What you do is the same thing you do for every other ticket you don't agree with. Say that you want a trial with officer present, and request your disclosure for the evidence that will be offered at the trial. You have you and your sister as a witness.Ghostst wrote: ↑Feb 8th, 2018 8:33 pmHi.
On Tuesday I was involved in an incident with a officer conducting a traffic violation with another motorist. The officer had pulled over the motorist in a right turn lane marked "no parking, no standing" also happened to be a bus stop and the right turn I need to take to get home.
In my car is my sister and her 7 month old daughter in a baby seat. I see the officers vehicle and come to a complete stop behind him, in the lane beside him. Cars are driving by in the left most lane. I slowly edge forward, stopping after a foot each time I do so and trying to show him I'm proactively taking steps of due dilligence. The officer is walking back from the other motorists window, he never signals me to stop or to go. I still slowly edge forward, foot always on my brakes, wondering when it will be ok to pass.
As he walks between my car and his cruiser he pushes in my side mirror and slams on my rear passenger window where my 7 month old niece is sitting. My vehicle was at a full stop. He's wildly gesturing as if to say I'm too close. He does not tell me to pull over.
Not wanting to deal with a cop who's already assaulted my vehicle, I slowly edge forward. He still hasn't made any command to stop or pull over. I want to get off the street as to avoid any chance of being rear ended. No command to stop. I assume he's having a bad day and I drive home around the corner.
30 minutes later someone is smashing on my front door to my house. I answer and lo and behold it is the same cop. He demands my identification and says "you hit me" I tell him I did not, and that he punched in my mirror. I tell him I won't show him my info until he calls his supervisor here. He threatens to arrest me as I stand in my house if I do not provide my info, and orders me to hang up my phone (boyfriend was on speaker as I was explaining to him about what had happened on the road.) I do and request his supervisor again.
He comes back with "failure to move over if safe to do, and a careless driving" tickets. And says "if you want to talk to my supervisor, call him."
After my boyfriend speaks with the supervisor, he tells him that he'd like to speak with me. I call him, he claims that he's seen the video and can see my car hit the officer with the mirror. I tell him that's impossible and he should clearly be able to see him striking my car.
He says the camera angle is too sharp and he can't see it but he can hear thuds on the car and he believes me. He explains my course of action and tells me to talk to my boyfriend and discuss what we want to do. I relay the talk to my boyfriend.
My boyfriend calls the supervisor again, wanting to clarify the evidence they have. The supervisor now says that he CANT see my car at all during the incident, and can only see it pull away with the mirror pushed in. He also admits that his officer did hit the vehicle but "did it to get you to stop". His officer also claims that he said "stop" but can't hear it or see and gesture of a stop command while the officer approached his cruiser. Both my sister and I were in the car and both of us know without a doubt that our stopped car did not hit the officer.
I don't know what to do.
Frankly though, it sounds like there was very little room between your car and the officer's car, and you should have merged into the left lane (at least partially) to get by, rather than "squeezing" through. But your big concern should be the careless driving charge, so you can hopefully get that thrown out and then just have to deal with the "failure to move over" or whatever that charge was. Post the actual infraction number if you'd like more help.