Outrageous Police Behavior
 

Ok- so yesterday I got tagged by the police- he says I did not come to a complete stop at a stop sign just before my work.

Ok- this sucks. He writes me a ticket. $41

Ok- still sucks but not as bad.

Last night at 9:52PM. Yes, almost 10 at NIGHT my phone rings. Private name private number- and it's the officer who wrote the ticket.

He tells me there is a problem with the ticket. He says he wrote it for the wrong amount, and would I please write in the new amount and he would write it on his part? I asked what the difference was. Well, the fee schedule changed so the amount is $71 plus a $20 surcharge.

Excuse me?

I told him I would need to talk to my dad, who is an attorney, and would find out what I should do. Then I told him that it was almost 10pm and that I was going to bed so I would not be sleepy driving in the morning! He started stammering at me and I said thank you and hung up.

…and immediately called my dad.

He told me to make copies of everything and send the $41 in to pay the ticket.

Anyone ever seen or heard of anything like this. I thought it was crazy outrageous to call my home at that hour and ask me to write in an amount $50 more than HE put on the ticket!

Dear N~

Firstly, smooch !!!

Secondly, keep the original document and pay the $41 (make sure you enclose a copy of the original) ... I'd be mega-surprised if you ever hear any more again. That is, don't call in the calvalry until yah need's tah.

Love and hugs,

The Stoat XXX.

PS/ Will Bear and I get to see you next year???

Back in the day, the local cops would all share a list licence plate numbers of people that annoyed them. These people would tend to get written up for 1mph over, tail lights, any little thing, etc....

But I'm sure that type of thing does not happen now.

Bwahah, what a schmuck. I'm imagining him getting ready for bed that evening and suddenly it hits him - it should have been $71! Ooh, better call the station and get that lady's phone number, otherwise it's nothing but crap from the chief! Maybe she'll be nice enough to pay more! :rolleyes: Schmuck.

I'd be interested in hearing a legal ruling. If the fine for an infraction is set by statute then is that really overridden by error in writing the ticket? Especially if reasonable effort was made to inform you of the error?

I agree it seems sucky but I'm not sure the same policy applies here as at Safeway where they have to honor the printed price.

And I'm guessing the same principal would not be expected to apply if he had accidentally written $710.0 when he meant $71.00.

Nor would it at Safeway, though.

Yeah, I'm pretty sure you're responsible for the amount to be paid under the statute. The cop was lame to call you late at home, but probably trying to do a nice thing (for him as well as you, since he made an error) in making sure you didn't underpay ... and then get a warrant issued someday for an unpaid ticket.



Consult with an attorney, if that won't cost you more than the $50 difference (um, what's a $20 "surcharge?"). But be prepared to pay the full amount of the statutory fine.

Here you get a separate bill from the courts that tells you what your actual fine is. There is usually information on the back of the citation on who to call for more information.

Did ya miss the "called dad" part?

You know- the attorney :p

So what is his legal (and parental) opinion?

Pay the fine as listed on the ticket.

I'm a bit creeped out that he called you from his home (I assume), at night, rather than waiting until the next morning.

That's beyond everything else, and I agree with your dad. Not that I have any legal expertise behind me.

But, effing creepy!

The cop was trying to cover his a$s. He got back and his supervisor or a police clerk slapped him on the wrist. He called just so he could say he corrected the matter with his sergeant. Someone knew it would be a sticky matter...
I would contest it if the matter continues on after paying the $41.
If it does continue, write a letter to his commanding officer or whoever is above him. This letter will have to go into his file. Sometimes that's enough to make the matter go away. If not, there's a court appearance for you both, possibly, and the cop gets overtime for showing up. That part's sad, really.

yeah- calling me at almost 10 at night was entirely unprofessional and rude.

I understand that there is a court date for the citation? This would mean missing work but, if you could make it, wouldn't that be the time for you to argue the ticket in the first place? I mean, can you argue it?

I think that is odd that he called you at that time or really, at all. I don't see where it says what time you were cited but no one should have given him your number, period.

The fact that he made a mistake on the ticket, someone else could have called you about that. True, you may have to just pay it but there was no need to call you at night. Or that he call you. Is he a rookie and doesn't understand protocol?

Don't you actually receive a notice in the mail about the amount/and court date or is that ticket the only thing? Am I thinking about parking tickets?

Oh, and heard somewhere about a surcharge, too. WTH is up with that? In another state they were adding on a 'gas fee' because the city had used up their funds for gas.

Good luck, N.

He asked for my home # when he gave me the ticket.

However- nothing excuses calling my home at that hour.

Have you seen Unlawful Entry? If he shows up at your home, don't let him help you set up any security systems.

maybe he thought you were leaving the country the next day, and had to be contacted that night or else you'd get away.

You can try to pay just $41, but I think if the court doesn't want to accept your guilty plea to a crime whose sentence was misstated, they don't have to.

Yes. I am making that a priority.

Looked at the ticket again- not only is that amount written in, it is also the PRINTED amount listed next to the offense. $35 plus $6.20 surcharge.

So not only would he be claiming the amount is written wrong but the form is also wrong?

I don't think it makes a difference.

Fines were increased since the ticket was printed (the pre-printed part: not what the cop wrote).

Signs on freeways in California still say a carpool lane offense is $271.


The current fine is $1,068. The signs are everywhere, and no, you won't get away with paying $271.

Most freeway signs I've seen have been updated to read that the fine is in the mid $300 range. I thought it was $341, but it doesn't jive with what I am reading in my research right now.

I attempted to find something in the vehicle code about fines but have been unsuccessful so far. However, both Snopes and UrbanLegends.com both say that the $1,000+ fine is a bunch of hooey.



ETA: the published minimum fine for carpool lane violation in Orange County is $341.

I give up on the search. I do know that the HOV section of the CVC is 21655.5(b). Beyond that, I can't locate the fine.

I think he just wanted a date

He was an older guy- likely not a rookie cop and no, he did not even attempt to hit on me- lol

I think I do know how this happened though.

He called me again last night around 9:15pm. Told me he had been thinking about it all night and decided since it was his mistake that I could send it in at the $41.

I thanked him for that- and then it hit me and I asked- do you work nights?

Yes, he works graveyard. We chatted about the ticket. I told him I was very careful at the stop sign and asked if it was him sitting there yesterday morning- and it was (and since he did not pull me over I guess I did it right this time)-

I suspect that when he gave me the ticket it was the end of his shift- when he came in that night he saw the error and called me- because it was the start of his "day".

So- issue resolved. I will send in the discounted fine and all is well.

Thanks for all the advice!

Is he cute?

decidedly no