Advice: Ive just been stopped by the police.
#16
Re: Advice: Ive just been stopped by the police.
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.
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.
#17
Forum Regular
Thread Starter
Joined: Apr 2008
Posts: 48
Re: Advice: Ive just been stopped by the police.
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.
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.
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.
#18
Peace onion
Joined: Jul 2006
Location: Denver
Posts: 5,686
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?
If you continue to drive and get stopped again, that might be more serious.
Maybe give the cops a call?
#19
Forum Regular
Thread Starter
Joined: Apr 2008
Posts: 48
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?
If you continue to drive and get stopped again, that might be more serious.
Maybe give the cops a call?
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.
#20
Re: Advice: Ive just been stopped by the police.
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.
#21
Re: Advice: Ive just been stopped by the police.
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.
#22
Re: Advice: Ive just been stopped by the police.
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).
#23
BE Forum Addict
Joined: Mar 2008
Location: Santa Cruz, CA
Posts: 4,913
Re: Advice: Ive just been stopped by the police.
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.
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.
#24
Forum Regular
Thread Starter
Joined: Apr 2008
Posts: 48
Re: Advice: Ive just been stopped by the police.
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.
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.
#25
Peace onion
Joined: Jul 2006
Location: Denver
Posts: 5,686
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.
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.
#26
Forum Regular
Thread Starter
Joined: Apr 2008
Posts: 48
Re: Advice: Ive just been stopped by the police.
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.
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.
#27
Re: Advice: Ive just been stopped by the police.
got married before applying? then wouldn't be eligible till he'd gotten the EAD.
#28
Re: Advice: Ive just been stopped by the police.
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.
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.
#29
Re: Advice: Ive just been stopped by the police.
There are also roads with different speed limits depending on what side of the road you are on!!
#30
Re: Advice: Ive just been stopped by the police.
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.