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Fix-it ticket- cop gave me wrong instructions!

  • Thread starter Thread starter CAjade
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CdwJava

Senior Member
CAjade said:
and part of me doesn't want to give that officer the $300 in overtime pay he'll receive just for showing up in court.... :mad:

$300 in overtime pay!?!

Wow! How do I get a job where you live!?

Carl
 
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CdwJava

Senior Member
CAjade said:
Ok, enough of the debate...let me change course here. If I do opt to contest the "failure to correct" violation and subpoena the original officer to court for giving me misinformation, do I have anything to lose besides the time spent in court, or the time spent filling out paper work if I can get a trial by written declaration?

Getting a subpoena for the first officer might be very tricky as it does not pertain to the second violation ... it MIGHT be a toss up as to whether a court would permit it. And unless you have an attorney or some really good legal advice on procedural matters, you probably will not get the subpoena served on the first officer. This can be a very precise matter and takes some understanding of the process and they system.

I would ask the judge/commissioner when you go in for the court date how you would go about subpoenaing another officer ... I'm not sure if he would even deal with the question at that time, but he might.

Also, IF its an option, driving school is usually ONLY an option BEFORE court. If you contest the citation, many judges/commissioners in CA take that option OFF the table after the hearing. So, if you fight it and lose, traffic school might not be an option.

Carl
 

You Are Guilty

Senior Member
If you can find traffic attorneys in NY for $200, I am sure you can find one in CA for the same, if not less. Their primary benefit comes not from knowing the traffic law, as any schlub can do that (like me!) They are useful because they are in the traffic parts each and every day and have contacts and friendships with the ADAs who work there, and thus can negotiate deals the average bear (i.e. you) cannot.

If it's potentially going to result in points on your license, you really should consider the lawyer. Points and insurances rates don't go well together.


Incidentally, I gave you the correct answer in the other thread also, but you liked it better coming out of Carl's mouth. Go figure. I can take a hint.
 

CdwJava

Senior Member
You Are Guilty said:
Incidentally, I gave you the correct answer in the other thread also, but you liked it better coming out of Carl's mouth. Go figure. I can take a hint.

Maybe it's my kinder, gentler approach. ;)

Carl
 

CdwJava

Senior Member
You Are Guilty said:
Bleaugh. I'm sure it is but the right answer is the right answer. I think you need to be meaner, lol.

Ahhh ... but I have to be mean at work every day ... to the public, to my officers - to everybody.

I come here to be 'nice.' :D

Carl
 
C

CAjade

Guest
LOL, Carl don't "go mean" on me now! You're giving the police system a better name in my eyes just by not biting my head off ;)

But don't feel bad, Y.A.G., I still like you OK...LOL.

Carl (sorry YAG), I appreciate the info about the potential loss of traffic school option, and on the court system and the difficulty of subpoenaing the officer who didn't give me the second ticket...the second cop made it sound like doing so would be cake...but clearly she just wanted me to quit complaining, I guess. Can't blame her. I suppose now I'm going to just wait till I can find out the bail and traffic school option if there is one, then decide from there whether to try contesting...I'd hate to eat that point just because I contested and lost my chance for traffic school. Hard lesson learned this week, but I appreciate everyone's suggestions (yes yours too YAG). Not sure about an attorney...I'll have to think about that one.

Oh, and about the $300 overtime pay...maybe just an urban myth from some cop-hater but that's what I've heard...that cops get called into court on their days off, so they get hefty overtime pay. Boy would I love to hear that's not true...
 

CdwJava

Senior Member
CAjade said:
Oh, and about the $300 overtime pay...maybe just an urban myth from some cop-hater but that's what I've heard...that cops get called into court on their days off, so they get hefty overtime pay. Boy would I love to hear that's not true...

Well ... on our days off, most officers get overtime at time-and-a-half (unless their contract specifies otherwise). The amount varies by agency and contract ... some pay min. 2 hours straight time and others pay min. 2 hours (or more) overtime. Assuming that an officer was called in for 4 hours as his contractual court minimum, he would be having to earn $75 an hour to make $300 ... and that would mean a BASE pay of $50 per hour. Even in the Bay Area, I doubt there are any cops that make that kind of money ($104,000 base salary per year)!

So ... it's a myth.

And where I have worked one agency was minimum 2 1/2 hours straight time, another was minimum 2 1/2 hours at time and a half, and where I currently work it's a minimum of 2 hours at time and a half. Nowhere NEAR $300.

Carl
 
C

CAjade

Guest
CdwJava said:
Well ... on our days off, most officers get overtime at time-and-a-half (unless their contract specifies otherwise). The amount varies by agency and contract ... some pay min. 2 hours straight time and others pay min. 2 hours (or more) overtime. Assuming that an officer was called in for 4 hours as his contractual court minimum, he would be having to earn $75 an hour to make $300 ... and that would mean a BASE pay of $50 per hour. Even in the Bay Area, I doubt there are any cops that make that kind of money ($104,000 base salary per year)!

So ... it's a myth.

And where I have worked one agency was minimum 2 1/2 hours straight time, another was minimum 2 1/2 hours at time and a half, and where I currently work it's a minimum of 2 hours at time and a half. Nowhere NEAR $300.

Carl

Oh good, yeah I'm sure cops here don't make that kind of money...I'm not even in the true Bay Area so I'm sure its lower. I feel a little better now...I think. Guess I'm just jealous I don't get overtime pay for *anything* where I work, LOL. Thanks for dispelling the myth.
 

CdwJava

Senior Member
CAjade said:
Oh good, yeah I'm sure cops here don't make that kind of money...I'm not even in the true Bay Area so I'm sure its lower. I feel a little better now...I think. Guess I'm just jealous I don't get overtime pay for *anything* where I work, LOL. Thanks for dispelling the myth.

Well, in my part of the state we can qualify for public assistance.

And people think teachers are not paid very well!

Carl
 

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