Bogus passing zone violation

[Tmichael83]

What is the name of your state (only U.S. law)? Louisiana

On my way to work one morning, I was stuck behind a vehicle doing 40 in a 55mph zone, and after a mile I was finally able to pass. As I initiated the pass, I realized it was a police officer with no lights on roof, and I couldn't see the decals previously due to it being a chevy camaro with pronounced fenders. I had roughly a thousand feet of passing zone with no cars coming from opposing direction, and once I passed I was pulled over. The officer walked up, never introducing herself, and simply stated I was pulled over for a passing zone violation. I contested the claim, and stated I wouldn't have been so inclined to pass had she been driving an appropriate speed. The officer then looks at me, taps her badge, and says "I can do what I want". I found it in my best interest to start filming the rest of the encounter at that point. When she returns to my car, she slaps the ticket book down and says "I need you to sign this". I stated, under a presumption of innocence, that I didn't want to sign the ticket, to which she replied "ok, well you have the right to remain silent, can you step outta the vehicle?" I did as I wasn't sure how to proceed, and felt that the phrasing was contradictory. Ultimately, I was arrested but never patted down or my person searched, and I even had a legal blade visibly clipped to my pants pocket. Another officer showed up for my transport, and she began an "inventory" of my vehicle. There was never any suspicion of intoxication, and a passing zone violation was my only charge. I suffered damages to my vehicle from the tow company, to which my insurance company refuses to do anything about. I also have time lost from work, and various expenses incurred because of this incident.

I was wondering if I have a legitimate case for a civil suit, as I feel as tho I was entrapped, suffered an abuse of authority, and wasn't properly mirandized. Please help!

 

[Ladyback1]

What is the name of your state (only U.S. law)? Louisiana

On my way to work one morning, I was stuck behind a vehicle doing 40 in a 55mph zone, and after a mile I was finally able to pass. As I initiated the pass, I realized it was a police officer with no lights on roof, and I couldn't see the decals previously due to it being a chevy camaro with pronounced fenders. I had roughly a thousand feet of passing zone with no cars coming from opposing direction, and once I passed I was pulled over. The officer walked up, never introducing herself, and simply stated I was pulled over for a passing zone violation. I contested the claim, and stated I wouldn't have been so inclined to pass had she been driving an appropriate speed. The officer then looks at me, taps her badge, and says "I can do what I want". I found it in my best interest to start filming the rest of the encounter at that point. When she returns to my car, she slaps the ticket book down and says "I need you to sign this". I stated, under a presumption of innocence, that I didn't want to sign the ticket, to which she replied "ok, well you have the right to remain silent, can you step outta the vehicle?" I did as I wasn't sure how to proceed, and felt that the phrasing was contradictory. Ultimately, I was arrested but never patted down or my person searched, and I even had a legal blade visibly clipped to my pants pocket. Another officer showed up for my transport, and she began an "inventory" of my vehicle. There was never any suspicion of intoxication, and a passing zone violation was my only charge. I suffered damages to my vehicle from the tow company, to which my insurance company refuses to do anything about. I also have time lost from work, and various expenses incurred because of this incident.

I was wondering if I have a legitimate case for a civil suit, as I feel as tho I was entrapped, suffered an abuse of authority, and wasn't properly mirandized. Please help!

Well....contesting an officer's "claim" by the side of the road, typically ends badly. Not to mention, blaming the cop by telling her that she wasn't driving fast enough?
It's been a while since I r'cd any sort of traffic ticket, but to the best of my knowledge: Signing a ticket is not an admission of guilt, it is simply stating that you understand that you are r'cing a ticket, and agree to deal with the ticket (show in court, pay the fine, whatever).

And really? You want to play stupid---How is answering in the affirmative/negative to "can you step out of the car?" going to help the situation.

Maybe the officer was "abusing" her authority, but you certainly did yourself no favors.

Good Luck!

ETA--a person driving a Law enforcement vehicle, clearly marked (it is not a requirement that the car have top lights, a lot are running "wig-wags" or some other lights in the grill/front of the vehicle), gets out and is wearing a uniform/has a badge visible? And you think that officer should "introduce" themselves? It is not necessary for them to introduce themselves. What? Did you think this was speed dating round or some sort of social event?? You should address them as "Officer/Deputy" or "Sir/Ma'am".

Seriously---you brought this on yourself, in my opinion.

 

[Eekamouse]

Were you passing in a passing zone? No? You broke the law and earned the ticket. It wasn't entrapment just because you didn't recognize that the car in front of you was a cop car. You watch too many movies. The cops don't read your rights when they arrest you. They do that when they are going to interrogate you.

 

[Just Blue]

What is the name of your state (only U.S. law)? Louisiana



I was wondering if I have a legitimate case for a civil suit, as I feel as tho I was entrapped, suffered an abuse of authority, and wasn't properly mirandized. Please help!

1. No. In my opinion you do not have a civil case and were not "entrapped". Nor were you abused and, as stated by another, reading you your rights wasn't needed.

For further help seek a local Attorney and or a PhD.

Blue

 

[HighwayMan]

Chances are that the officer wanted you to sign the ticket as a promise to appear. Tickets are not signed to admit guilt.

Since you refused to sign you were arrested.

You never addressed the original issue - that is whether you passed in a no passing zone. It matters not whether there was no oncoming traffic - if passing wasn't permitted then you simply cannot pass.

 

[not2cleverRed]

1. No. In my opinion you do not have a civil case and were not "entrapped". Nor were you abused and, as stated by another, reading you your rights wasn't needed.

For further help seek a local Attorney and or a PhD.

Blue

Not sure a PhD will be able to help OP.

Definitely needs an attorney, though!

And please, stay out of my state OP! I've already got enough people illegally passing me - even when I'm at or over the speed limit. I hate the tourist season.

 

[Tmichael83]

Sorry, I haven't had a chance to check and reply until now. I passed in a passing zone. I drive this route to and from work everyday and the stretch of highway where this happened has a passing zone for roughly a thousand feet. There are no passing zones on this road, but I did NOT pass in a no passing zone. The officer approached my vehicle like she was having a bad day, was very rude and blunt. She requested my information and I provided it, and simply stated that I passed because she was driving 40 in a 55. I did not contest any charge at this time, I assumed she would simply run my information and give a warning considering the amount of space I clearly had to pass as well as this happening at the parish(county) line. I didn't contest anything until after she came back to the car and slapped the ticket book down and said "I need you to sign this", which was after she tapped her badge and said "I can do what I want". I have a picture of the stretch of highway where I passed if that would help.

 

[Tmichael83]

What is the name of your state (only U.S. law)? Louisiana
I had roughly a thousand feet of passing zone with no cars coming from opposing direction, and once I passed I was pulled over.

I don't appreciate being patronized, as I clearly stated the above in my OP. What I didn't state was that I had been following this car for a mile, going through much shorter passing zones where I could have passed, but I don't like to because I find it unsafe for that road. I honestly thought it was some grandpa in his new Camaro that hadn't gotten used to it yet until I went to pass and finally saw the decals on the door.

 

[Ladyback1]

Sorry, I haven't had a chance to check and reply until now. I passed in a passing zone. I drive this route to and from work everyday and the stretch of highway where this happened has a passing zone for roughly a thousand feet. There are no passing zones on this road, but I did NOT pass in a no passing zone. The officer approached my vehicle like she was having a bad day, was very rude and blunt. She requested my information and I provided it, and simply stated that I passed because she was driving 40 in a 55. I did not contest any charge at this time, I assumed she would simply run my information and give a warning considering the amount of space I clearly had to pass as well as this happening at the parish(county) line. I didn't contest anything until after she came back to the car and slapped the ticket book down and said "I need you to sign this", which was after she tapped her badge and said "I can do what I want". I have a picture of the stretch of highway where I passed if that would help.

Your original post:

On my way to work one morning, I was stuck behind a vehicle doing 40 in a 55mph zone, and after a mile I was finally able to pass. As I initiated the pass, I realized it was a police officer with no lights on roof, and I couldn't see the decals previously due to it being a chevy camaro with pronounced fenders. I had roughly a thousand feet of passing zone with no cars coming from opposing direction, and once I passed I was pulled over. The officer walked up, never introducing herself, and simply stated I was pulled over for a passing zone violation. I contested the claim, and stated I wouldn't have been so inclined to pass had she been driving an appropriate speed. The officer then looks at me, taps her badge, and says "I can do what I want". I found it in my best interest to start filming the rest of the encounter at that point. When she returns to my car, she slaps the ticket book down and says "I need you to sign this". I stated, under a presumption of innocence, that I didn't want to sign the ticket, to which she replied "ok, well you have the right to remain silent, can you step outta the vehicle?" I did as I wasn't sure how to proceed, and felt that the phrasing was contradictory. Ultimately, I was arrested but never patted down or my person searched, and I even had a legal blade visibly clipped to my pants pocket. Another officer showed up for my transport, and she began an "inventory" of my vehicle. There was never any suspicion of intoxication, and a passing zone violation was my only charge. I suffered damages to my vehicle from the tow company, to which my insurance company refuses to do anything about. I also have time lost from work, and various expenses incurred because of this incident.

Which story are you gonna stick with.

Two really different stories---and you will probably lose any civil case you attempt on this one.
You might, just might, be able to contest the ticket and get it dropped.
Good Luck. Quit thinking you are entitled to introductions, or warm and fuzzy hand-holding from LA HiPo!

 

[Just Blue]

I don't appreciate being patronized, as I clearly stated the above in my OP. What I didn't state was that I had been following this car for a mile, going through much shorter passing zones where I could have passed, but I don't like to because I find it unsafe for that road. I honestly thought it was some grandpa in his new Camaro that hadn't gotten used to it yet until I went to pass and finally saw the decals on the door.

Perhaps if you take the ticket and your story to a local attorney s/he will be able to help you better.

Best of Luck!!
Blue

 

[Tmichael83]

Your original post:




Which story are you gonna stick with.

Two really different stories---and you will probably lose any civil case you attempt on this one.
You might, just might, be able to contest the ticket and get it dropped.
Good Luck. Quit thinking you are entitled to introductions, or warm and fuzzy hand-holding from LA HiPo!

You're right, I spoke incorrectly in the first post. I only stated that I passed because she was doing 40 in a 55. I didn't contest anything until she came back with the ticket book, my apologies.

 

[Tmichael83]

While I don't expect warm and fuzzy hand-holding, or have any sense of entitlement, I do expect any officer to approach any encounter with professionalism and the respect they would request from anyone else.

 

[Just Blue]

While I don't expect warm and fuzzy hand-holding, or have any sense of entitlement, I do expect any officer to approach any encounter with professionalism and the respect they would request from anyone else.

Life is often strange. We expect one thing and get something else. Grown-ups deal with it and move on.

 

[Tmichael83]

Also, this was a city PD officer, not state. In the time it took to pass and pull over, we were already in another parish outside of city limits, which is patrolled by the parish sheriffs dept.

 

[Just Blue]

Also, this was a city PD officer, not state. In the time it took to pass and pull over, we were already in another parish outside of city limits, which is patrolled by the parish sheriffs dept.

sigh...

So take your ticket and self to a local attorney to see if you have a viable case.