Impeded Operation & Op w/o seat belt - Massachusetts

[rezb]

Jurisdiction / State: Massachusetts

Today driving in to work I was stuck in traffic, bumper to bumper, non-moving traffic. I took a bite of my toast while an unmarked officer drove by and slowly nudged in behind me to pull me over with his blues on. I always wear my seatbelt, I'm originally from NH and you don't have to wear it there, but at the time of him pulling me over I did have it on. When asked to get my license and registration-- I unrestrained myself to open my glove box and hand it to him. At this point I still was completely unaware as to why he pulled me over. He said I should not eat while operating a vehicle, and I apologized, but had never seen this before as a problem and still didn't. It was a piece of toast afterall.. what's the harm? Especially in non-moving traffic. It was not distracting any operation of the vehicle either, which is why I didn't think this was the reason he had pulled me over for.

The violations were for: Impeded operation, and operation without a seat belt. I was not operating my vehicle without my seat belt. When I mentioned to him that he saw me remove it to gather my information, he said "Fight it on court." I had my belt on at all times until he saw me remove it to get my information. The other violation I assume is for me eating toast? I don't honestly know how this was something that was distracting to my driving as it was clearly not. I've seen people shave, do makeup, text, etc. but what's the specific problem with this? How do I fight something like this and what are my chances? I'm absolutely baffled by the seat belt thing and I feel that is something he just threw on there to get me. I'm unsure exactly what to say/do. I just don't want to pay for something that I didn't do. Please help me.

 

[army judge]

Jurisdiction / State: Massachusetts

Today driving in to work I was stuck in traffic, bumper to bumper, non-moving traffic. I took a bite of my toast while an unmarked officer drove by and slowly nudged in behind me to pull me over with his blues on. I always wear my seatbelt, I'm originally from NH and you don't have to wear it there, but at the time of him pulling me over I did have it on. When asked to get my license and registration-- I unrestrained myself to open my glove box and hand it to him. At this point I still was completely unaware as to why he pulled me over. He said I should not eat while operating a vehicle, and I apologized, but had never seen this before as a problem and still didn't. It was a piece of toast afterall.. what's the harm? Especially in non-moving traffic. It was not distracting any operation of the vehicle either, which is why I didn't think this was the reason he had pulled me over for.

The violations were for: Impeded operation, and operation without a seat belt. I was not operating my vehicle without my seat belt. When I mentioned to him that he saw me remove it to gather my information, he said "Fight it on court." I had my belt on at all times until he saw me remove it to get my information. The other violation I assume is for me eating toast? I don't honestly know how this was something that was distracting to my driving as it was clearly not. I've seen people shave, do makeup, text, etc. but what's the specific problem with this? How do I fight something like this and what are my chances? I'm absolutely baffled by the seat belt thing and I feel that is something he just threw on there to get me. I'm unsure exactly what to say/do. I just don't want to pay for something that I didn't do. Please help me.

You can investigate traffic school.
You can consult, maybe ire an attorney.
No one, I repeat, NO ONE beats these traffic citations; not even rich ones, pretty ones, ugly ones, short ones, tall ones, thin ones, poor ones, beggar men, or thieves, no one.

You can, under the right circumstances reduce the pain.
That involves hiring an attorney and seeking a plea bargain or bargains.
It'll be your word against the word of a sworn, trusted, law enforcement officer.

Yeah, I know, but its the truth!


Good luck.

 

[mightymoose]

I beg to differ. Last time I was in traffic court the four officers before me went down in shame for being unable to adequately support the citations and they were dismissed.
If you were to argue this in court and the officer agreed about the traffic conditions, he would have to explain how your operation was impeded at that time.
If you feel you were wrongly cited don't be afraid to appear in traffic court and argue your case. It isn't hopeless, just a hassle.

 

[army judge]

I beg to differ. Last time I was in traffic court the four officers before me went down in shame for being unable to adequately support the citations and they were dismissed.
If you were to argue this in court and the officer agreed about the traffic conditions, he would have to explain how your operation was impeded at that time.
If you feel you were wrongly cited don't be afraid to appear in traffic court and argue your case. It isn't hopeless, just a hassle.

Good for you, M2.
I've seen that happen fewer times, than I've seen the other result: GUILTY, now go pay up!
But, good and bad stuff does happen.

 

[rezb]

I appreciate your replies. I intend to fight this because I felt I was wrongly accused on both of my supposed violations.
I'm actually offended by the fact that he accused me of not wearing my seat belt when I am somebody that bugs people to wear it. I just don't believe that he was oblivious to the fact that I unbuckled right in front of him to retrieve my information. I feel extremely unlucky, which is what led me here.
Had I agreed with the situation I would have been OK with it, but I just don't think this is right in any way. If I am able to present my case with the traffic situations as they were I think I may be OK... had I been driving at 60+ mph reaching for food I think that would have been inexcusable, but my situation is marginally different. Then the belt thing right on top of that just makes this completely absurd. Considering it is something that may not go my way since it will always be my word against an officer's and in this case and it was his horribly used judgement that may make me pay this fine.. I am very upset about him doing his job to a terrible degree.

 

[army judge]

I appreciate your replies. I intend to fight this because I felt I was wrongly accused on both of my supposed violations.
I'm actually offended by the fact that he accused me of not wearing my seat belt when I am somebody that bugs people to wear it. I just don't believe that he was oblivious to the fact that I unbuckled right in front of him to retrieve my information. I feel extremely unlucky, which is what led me here.
Had I agreed with the situation I would have been OK with it, but I just don't think this is right in any way. If I am able to present my case with the traffic situations as they were I think I may be OK... had I been driving at 60+ mph reaching for food I think that would have been inexcusable, but my situation is marginally different. Then the belt thing right on top of that just makes this completely absurd. Considering it is something that may not go my way since it will always be my word against an officer's and in this case and it was his horribly used judgement that may make me pay this fine.. I am very upset about him doing his job to a terrible degree.

Just so you know, its been alleged that police do lie.

In fact, a noted Harvard Law School Professor wrote a book about that subject, he coined the phrase "TESTILYING", LOL:





http://www.thecrimson.com/article/1995/4/12/dershowitz-appears-on-community-tv-plaw/




http://www.taipeitimes.com/News/editorials/archives/2000/09/07/0000052329



http://books.google.com/books?id=qh...rofessor dershowitz police testilying&f=false






http://www.constitution.org/lrev/dershowitz_test_981201.htm



http://www.constitution.org/lrev/slobogin_testilying.htm