oh i'm sorry. i guess my 7 years of police experience taking 1000s of sworn statements for misdemeanors has been all wrong. i'm glad you pointed that out to me.

gee, i guess they should just do away with police academys and state bar exams and just have you go out and get a bunch of tickets; then you can officially be considered a legal expert.

not the "my brother/sister/uncle/aunt/dad/mom/friend is a cop and he/she said...." comment again...

how would you get your *** chewed for arresting someone on a good warrant?

no they don't. there are only a few reasons in which you can sue a governmental entity and this is not one of them.

now who's the idiot?

 

Actually guys Domestic Violence is correct.

They can issue a warrant on a sworn statement.

The police were in no wrong other than they just **** me off in the past and currently. No exaggeration they really do f*ck with people here. They may not be cops that are worth a sh*t that wont even try and take care of our drug problem. but they were within the law.

As for me getting my money back. I will. See if i wouldnt have posted bail for the Wreckless Driving they could have gotten away with me sitting in jail to pay those fines out. Saying i was just sitting there on the wreckless charge. But i posted bail on that Tuesday.

And i can get my money back from sitting in jail, because i had in fact already paid that ticket and i have the receipt.

Domestic i for one do not hate you or your job. I wanted to clear that after i saw you said people hate you on the boards. Im a huge supporter of law enforcement. I just hate to see such a waste of its money in my hometown. They honestly do nothing more than be traffic cops.

And our drug problem is horrible here. Yet if you read our paper about who all has been arrested. you will never see anyone arrested solely on drug possession. The only time they will get busted for that is if someone is smoking bud in the car. Seriously

 

you should get your money back since you've already paid the fine. reckless driving is a little more than just a simple traffic offense because the punishment can include jail time, where a class C misdemeanor only carries a fine (unless it goes to warrant and even then you can still be arrested for traffic offenses).

you are in the minority, but thanks.

most drug dealers don't invite the officers in their house for a look. traffic stops are the most effective way to arrest narcotics violations. it is a little more complicated than that, but traffic is the core for a drug arrest. most of my drug arrests come out of simple traffic stops.

 

they can issue a warrant on sworn testimony. i did it to a guy that lives not to far me. he had a 7 second mustang and got it out halloween night and was drunk (which i didnt know at the time) and was racing it up and down the streets. and there were kids out tricker or treating. this was all infront of my house. my nieghbor took out his 270 (deer rifle) and tried to kill him because he ran up in his yard and almost hit some kids. he made sevarl passes in front of my house. runing the stop sign where to hwys come together.

so i go in the house and call the cops. (its asmall town we only have one cop). by the time the cop gets there and i tell him what happen. he gets on his cell phone and call the jp (justice of the peace) get a verbal warrant. (which i had never heard of) goes to the guys house walks in and jerks him out of bed. and aressted him. and that warrant stood up in court. all from just what i told the cop.

you should have seen all the bullet wholes in that car.

they said it was reckless endangerment, plus alot of other stuff

granted this case is a little worse that yours, being that you say you didnt do it.

there are some issues in your story that if they happen to me i would fight back to.

if the cops have daughters get them all pregnant. to me that pay back enough.

most of the time when people or groups of people do crap like this to one single person its becuase they think they wont fight back.

 

you can also be arested and serve jail time for just 20 mph over the posted speed limit. so if your going 50 in a 30, in town you can get arested and serve time. you can take defenceive driving for 25 mph or less, but defencing driving is a privilge not a right, and can be taken from you by the jugde for a number of reasons.

and a lot of the time cops do go to drug dealers house..... to pick up there cup of the money.

good luck keep us posted

 

in texas you cannot be arrested for speeding. it says you must allow the violator to sign a promise to appear. now if you refuse to sign the promise to appear, or you don't appear and take care of it, then you can go to jail.

speeding and open container are the only two where you must be given a promise to appear.

 

20 mph over is considered wreclkless driving therefore you get arested for speeding. you do not get arested for wreckless driving, you get arested for speeding. its just the way they justified it.

anything over a 100mph, in texas, you automaticly go to jail, (supose to anyway) alot of officers wont. becuase of all the paper work. and the posibility you will fight the case. and they will have to appear, as a witness to you doing a 100 mph. this is why you hear of people saying well the cop wrote the ticket for 90 in a 70 when i was really doing 105. if he writes it for 90 in a 70 you can still take defencive driving. see they still write the ticket no court apearance (unless you fight it) and they get paid they same amount and not have to do the paper work, and go to court.

i have been down this road with a attorney and i still lost. when i comes to the laws regaurding speeding most people dont know what they think they know. MY DAD EVEN TOLD ME I WOULD LOOSE.

let me ask you a question regaurding texas traffic laws. when you exit the hyw on the exit ramp there is a sign thats yellow what does this mean if it says 45 mph and you coming off of a 70mph zone.

DOMESTICVIOLENCE:....YOU NEED TO KNOW WHAT YOU TALKING ABOUT, BEFORE YOU SAY SOMEHTING.

I TEND TO KNOW ABOUT THIS SUBJECT SENSE MY DAD IS DEFENSIVE DRIVING INSTRUCTOR. AND A LOBBYIST AGAINST INSURANCE COMPANIES.

 

you CANNOT be arrested for speeding. can i make it anymore clear than that? do you need the actual wording from the book?

you cannot be arrested for speeding and there is absolutely nothing in the texas transportation code that says "anything over ??? mph and you get arrested." there is no specific speed for reckless driving. it is up to the DA as to what actual criteria need to be met before they will accept a case for reckless driving. in tarrant county, you must have 3 traffic offenses in the same episode before they will accept it as reckless driving. i've seen speeding tickets written for 140 mph in 60 mph zones.


you apparently don't.

i'm just going to take a wild guess here, but i think i'm way ahead of you in this game.

and this makes you a legal expert because.....


one more thing...might i suggest http://www.m-w.com

 

Sorry but the government falls under the same law as every other business or person, and in most big cases the court will decide for the citizen, and I would make a big deal out of this, but I do with anything anyway. Ever heard of Tort? Or contract law? Government can be sued for committing a tort or by violating contract law. And it isn't the government, it is the employee, and the government employes the employee and the employer is responsible for the employee when the employee fu(ks up.

Understand?
An emplyee of the government can't go out and break the law.

Violation of contract you can sue, you could probably sue and get punitive damages under tort as well, considering they seem to have a problem out there.

You can sue the government, the problem is most people don't think they can, or they are intimidated. It is something that bothers me, but I consider my self fairly right winged.
Another problem is the "good ol' boy system", of courts and lawyers. You can add in the police too.

And on a funny side note I read long post on officer.com about ways to avoid getting sued when arresting someone on a warrent.. it was pretty dam funny , I am glad someone directed me there, a couple of my friends who are police officers use that site.

 

i am not even going to get into this one

word of advise to you all drop it

your not going to change anyones mind

 

And for the dude who got arrested. You need to plead not guilty if this goes to court. You'll win anyway..
I would get down to the bottom of it and find a way to sue someone . That **** wouldn't happen to me. I would find out who turned me in, or I would get evidence that the cops or local government was really trying to screw you over, if they really were.
If the person who turned you in did it out of malice they would be screwed. They can get into deep crapola if they do something like that.

 

Bah-ba sheep... Why wouldn't you change anyones mind? I just went and corrected a few people's mistakes about how the law works...





It's a good debate anyway. Better than the mustang vs camaro crap I see everyday .

 

local governments cannot be sued on a clerical error. it's the same as if they arrested the wrong person. you would have absolutely no recourse. as far as the state, they actually have to give you permission to sue them.

i am a regular on officer.com and have met several of them personally.

 

I agree it is a nice change in topics. though i hate to have been the guinea pig for the topic

Anyways im waiting on my trial date to be set which will probably be in like 3 months.

O btw DV where do you work at? Just curious i have friends and family in the LE area all over texas.

 

good luck with your trial.

THIS is where i work.