Yep that is right, got a citation for "Excessive exhaust/smoke" last night. Cop was about a block and a half behind me when he turned on the lights, I pull over and wait for him. He gets me out of the truck, tells me to shut it off, and proceeds to tell me I am rude and discourteous to other drivers and, not to mention, polluting.

Best part, IT WASN'T ME!!

I was behind a guy at a stoplight, he takes off and lets it go. I guess because I am driving THROUGH it and my truck is a diesel, that means I HAD to have done it. I tried telling him but that went nowhere fast. All he would say is, "Well if you know this guy's name and address I will be more than happy to go give him a citation."

So here I am, waiting for Monday to call the court and setup a court date. I don't have any proof except a friend that was with me. I was told the cameras on the cars only come on when the lights are turned on, so he probably does not have anything that would either convict or exonerate me. Basically it comes down to my friend and I against his word.

If anyone has any advice I definately would appreciate it as I have never fought a ticket before, if it is my fault I am going to take the consequences but this time it was not me. Also, this is Texas FYI.

This is the second time I have been pulled over and ticketed, the first was in my Z71 for speeding. Another person was throwing out cups and trash at my truck. I passed them so they wouldn't and then they tried passing me back, I wasn't going to let them so we got up to a pretty high speed. The other vehicle was faster so he was passing me, I slow down and the cop pulls me over "because they always pull over the slower vehicle". I was still speeding so I took the ticket and called myself an idiot.

I guess my point is apparently it is better to be the guy in front if you are doing illegal things.

 

Last time I checked this was still the USA. They have to prove beyond a resonable doubt that it was you. You do not have to prove anything. Not that lawyers have friends, but do you know any as friends? Easy case for an attorney to win. If not try and get some legal advice as how to mount your defense. You state bar association should be able to tell you where you could get some free or resonable advice. I would not take the hit on this one as it will only make it easier for them to do it again.

Hondo

 

I wouldn't really say that's the case for traffic violations... This one sounds like You v. Badge, under which case the cop usually wins because he has a uniform. If he says that he saw you doing it, it was legally within his judgement and you'll have to prove that he's a doofus.

Unless you're really cute, I wouldn't think you have much of a case if the cop says he had a good view of you.

 

See this is the big problem. I would be more than happy to get a lawyer, but I am in college and totally broke. If they end up making me pay the ticket I have no idea how I am gonna do it.

 

If you have another vehicle to drive I would take that to the court house on monday. Dont want the cops to come out and ask you to stand on it. I imagine your truck would probly smoke em out with the 191s in it. Dont know any leagal advise other than make sure you dont stick your foot in your mouth in front of the judge. Ive never won anything in court but good luck!!

 

I know it looks bad but this is just stereotyping. Yes my truck is a diesel and yes it does smoke (if you want it to) but was I? No. So much for innocent until proven guilty, guess once a cop says "Yeah I seen it" it means it is the absolute truth.

 

As a college student you definitely have resources available to you. Do a little homework. I just retired after 12 years as a LEO. I know plenty of us that are Content edited by MEMBER. People have to start using their brains and sticking up for themselves. Please don't make political posts on DTR.

Hondo

 

Bingo! Give that man a cigar and vote Libertarian!

 

Not really true for this case. A cop can pull you over, and his statement saying that he witnessed you doing this is proof enough. It is up to you to prove your innocence. If you have no proof, it's his word against yours, and his will usually win, but it is all up to the judge. Or if you can find that he did not follow proper procedure, or did something wrong, that can help you out too. If you come with a lawyer it can show that you are trying to weasel your way out of a ticket, so being that this is a minor offense I'd show up without a lawyer and just respectfully tell the judge what happened. Hopefully the judge will see that you're being honest and drop charges. You can also bring up the curt statement that the cop said to try to gain sympathy, however you must remain respectfull and proffesional too. Just my 2 cents, I do occasionally have to work as baliff for our traffic court!

 

The cameras tape 10 sec before the lights come on

 

Yeah an actual judge here. But not in Texas where thar's a world of difference.

1. Hope that your speeding ticket was more than three years ago. Clean records give judges a point in your favor.
2. Fact is the cop (local? state? makes a big difference) was ONE AND A HALF BLOCKS AWAY.
Can not see past your truck, no how, no way from that distance.
If you weren't speeding (obviously) then it is to be construed that your truck smokes ALL THE TIME, in order to create this situation.( It does NOT, right?)
try this:
You were hanging back from the 1980s (whatever year) truck in front of you, cause smoke from it was getting sucked into your ventilation.
You have a friend to confirm this. detailed description of the other truck. You have never been involved in an accident so you are not really familiar with having to remember the license plate and details. My truck is right outside for your inspection, sir. I drove through that smoke, not created it. I can show the officer what RPMs I 'd have to push before that kind of smoke would appear.(or whatever your truck does).

no hat, clean jeans, button front shirt. lot of eye contact and
very firm on what did or did not happen. shake head no, say no way! for question on your truck smoking. do not be polite at that point. THAT is where
you emphasize. no blame on the cop; my guess is he was too lazy to run down the road for something trivial, wrong didn't matter- sounds like city cop.

that is my experience of listening to folks who I have to decide how credible they are within thirty seconds. Figure the cop wouldn't write the ticket if the event did not happen. that's an honest view from me, hope that helps. Listen to Hondo, we hate hillary Clinton.........can she immigrate to California begle?

 

Good luck with that.

It will come down to how much the fine will generate for the city, county or state. The more money the less of a chance you have.

I just went through fighting a false speeding ticket. I actually wasn't speeding because I had just went the other direction on the 4 lane highway and knew the cop had radar setup in the east bound lanes. Cop said to me after he wrote the ticket "I'm pretty sure it was you going 72 in a 55 zone". I saved that for last at the hearing, Judge ask Cop if he said that, Cop said NO. Gavel came down, $265 fine and points too.

 

Well the speeding ticket was around 3yrs ago, give or take. I have a recent parking ticket but that is all. I might make a point as to say that the cop wrote the ticket because it did happen, he just got the wrong person. OK maybe not as that sounds bad now as I'm reading it. But as to your qusetion about my truck smoking all the time, no. I have to try to get smoke, even full throttle clears out well after 2000 rpm, where i was at at the time in question.

 

I'm thinking (according to your description of the events) Nighttime, + Cop is a block away = How could he legally determine who actually made the cloud.

I am not a lawyer, but I did sleep at a Holiday Inn Express.........

 

Anyone listen to my point that as a college student he has many resources at his disposal? A little life practice. Give in if you want but I'd listen to Justwannabeme, she is exactly right. I have worked as a deputy in a major city and state court system. She is exactly right in how to handle this. Also to whowever edited my other post regarding political comments, I understand the effort to keep things from degrading to arguments. However I'd just like to know if it was one of the more liberal leaning moderators that axed it.
Hondo