Legal Help: Police Intimidation

[Dang]

I need some help from you guys. I don't post here often but I've lurked for many years.

On August 22, 2008 I get pulled over and get a speeding ticket from a police officer for going 82 km/hr in a 60 zone. However, this was on Country Hills which was under construction but still showed a sign that had a speed limit of 80 km/hr. The police officer tells me that he clocked me going over 100 km/hr at some points.

I take some pictures of the 80km/hr sign and decide to go to court and set a date for this coming Friday. Tonight, the same police officer shows up at my door and asks me if I still intend to go to court on Friday. I say yes and then he pulls out another speeding ticket for going 104 km/hr on that same night! He says that he was letting me off easy for the 82 km/hr and since I've decided to take him to court he's going to issue me this ticket now.

Before he leaves, he says that if I decide to pay off the original 82 km/hr ticket and cancel the court date, he won't "put in" the 104 km/hr ticket into the system.

To me, it seems like the police officer is threatening me with a second ticket if I go to court to fight off the first one.

Is it legal to receive two tickets for the same offense? What advice would you give me in this situation? Should I go to court? File a complaint? Get a lawyer?

Thanks everyone for their help. I still can't believe this just happened to me.

[stang]

wow that doesnt seem right

[habernac]

I'd get legal help.

[STeeLy]

see if troutman has any advice

[rubecube]

*waits anxiously for the "cops are never wrong" crowd*

[killer_carlson]

That sounds unbelievable. Quite frankly, I doubt it's true. No one can be that stupid.

However, in the event you are telling the truth, I'd be sure to testify to what just occurred at trial on Friday. Be sure to get all sorts of details of what he was wearing, what time it occurred, and anyone else who may have seen him come to your house. Get the neighbours if you have to.

[CMPunk]

This seems a tad odd. The officer would have to submit the 2nd ticket stating the date and time of the offense. If it was for the same time as the first ticket, then I'd just show the judge the first ticket with the original time and date on it and they'd probably throw out the 2nd ticket

[ricosuave]

wow, let us know how this turns out!

[octothorp]

I have no idea of the legality, but it definitely doesn't seem right. Can a police officer give out one ticket and then retroactively issue a second that contradicts the first?

[CMPunk]

Originally Posted by octothorp

I have no idea of the legality, but it definitely doesn't seem right. Can a police officer give out one ticket and then retroactively issue a second that contradicts the first?

Highly doubtful. There's something fishy about all of this

[Dang]

Originally Posted by octothorp

I have no idea of the legality, but it definitely doesn't seem right. Can a police officer give out one ticket and then retroactively issue a second that contradicts the first?

I asked him this and he said he has the right to issue a ticket within six months of the original offense. Didn't mention anything about contradicting the first.

From what I know, a person cannot be convicted of the same crime twice (double jeopardy).

[jammies]

Originally Posted by Dang

I take some pictures of the 80km/hr sign and decide to go to court and set a date for this coming Friday. Tonight, the same police officer shows up at my door and asks me if I still intend to go to court on Friday. I say yes and then he pulls out another speeding ticket for going 104 km/hr on that same night! He says that he was letting me off easy for the 82 km/hr and since I've decided to take him to court he's going to issue me this ticket now.

Do the tickets have the exact same date and time? Personally I'd go to a lawyer for advice, but that's because my brother is one and it wouldn't cost me, so with that in mind...

If I decided AGAINST a lawyer, I'd go to court on Friday, bring both tickets and explain to the court what happened exactly as you've said here. If nothing else, the entertainment value of the cop's face (if he shows) would be worth it. I also think that the court would have authority to quash one of the tickets immediately, as I agree with you that you can't be charged twice for the same offence. One ticket should supersede the other.

[Dang]

Originally Posted by killer_carlson

That sounds unbelievable. Quite frankly, I doubt it's true. No one can be that stupid.

However, in the event you are telling the truth, I'd be sure to testify to what just occurred at trial on Friday. Be sure to get all sorts of details of what he was wearing, what time it occurred, and anyone else who may have seen him come to your house. Get the neighbours if you have to.

It's true. If you don't believe me I can scan in both tickets with the same date and both speeds and email it to you. The officer even crossed out and initialled the portion of the second ticket that states "...certify that I served an Offence Notice personally upon the person charged on the offence date". The underlined portion was crossed out.

[jar_e]

Originally Posted by Dang

It's true. If you don't believe me I can scan in both tickets with the same date and both speeds and email it to you. The officer even crossed out and initialled the portion of the second ticket that states "...certify that I served an Offence Notice personally upon the person charged on the offence date". The underlined portion was crossed out.

The underlined had to be crossed out because it would have been served on an affidavit since it wasn't on the offence date.

[TheyCallMeBruce]

This definitely isn't right. Let me talk to my cop buddy and see what he says. Only problem is I don't see him till this sat since he's out of town right now.

[BlackArcher101]

Wut? Double Tee F?

Can you scan both tickets, cross out the names and addresses of those involved and post em up? I'm curious as hell to see what this cop was thinking.

[mrdeeds]

Originally Posted by rubecube

*waits anxiously for the "cops are never wrong" crowd*

Won't come from me.

I remember the cops stopping my buddy and I for suspected drunk driving. While my buddy (driver) was being questioned outside the car and I was in the passenger seat, the other cop mysteriously found a bud of pot by my feet and used it as an excuse to search the entire vehicle. Funny thing is, neither of us had ever smoked pot at that time. It's a little scary how they can just pull crap out of their sleeves sometimes. For the great good I guess.

That is obviously not right.

I don't see what his motivation could be for doing that. Maybe he has holiday time booked and the court date was in way?

[CMPunk]

Originally Posted by Bent Wookie

That is obviously not right.

I don't see what his motivation could be for doing that. Maybe he has holiday time booked and the court date was in way?

The court date would be overtime, so why would you not want to go?

[jammies]

Originally Posted by CMPunk

The court date would be overtime, so why would you not want to go?

Maybe he is going away on vacation.