Sunday, February 7, 2010

Can a police officer give me false information?

I was pulled over and received what I was told was a ';minor citation.'; The officer told me three separate times that there would be no points on my record, and no license suspension, it was just a fine. I pled guilty, by his advice, and one week later received a notice of license suspension in the mail. Is this alone enough material to win the case?Can a police officer give me false information?
It may not have been a matter of a lie or not.





You were foolish to take the cops word on the matter, at the point of trial they are the plaintiff and your the defendant.





Do you think the plaintiff is going to help you defend yourself?





Do not take legal advice from anyone but a lawyer in the future and certainly not form the opposing legal side.





Can they lie? Depends on the circumstances, not sure this was a lie or a misunderstanding of the legal process on the cops part (again he is not a lawyer and as such legal advice from them should be suspect anyway)





Lastly this will not help you on appeal at all. The court will site all the things I just listed and deny the appeal. (more than likely).





Good luck to you in the future. Remember if there is a legal question, consult a lawyer!Can a police officer give me false information?
He shouldn't give you false information.





Why do you think it was intentional?





Can you PROVE BEYOND A REASONABLE DOUBT IT WAS INTENTIONAL???





No you can't.





It could have easily been a mistake on his part OR on your understanding of his instructions.





Licenses are not suspended over one ';minor citation'; anywhere in the US.





Most likely you either received other citations before or after this citation that exacerbated the situation unknown at the time to the officer. Whose fault is this situation in the first place?





Take responsibility for your own actions and driving and none of this would have happened in the first place.


It's called BEING A GROWN UP.
He didn't lie, he answered based on incomplete information. Your license was not suspended SOLELY on the basis of the citation he issued you. It was suspended based on ALL the citations you have received over the past few years. The officer was not aware of your entire record.


YOU did not plead guilt by his ADVICE, because he did not GIVE any advice. You decided based on you understanding of his STATEMENTS.





Also note: Changing your mind in NOT grounds to appeal a guilty plea.
You should request your discovery. If he told you this during the traffic stop it is probably recorded. You can request a copy of the officers in dash cam from your traffic stop. Cops usually wear a microphone on them that turns on when they turn their lights on. Maybe if you present that audio with your appeal they may allow you to have another trial but you may have lost the ability to plea to a lesser ticket. You should never plead guilty to a ticket. There are always other options.
Well, you shouldn't have plead guilty in the first place... you should PLEAD GUILTY WITH AN EXPLANATION! whatever the officer gave you the fine for, he should have explained to you, and yes it is illegal for a police officer to give you false information, his name and badge number should be on the ticket! EXPLAIN TO A COURT AND JUDGE!





HOPE ALL THE BEST! :)





MCorporalAdams
They can do anything they want to do unless you have it on tape these days! Its a persons word against a ';police officer';. Cops can be trusted for everything! Yeah freakin right!!! Oh and I knew a cop, personally, that sold a lot of a certain something, and he was one of the most respected cops around the city!
Police is not there to offer you legal advice, plus you are not required to answer their questions without the presence of an attorney. You shouldn't answer or plead without the presence of an attorney, remember anything you say can be used against you. Just say ';I have nothing to say until I speak to my lawyer/consul';





Good luck with your appeal!
Don't you know by now, government right hand don't know left hand is doing. For example,me, government ask for taxes payment plus interest fine that is already paid few months ago. I go to bank got a copy of check, that end it.
No, you're sunk.


The citation specifically stated your rights and the possible penalties.


You should have read it.


Sorry.
cops never ever lie

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