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Advice: Ive just been stopped by the police.

Advice: Ive just been stopped by the police.

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Old Dec 2nd 2008, 12:45 am
  #16  
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by mickybrit
True it was a no win situation, I'm doing 40mph, the cop is doing 40 mph behind me say 40 feet behind me, the school bus driving along decides to stop flashes its lights. Which is safer to carry on driving with no risk to anyone or emergency brake probably aqua plane past the bus anyway, skid into the bus, have the cop car crash into the back of me.
Most school buses are designed to flash yellow lights before the red ones kick in. It's not necessarily a crime to pass one with yellow lights flashing, but red ones are definitely a stop.

If you were doing 40 in a 40 on a slick road and unable to stop in time, you were driving 'unsafe for conditions'. The speed limit is 40 or 'safe for conditions'. You can be ticketed for driving too fast ("unsafe for conditions") if the conditions (such as rain, sleet or snow) warrant that you drive slower. Should you argue it was unsafe for you to 'slam on the brakes' the response from the police (which will be accepted by the judge) was that you were driving 'unsafe for the conditions'. In fact, it might have been better to have the cop slam into you (great big lawsuit, and the rear ending car is always to blame).

If this was upstate NY or some rural area, you might expect to see the cop in court if you contest. If this in an urban area they might be too busy with other things.

There are some lawyers who specialize in traffic stuff if you want to fight it. Wouldn't cost that much. Of course a default win (cop no show) is probably your best hope.

Good luck.
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Old Dec 2nd 2008, 1:21 am
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by penguinsix
Most school buses are designed to flash yellow lights before the red ones kick in. It's not necessarily a crime to pass one with yellow lights flashing, but red ones are definitely a stop.

If you were doing 40 in a 40 on a slick road and unable to stop in time, you were driving 'unsafe for conditions'. The speed limit is 40 or 'safe for conditions'. You can be ticketed for driving too fast ("unsafe for conditions") if the conditions (such as rain, sleet or snow) warrant that you drive slower. Should you argue it was unsafe for you to 'slam on the brakes' the response from the police (which will be accepted by the judge) was that you were driving 'unsafe for the conditions'. In fact, it might have been better to have the cop slam into you (great big lawsuit, and the rear ending car is always to blame).

If this was upstate NY or some rural area, you might expect to see the cop in court if you contest. If this in an urban area they might be too busy with other things.

There are some lawyers who specialize in traffic stuff if you want to fight it. Wouldn't cost that much. Of course a default win (cop no show) is probably your best hope.

Good luck.
The "cop no show" would be ideal, but I'm not too risky these days.

I saw the yellow lights flashing, but the cop has red lights written down. I think I will plead guilty to yellow lights and write a statement of explanation.

The thing is I reckon I'm one of the better drivers around here. Some of the driving is atrocious.
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Old Dec 2nd 2008, 1:28 am
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Default Re: Advice: Ive just been stopped by the police.

In the interim, are you okay to drive? Can you go to the police station (by bike or bus!) and ask for clarification? They might not know. But at least you've shown good faith in trying to clarify the situation.

If you continue to drive and get stopped again, that might be more serious.
Maybe give the cops a call?
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Old Dec 2nd 2008, 1:40 am
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by Octang Frye
In the interim, are you okay to drive? Can you go to the police station (by bike or bus!) and ask for clarification? They might not know. But at least you've shown good faith in trying to clarify the situation.

If you continue to drive and get stopped again, that might be more serious.
Maybe give the cops a call?
The cop said I couldnt drive with my uk license because its not a international one, and now looking at the web articles it says a international one is no good and my uk one is good. Mmmm confused.

The cop told me to go and get a NYS license, which I have to have a social security number to get one.

Immigration called me and said they had been overloaded and I would hear from them in a couple of weeks and in the mean while get a job because I'm being processed, but I dont have a social security number to give to my boss.

I think I will call the DMV and see what they say.
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Old Dec 2nd 2008, 1:41 am
  #20  
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by mickybrit
The "cop no show" would be ideal, but I'm not too risky these days.

I saw the yellow lights flashing, but the cop has red lights written down. I think I will plead guilty to yellow lights and write a statement of explanation.
If you do write a statement, you should mention that the police car was trailing you or 'tailgating' at a speed similar and also ran the school bus lights (did they). It would help negate the unsafe speed claim if you can say the cop was 'pushing you' to a certain speed.
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Old Dec 2nd 2008, 1:52 am
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by mickybrit
The thing is I reckon I'm one of the better drivers around here. Some of the driving is atrocious.
Yes, I think you should show up in court with your fanciest British accent and explain the whole thing. Right down to how you don't really live here yet. And you think our school bus drivers are liars who are out to trap you in front of the cops. Add in the part about how you think the whole school bus light thing is stupid and provincial (ok I made that up) too, I think it will help.
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Old Dec 2nd 2008, 1:58 am
  #22  
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by mickybrit

The cop told me to go and get a NYS license, which I have to have a social security number to get one.
If you came over on a K1, why don't you ahve a SSN?? My OH applied within 10 days of arriving and got the card less than 2 weeks later. As a K1 visa holder, you are entitled to a SSN (unless that changed very recently).
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Old Dec 2nd 2008, 2:02 am
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by mickybrit
The cop said I couldnt drive with my uk license because its not a international one, and now looking at the web articles it says a international one is no good and my uk one is good. Mmmm confused.
Forget about the "international license" crap - either the cop didn't know what he was talking about or you misunderstood what he said.

Your UK license is only good if you are a not resident in NY state. If your are a resident (and it sounds very much as if you are) then you should have got a NY driving license within 30 days of becoming resident. Note that (as other people have already mentioned) the issue of whether or not you are considered to be a resident for these purposes is based on state law and has nothing to do with your immigration status.

The cop told me to go and get a NYS license, which I have to have a social security number to get one.
Yes you have to get a NY state license.

You only need a social security number to get the license if you are eligible for one - if you are not eligible you don't need one, but you do need to demonstrate that you are not eligible.

If you are eligible then it shouldn't take that long to get an SSN and if you are not eligible you don't need one.

I think I will call the DMV and see what they say.
They will tell you that you need to get a NY license.
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Old Dec 2nd 2008, 2:03 am
  #24  
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by penguinsix
If you do write a statement, you should mention that the police car was trailing you or 'tailgating' at a speed similar and also ran the school bus lights (did they). It would help negate the unsafe speed claim if you can say the cop was 'pushing you' to a certain speed.
Well I'm sure most people become aware of being followed by a police car and I'm sure most people would prefer anything other than a police car following them. Nevertheless I was driving pretty good and focused, I think I have been very unlucky. Yes the cop carried on following me so he probably thought it was the best choice to not slam on the breaks too.

What gets me is its a 3 mile stretch of road at 40mph mostly straight, open grassland on one side of the road and large lawned houses on the other. For the sake of health and safety why doesnt the bus turn around and let kids get off on the lawned house side of the road where they live ( no crossing the road), rather than making them get off on the open grass land side, whereby they have to cross the two lanes of a 40mph road.
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Old Dec 2nd 2008, 2:10 am
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Default Re: Advice: Ive just been stopped by the police.

Takes too long mate. There are nutty speed limits all over the place.
I got a ticket here on a road that was 35, then goes for 50 yards to 25, and then back to 35. The police had three cars there and were pulling people over willy nilly.
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Old Dec 2nd 2008, 3:22 am
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by meauxna
Yes, I think you should show up in court with your fanciest British accent and explain the whole thing. Right down to how you don't really live here yet. And you think our school bus drivers are liars who are out to trap you in front of the cops. Add in the part about how you think the whole school bus light thing is stupid and provincial (ok I made that up) too, I think it will help.
For your information I actually drove kids to school and back in England once upon a time. I picked them up from outside of their home and dropped them off outside of their home on their side of the road. I didn't have any fancy lights or tiny stop signs. I would not drop any kid off on the opposite side of a 40mph road, it is far too easy for me to turn around and drop him/her off on their side of the road then they don't have to cross any road.

Yes, I do have a mistrust of Yellow School bus drivers, ever since I watched a documentary about a Yellow School bus driver of whom kidnapped some students, Freddie something was the chaps name.
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Old Dec 2nd 2008, 3:33 am
  #27  
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by sunflwrgrl13
If you came over on a K1, why don't you ahve a SSN?? My OH applied within 10 days of arriving and got the card less than 2 weeks later. As a K1 visa holder, you are entitled to a SSN (unless that changed very recently).
got married before applying? then wouldn't be eligible till he'd gotten the EAD.
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Old Dec 2nd 2008, 3:34 am
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by mickybrit
For your information I actually drove kids to school and back in England once upon a time. I picked them up from outside of their home and dropped them off outside of their home on their side of the road. I didn't have any fancy lights or tiny stop signs. I would not drop any kid off on the opposite side of a 40mph road, it is far too easy for me to turn around and drop him/her off on their side of the road then they don't have to cross any road.

Yes, I do have a mistrust of Yellow School bus drivers, ever since I watched a documentary about a Yellow School bus driver of whom kidnapped some students, Freddie something was the chaps name.
school bus driver got sacked for letting a kid off for miss behaving in the middle of a busy main road recently not far from where I am...some of the worst drivers around as well, which is pretty amusing, but then they're all contractors around here...almost as bad as minivan drivers
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Old Dec 2nd 2008, 3:40 am
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by Octang Frye
Takes too long mate. There are nutty speed limits all over the place.
I got a ticket here on a road that was 35, then goes for 50 yards to 25, and then back to 35. The police had three cars there and were pulling people over willy nilly.
There are also roads with different speed limits depending on what side of the road you are on!!
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Old Dec 2nd 2008, 4:07 am
  #30  
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Default Re: Advice: Ive just been stopped by the police.

Originally Posted by mickybrit
The cop said I couldnt drive with my uk license because its not a international one, and now looking at the web articles it says a international one is no good and my uk one is good. Mmmm confused.

.
The cop is full of shit as far as that is concerned, an international license is only a translation of your own license, which we hope is not required inthe US.

Wether you should have had a NY license is totally another matter.
In the op you say you could have stopped but the police car would have run into the back of you, well you should have stopped, the police would have been at fault and we not be having this discussion.
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