Cops and Trucks (got a ticket)

[Big MAK]

OK; if you know me you know it's probably about time.



But that's the weird thing; I wasn't doing anything wrong this time!



So I figure; hey; it's karma and fair is fair so I'll take my medicine.



But the cop doesn't write me for speeding or some other 'normal' violation he writes me for "negligent driving"?



He says I'm "in a big truck and feel like I can push people around". Need to not follow so close... yada yada. What it finally boiled down to was I was following too close in his opinion. Never mind I was farther back then all the little cars around me; and followed the semi I was behind just as close (can't push a semi around); wasn't weaving in and out of traffic; had been in the same lane for 20 miles; going the same speed as the people around me.



So if he'd just given me a ticket for the speed I was going or for following too close (techincally); no problemo. karma. But "negligent driving?" no way. That means a huge fine with a mandatory court appearance or a once in a lifetime waiver if I attend the $100 "attitudinal driving" (no kidding) course where people go who have done things like leave the scene of an accident!



Come on!



This cop clearly had a vendetta out for 'big trucks' and wants to screw with us.

 

[chuck3]

Mark Mark Mark, are you sure he was'nt the guy you ran off the road a couple miles back? hehe Just kidding sorry to hear it Mark.

 

[klenger]

Sounds like you could fight it in court. Pretty flimsy ticket.

 

[Doc Tinker]

I'll bet we all follow too close. In fact everyone I see on the road follows too close, according to the recommended speed/distance that I was taught in driver ed some 35 years ago. They used to say one car length for each ten mph. If I drove like that around here, I'd never get anywhere, because all the other drivers would be cutting me off and forcing me to slow down to allow the required distance.



Doc

 

[Briar Hopper]

You just lent a few more ounces of creditability to my police state theory .....

The cops have too much power, there are too many of them, and they are overly focused on traffic enforcement, to the detriment of crime prevention... .

Sorry you got unfairly busted, Mark. I know how you feel.

 

[CTabor]

What Briar said!

 

[Wirenut]

They're just jealous cause they dont got a big diesel to drive around in!

 

[SS]

Fight that ticket!

I hope that you are intending to fight this ticket. They don't take your license away for the 1st or 2nd offense, but after you've received 3 or 4 tickets. (Use your imagination as to what the next cop with a hard-on pulling you over for 5mph over the limit might think about a you with a "negligent driving" mark on your record - you're getting another ticket!) Even if you lose in court, you can take great satisfaction in the knowledge that it cost them several thousand dollars in wages and other expenses to get your $100 dollar fine. And you've kept the lousy cop off the street for some other unfortunate soul (instead of fighting crime where he should have been in the first place). Hey, they created the system - let it work for you.



Check out this link to the National Motorists Association - they're looking out for YOUR best interests, not the cops, judges, lawmakers, and hosts of other crooks hiding under the cloak of "THE LAW". They also have a legal defense kit for member's use that helped me beat a bad rap of similar circumstances. Good info.

motorists.org



Good luck to you.

 

[Scot]

Tell them you were drafting to save precious natural resources!

 

[Bob Beauchaine]

Coming out of Seattle headed South on I5 on 12/8 I was being followed by a rice burner about a car length behind me at just over 75 mph (2nd lane from the inside). This went on for about 10 miles (I5 is 4 lanes wide) in this area. When he finally passed me there was a gal following him at less than a car length



Today on I84 east of Troutdale Or there were 3 of them - same speed same distance Incidently the last vehicle in line was a gas powered - you guessed it Dodge PU.



These people put everyone out there in danger. Traffic was light in both cases and there was no reason for this kind of driving



It would have been nice to see a cop in both instances

 

[BFC]

Tell me about it, 36 hours after I installed the Comp I got pulled over twice in 15 minutes... ..... (second cop did let me go without a ticket)



Glenn

 

[Bigsaint]

If you think you were right, go to trial

Mark, at the very least, ask for a trial date (the date on the summons is normally a first appearance date) and then speak with the prosecutor. In most municipal courts, the calender is full and they try to move all cases that they can without going to trial, i. e. , make a deal. You might be able to get it downgraded to a moving non point violation. If you can't work out a deal with the Officer and Prosecutor, go to trial. I'm guessing that negligent driving is the equivalent to our reckless driving ( not to be confused with careless driving, a lesser fine and points). If that's the case following too close wouldn't really fit the criteria, the summons that should have been issued is following too close.



If you decide to settle on any deal, be sure that you are aware of the points/fines that go along with the charge. Again, here in NJ, following too close is a 6 point summons and carrys a heavy fine, rates right up there with passing a school bus that is stopped with it's red lights on. Reckless is somewhat less, I believe a 5 pt. summons while careless ( driving without due caution) is only a 2 pt. summons.



Following too close does have a burden of proof, as do all charges. How long did the Officer track you while you were following ? How close were you and what was the speed you were traveling ? All of these come into play when a Mun. Ct. Judge considers the case.



If you do nothing else, go to court and ask about these details before you plead to this or any charge. Going on the face value of what you have posted, it appears to me that you have been charged with an inappropiate violation. If the Officer thought that you were following too close, that should have been the charge. It's not uncommon for Officers, especially new Officers, to charge a motorist with either the incorrect or inappropiate complaint.



Scott W.

 

[Big MAK]

I was definitely following too close (according to the rules); I don't have a problem with that. But I was also moving with the traffic and maintaining the same interval as everyone else. Following too close nonetheless.



The negligent driving thing torques me off. It's a much more serious offense; one which I think he nailed me for just because I'm in a 'big truck'. My guess is his personal vehicle is a Corolla and he's out for revenge.



The courses offered are a 4 hr course for less serious offenses ($65 and can take once every 3 years for a waiver) and an 8 hr course for more serious offenses ($100 and can take once in a lifetime for the waiver). Negligent driving is the 8hr/$100 one.

 

[GeneA]

Mark: two words--NOT GUILTY.

 

[tcourse]

Check the officers written statement of your violation and see if it matches the violation # he cited you for. If it doesn't, plead not guilty and ask for dismissal. Ive done this with the last 2 tickets

Ive received and had both dismissed.



Look up the code on the internet and read it carefully.

There are a lot of stupid cops that don't know how to fill out

a simple violation form. To busy with their power trip.



TC

 

[Iceman1]

Mark, sorry to hear about the ticket. I agree with some of the others and would fight this thing. The flip side of that is that if you win you will be a marked truck for awhile and the PD will be watching you closely. It just jerks my chain when we try to do the distance thing and people will cut us off. Another is a lot of people think we (the 3500 crowd) are slow trucks will attempt to pass reguardless of the speed we are running. Good Luck on this... . Mike...

 

[rrausch]

Not all cops hate trucks or big honkin' diesel pickups. Labor Day weekend I ran into a cop who must LIKE Dodge/Cummins. Here's what happened.

I was coming back from Albuquerque, buzzing along across the Mojave Desert toward L. A. after midnight Sunday night, Sept. 2nd. I had to be back in L. A. Monday morning, even though that Monday was a legal holiday. I was the last vehicle in a pack of 5 cars, and there was a full moon over my left shoulder. We were zipping along about 85 m. p. h. in a tight little pack, in the fast lane, & there was hardly any other traffic. All the big rigs were pulled over sleeping with their running lights on.

From the Ca. inspection station there west of the Colorado River to the first signs of civilization must be over a hundred miles and we were makin' time! Generally there were no headlights in my mirrors, but every once in a while some idiot would roar up out of the night at about 120 m. p. h and go around our little pack in the right lane. Usually I would slow back to about 70 when I would see these guys approaching in case they were cops. After they'd roar by me I'd speed up and catch back up to the pack again. Well, about 3/4 of the way across the Mojave, sure enough I see headlights coming up pretty fast behind me and when the guy gets within a couple of hundred yards I slow down to 70. He keeps coming up fast but then slows also, which puts him right off my right rear bumper, and he sticks to me like glue, but in the other lane. We go on this was for about another half-mile, and the pack is getting further and further out in front of me and all the time this guy is just hanging off my right rear. Well there are no cars behind us, so I can't see if he has a light bar on top, but I didn't think the guy was a cop. And after a bit I say, "Naw he ain't a cop" and I mash the pedal. Well I'm bombed. I got pedal. And the old Cummins pushes me back in the seat a little and dark smoke rolls out the exhaust, which is about even with this guy's headlights. But he keeps right up with me. 75... 80... 85... 90... 95...

I back off it at 95, I'm starting to catch up with the other guys now, who didn't slow down. And this guy off my right rear just keeps right up with me, right off my bumper. And then he starts passing me slowly. I'm still doing 95. And I glance out my pass. side window and see... a black fender ease up beside me... and then a WHITE DOOR!!!! A white door with C. H. P. logo on it. Light bar on top. Oh $**#... I was in SHOCK. I backed off it and he passed me... pulled in front of me... turned his lights on and pulled over the car in front of me... it was a white Toyota Pickup! (There is justice in the world!)

I didn't know whether to scream or go crazy! But it was BRILLIANT psychological warfare... I drove the entire rest of the trip EXACTLY at the speed limit... with one eye on the rear view mirror convinced he was gonna come get me.

 

[KatDiesel]

Where was this?



I know mine ain't as big as yours, but the cops normally don't bother me, and I know I am speeding 99% of the time, ecspecially since my speedo is off.

 

[Big MAK]

I hear ya Kat; ditto. That's why I figured no big deal the books are being balanced; until I saw the citation.



He started sucking my balls* Eastbound 80 at the 480/Kennedy exchange; I was in the left in a mess of traffic proceeding to the 13th St exit. I crowded the car in front of me as I was clearing the car off my right rear so I could merge right. As soon as I merged right he stopped sucking my balls* so I could see more then the roof of his car then hit his lights and pulled me over.



The guy was all attitude; which explains it really. The Nebraska DMV defines negligent driving as "indifferent, offhand, neglectful" and I was definitely indifferent and offhand about him pulling me over. If I'd wet my pants and cried he'd of let me go. He didn't like being taken with a grain of salt. I was courteous and everything just didn't find it to be traumatizing. Or I should say I was courteous until I saw what he cited me for. At which point I told him he was full of it (really); and I asked him what I did that would qualify as negligent. That's when he told me I was following too close. I told him I was only trying to clear the car hovering on my right so I could make my exit. Then he said I was in a big truck and thought I could push people around.



Now that I've heard this city is in an aggressive driving crackdown I really suspect he had a reporter with him and was acting out for the camera. His windows were tinted too dark to see into his car. They make a big deal about these crackdowns around here. A big mean diesel truck with a big mean bearded man with balls on his truck makes good aggressive driving footage even if escorting old ladies to bingo at 15mph. The facts be damned.



The weather is amazingly nice here in Omaha today so I drove the Camaro to work. Average speed; 85mph. Figured if I got pulled over I'd tell the cop I was just making sure I stayed away from everyone else; didn't want to get ticketed for being too close.





* my truck has balls, for real, hanging off the back

 

[DRR-24V]

Give Me A Break !!

Iv'e been reading these posts and keeping my mouth shut, but here goes. I worked the road for 24 years and never picked on any particular cars. Lets face it, people in Corvettes are more likely to speed than someone in a VW Bug. A fact of life. The man admitted he was following too close. As for negligent driving or whatever, we don't have that in Cal. If it is the same as our Reckless Driving, it is very serious and it would take a car chase just about to warrant that charge. We used the 3 separate serious violation rule before citing for Reckless. I was not there. Neither were any of you who are screaming injustice. I would go to Court and see what happens. It won't P/O the Cop as he will get O/T for it and he may have used the inappropriate violation and the Court may change or reduce it. Don't hurt to try.