traffic law. Now since you were cited for one violation and then another you can use that to show the officer was not a witness and if what you are cited for is not what the witness testifies to, then you can state they failed to prove their case and the ticket should be dismissed. But if the citation does match the wintesses testimony, you will have to testify as to what you did and see whose facts the judge finds to be more credible.
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Shelley -- Lawyer (JD) -- 99% Positive Feedback on 1877 Legal Accepts
Attorney-Business degree from The University of Texas
Reply
December 3 5:27 PM (1 hour and 49 minutes and 45 seconds later)
         
Reply to Shelley's Post: Thank you again.
Customer (name blocked for privacy)
Reply
December 3 5:37 PM (10 minutes and 14 seconds later)
         
very professional. thanks for remaining objective.
Customer (name blocked for privacy)
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