I need some advice from people who may have experience with this type of thing. I was pulled over yesterday in Nicoma Park, OK (small town in Oklahoma) for an expired tag. I was issued a citation and sent on my way. And yes, the tag is expired I do not deny it. I did not realize that until today though. I plan to pay the fine to the City of Nicoma Park.
And then 4 miles down the road (on a Sunday afternoon) my family and I came to the intersection at the same time as an OKC police officer. The police officer was to my right. We made eye contact in the intersection and we waived each other on. I rolled my eyes when I realized he was going to make me go first. I rolled my eyes because I was frustrated that I had just received a ticket for an expired tag and didn’t want another cop driving behind me again. I am certain this pissed him off. Then after passing the intersection he pulled me over.
He issued me another citation for an expired tag, even though I showed him I had just received a ticket for the same thing (the tickets were officially issued 12 minutes apart). Secondly, and more importantly, he completely fabricated another violation. He said I stopped in the wrong spot in an intersection, which was completely bogus. He wrote me up for a “Hard stop in intersection”, which again is a complete lie.
I was wrong to have an expired tag and to roll my eyes, but he lied and went on a power trip. What should I do? Should I file a complaint of officer misconduct? Is there a way to fight the tickets before going to court? Any general advice?
Of course, as far as I know I can’t prove that I properly stopped at the stop sign.
You learned a valuable lesson, valuable meaning worth paying good money for. And you learned it very cheaply, too. You now know, on a practical level, much that is being taught here and at lewrockwell.com. You have experience.
Of course, maybe you need to learn another valuable lesson, mainly what happens to someone who invests his time and money in going to court against a cop. In that case, go for it.
That sucks, man. If I can think of one piece of advice, it would be to show up in court to fight it. You might get the second expired tag citation stripped away, but you’d still have the first one and the ‘hard stop in interesection’ citation. A lot of time, though, the police officers don’t show up to the court date and you can walk free. Since he ruined your day, you may as well ruin his by making him drag himself all the way to the court room.
Is there a way to fight the tickets before going to court?
I’ve heard that you can return the ticket with a request for clarification, (like, “do I have to respond to both of these tickets, since they’re for the same violation?”- or anything you don’t understand about the process or charges), and that legally then the ball is in the city’s court - you can’t be fined for contempt, because you’re communicating with them in good faith, and they can’t make you pay until you’ve had due process. Its best to reply to them through a notary public, because then there is an official record of your good faith effort to go through the proper legal procedures.
My understanding is that at this point cities usually just drop the issue rather than respond to your request for clarification, because it’s too much trouble for them.
Never tried this myself I must add and it’s just something I’ve heard.