jordan7682

Hi, I have a NH drivers license. Several months ago I received a speeding ticket in MA, I think it was for 88 (approx) on a 65 mph interstate. The police officer was in his cruiser, hiding down an embankment, WITH NO LIGHTS ON, no interior or exterior lights at all, this happened late at night, when I was exhausted and had to drive several hours home from the airport. I know I was speeding but do not think I was going as fast as he says he clocked me. There were other cars on the road as well that were speeding but I was the unlucky one. I had 2 people/witnesses in my vehicle that can testify to the fact that he was hiding with no lights on. I was stunned and did not ask to see radar, I know I was not thinking! My first question is: Was this a legal stop? Some people have told me that it is entrapment, which I don't think would wash in court, but is it legal for him to hide in the complete dark like that? I decided to try and fight the ticket, I checked the request for court hearing, promptly mailed the summons and have not heard anything back. This is going on 6 months, what should I do? Do nothing? Call NH DMV where I live? Call state of MA where the ticket was issued? I have no ticket # or info., as I mailed it in!? Thanks for your advice!

rot

Sorry, I can't help with your case, but I can tell you that this is not entrapment. Entrapment occurs when a cop gets you to do something illegal that you wouldn't ordinarily do, then busts you for it. This is why stings and things like baitcars are valid. If the cop forced you, somehow, to speed then that'd be entrapment.

Sorry I couldn't help you more. Good luck though.

Cyberman

It's definitely not entrapment, as rot said. In working radar, it is highly unlikely that police officers could meet either component of entrapment, since they don’t have an opportunity to contact the driver until after a violation occurs. The law also states that a person can’t claim entrapment if an officer merely allows them the opportunity to commit a crime. So legally, traffic enforcement from a concealed position is not entrapment.

I understand your frustration but, you were speeding, you got caught, best to pay the fine and get on with your life. If you really want to contest how fast you were actually speeding, then you have more free time than I do.

What would really irritate you is the setup right up the road from me. A cop sits in an unmarked vehicle, usually an SUV, or a plain non-police looking car IN PLAIN VIEW with vascar setup in front of him. Sometimes they even pull the spare tire out, like they've got a flat. Up the road are about four or five of his buddies, and they stay busy all day long.

A good rule of thumb, if you're out of state and you don't have anyone around you to gauge the "acceptable" speed limit, is do the speed limit. You might get away with 10 MPH over. That's assuming your speedometer is accurate.

rot

Hi, it's me again.

I had a shower and thought about this further.

Why is having his lights on important? I don't know about the laws in MA, but I assume the law is that it's illegal to speed, not "speed past the cops with their lights on", if you get my drift.

Re-reading this I realize that I'm sounding like some douche but honestly I'm not. I just think that if you go to court and try for entrapment, or claim the stop is invalid because he didn't have his lights on, then you'll be in for some disappointment.



Btw, I'm not a lawyer or a cop or judge or anything, so by all means take what I have to say with a grain of salt. Do lawyers still offer the first half hour free? If you talk really fast you might be able to get the job done.

Ok, once again, good luck.

ozziesironmanoffroad

in san diego you could get that ticket thrown out of court cuz he had NO lights on.... i have...

Ezrider_92356

even if the cop had his lights on he would have had you on radar by the time you saw him and started to slow down anyway. alot of times they will just let you keep going if you slow down before you get up to them, does not mean that you beat the Lazar or radar. the fact he had all of his lights off is more of a safety concern than an issue of entrapment. entrapment would have been if the cop said hey lets see if that Toyota can get up to 90 mph and then afterward he gave you a ticket for going 90mph.

934rnr

Suck it up you got a ticket I had to deal with many of them I've gotten....
Eventually you got to own what you did regardless if you thought someone wasn't watching or pulled you over properly.

Better do something because eventually they will suspend your license.
Some states issue a warrant for arrest if you don't show up to court.
BTW the DMV systems are becoming a national system very soon.
So if you get pulled over again they may take you to jail for a DLS or warrent issued by another state.
Some stuff to think on. I've had friends who had forgot about tickets in other states and their license was suspended.
They now bring people to jail who have a suspended license in my state.
Then guess what they fingerprint you and run you through the FBI database. Standard procedure to do now. So if something else is out there they will find out about it.


Prove your case to the judge or not don't know what else to say bud..

It's an up hill battle fighting the system and an old song comes to mind "I fought the Law the and the Law won"

99SR5

iTrader: (1)

yeah im almost positive that at night they have to have some kind of light on.

pat161

Be careful with what the second to last post mentioned, MA and NH do indeed share info on traffic violations. My brother got a ticket in NH on his motorcycle and never paid it, about 10 years later he got a note from MA saying his license would be pulled in 30 days unless the issue was cleared up, let's just say it cost him a lot more than the original ticket would have.

87LVRunner

How do you prove that the cop did not have his lights on? I can tell you 100% that people in your car do NOT count as witnesses. So, when you bring this up, and find out that your passengers cannot be your witnesses, how do you prove his lights were not on?

AxleIke

You were speeding. You got caught. Yet you feel you should not have to face the consequences?

If MA has a law about lights being on, you MAY be able to get out of the ticket on a technicality. However, you have to prove that, as stated above.

Bring up entrapment, and you should be prepared to be laughed out of the courtroom.

A better solution to this would be to not speed, esp not 20 miles per hour over the limit.

ovrrdrive

That comes from the same rumor book that says an undercover cop has to admit he's a cop if you ask him.

Both are bunk.

The OP did the crime and now he needs to do the time. You were wrong, you knew the risk, you got caught.

89whitetoyota

In OHIO, they dont have to have lights on nor be in plain view, they can get you how ever they want.

Skinsfan6

In Virginia the police are not required to have their lights on either. It can be the middle of the night and your only indication of a cop sitting there will be their reflectors IF they're even in plain sight, which they don't have to be. I got pulled by a cop with his lights off at night and there was no getting out of it.

Whitey13

Guilty. Please send the next teenaged driver into the courtroom please.

EricBirk

wow you guys have it made down there...
at least half the time they are in cars. We have electrical boxes that get placed and give photo radar!!!

DeAndre

what you should do is write what happened on a piece of paper or something, get as many extentions as you can and then send in a writen argument or whatever and hope he doesnt remember who you are or what the hell happened that night. after a month or two im sure that cop would have written so many tickets it would be hard for him to remember your particular situation so theres a good chance he wont write back and you'll automaticly win.
this works 95% of the time

Cyberman

95% of the time? What out of 2 times?

It's doubtful the OP will reply to this thread, considering it was their first post...

DeathCougar

iTrader: (23)

I wish I could play judge for one day. most of my cases would go like this:

Me: Were you breaking the law?
Them: Yes, I was but...
Me: Not but. STOP BREAKIN THE LAW A-hole!

People spend SO much damn time trying to get out of tickets....if you weren't breaking the law in the FIRST place, you wouldn't have to pay.

To the OP: Chalk it up to a learned lesson, and pay the fine. Quit trying to find a way to blame others for your problem.

99SR5

iTrader: (1)

im just saying that they are suppose to have some kind of light on when sitting in the dark