Dishonest cop

[dorience]

I was pulled over for driving 58 in a 45 mph zone. When asked for proof of insurance, all I could provide was an expired insurance card. The offcier told me then that he would only write me up for failing to show valid proof of insurance. He said that I just had to show up to court and show a valid insurance card and that the charge would be dismissed right away. Just then, I remembered that my new insurance card was in my glove compartment. Smart move... Whe he came back a few minutes later, he announced to me that he now had to write me up for speeding since I was able to provide proof of insurance.
Is this legal? I am disputing it because I don't believe his "mind change" was ethical, let alone legal. Do you think I stand a chance? If so, how should I present my case?
Thank you.

 

[seniorjudge]

Q: Is this legal?

A: Yes.

 

[CdwJava]

When asked for proof of insurance, all I could provide was an expired insurance card.

And this is not valid proof of insurance.

He said that I just had to show up to court and show a valid insurance card and that the charge would be dismissed right away.

That's usually how it works.

Smart move... Whe he came back a few minutes later, he announced to me that he now had to write me up for speeding since I was able to provide proof of insurance.
Is this legal? I am disputing it because I don't believe his "mind change" was ethical, let alone legal. Do you think I stand a chance? If so, how should I present my case?
Thank you.

Yes, it is legal. Even if not proper, it is still lawful as that was the cause for the stop. It appeared that he was intending to cut you a break and issue only the correctable violation. When that was rendered moot, he issued the citation which he observed. There could be any number of reasons for this, and it might have to do with policy consistent with a philosophy of: You stop it, you cite it.

I can honestly say that if I told you I would only cite you for the insurance issue and it was settled, I wouldn't come back and issue the speed violation ... unless, of course, I believed you snookered me into making that pledge.

You can mention this to the court and maybe they will take pity and find you not guilty or provide a minimal fine. On the other hand, the court may simply frown at the officer and declare you guilty.

It is impossible to predict how a court might take it.

If you intend to fight the speed violation, consider consulting an attorney that specializes in traffic defense. Doing it yourself is often a recipe for disaster.

- Carl

 

[Robbie]

Did you have any previous convictions? If so, he might have pulled your record and changed his mind based on that.