Letting people off for the wrong reasons

[Question]

Before I begin this thread, I want it to be known that as far as I know every LEO on this board seems extremely fair.

So now on to my post ...

Officers have the discretion of giving tickets or letting people go. They're people who get away with everything and they're others who have the worst "luck".

I somewhat agree with attitude being a factor in getting a ticket or not. And in fact I have no sympathy for someone complaining that he got a ticket, regardless of the circumstances.

However, we all know that in certain small towns (and even in big towns), HS football players, mayors' daughters, and other people of so-called "importance" get let go solely because of their status. This troubles me. Not only is this morally wrong, it indirectly gives credence to the complaints of people who get ticketed.

How prevalent do you consider this "problem" to be in America? Do you feel it is wrong to let HS football players or people of that like off solely because of that? Do any cops you know let people off because of their status (aside from being emergency personnel or being the mayor)?

[acreature]

I am an equal opportunity ticket writer. If you're an ***, I don't care who your daddy is.

[mcsap]

Since I give COMPLETE and TOTAL strangers breaks, I don't mind giving someone I know a break. But should the someone I know somehow get an attitude, they might just get a piece of stock. I cited an off duty officer who did exactly that.

Having said that , if it is a DUI. NOBODY gets a break. Same with a suspended license, no insurance , hit and run and other serious traffic offenses.

I have arrested/cited the following people...

Former chiefs daughter ( while he was still chief) for parking. He JUST gave us a directive to enforce parking in a fire lane !!

Secretaries sister for DUI.
Secretaries son for speeding.
Secretaries step-son for speeding.
Fellow officers brother for DUI, hit and run, Fleeing and drugs
Fellow officer's ( another dept) brother DUI.
Fellow officers son for Disorderly Conduct.

[marchaa]

I am an equal opportunity ticket writer.

Hey thats what I say too. I do think this is a problem. My FTO told me, "Well there's just some people in town you don't cite." He must not have been a good FTO because I laughed at him and cite everyone still.

I love it when people ask me if I know who they are. I tell them, "No I don't, do you know who I am?" (They respond "NO" in their ignorant voice) "Good, now you do, my name is at the bottom of your citation." :D

[DCWoody153]

"Good, now you do, my name is at the bottom of your citation." :D

I like that. I'm another equal oportunity ticket dispenser.

[lindat2957]

I am with the others...there is no one that attitude can't earn a ticket for...and attitude is everything....for the basics...I would say that I arrest everyone I come in contact with for dui, but in all honesty I haven't...I will give one example.
Stopped this guy who was weaving bad, I made contact and the guy was in tears...He was a surgeon, who just lost his first patient, story was confirmed, and he had no so much as a prior ticket....Got a family member to respond and I considered it handled...The point is, for some things there are extenuating circumstances,,,being someone's son, daughter, friend, or that someone does not constitute an extenuating circumstance.

[samseed101]

I am an equal opportunity ticket writer. If you're an ***, I don't care who your daddy is.

I'm the same way.

[Question]

How does your traffic court system work, DC Law? Where I'm from (Texas), the police officer's only role in a traffic ticket is at the stop, unless of course he's summoned to court for a trial. But mostly the tickets are handled by the court clerks. You pay your fine on the schedule, or you have the option of requesting deferral or defensive driving, and you're done.

[Johninaustin]

How does your traffic court system work, DC Law? Where I'm from (Texas), the police officer's only role in a traffic ticket is at the stop, unless of course he's summoned to court for a trial. But mostly the tickets are handled by the court clerks. You pay your fine on the schedule, or you have the option of requesting deferral or defensive driving, and you're done.

I have no idea where you get your information, but it's incorrect. You are involved in every cite right up to final disposition.

[Piggy]

I write almost everyone I stop, but if they have the right attitude, I'll usually reduce the fine when they come to court.

I had a guy the other day I stopped for 63/40. Black male, no traffic out, guy court but when I actually gave himthe ticket,he started complaining about the fine amount then said: "What gets me is that you have discretion.You didn't have to give me this.You can give people breaks. Now I might not look like the kind a person you would consider giving a break to..."

As soon as he said that, I cut him off, told him to drive safe and walked away from him. And I amended my notes on my copy of the ticket so that if he shows up now, he can pay the full amount of go to trial and repeat his insinuation that he got treated differently because of his skin color.

He talked himself right into that one.

I just love walking up to a car, explaining why they are being stopped and hear "JUST WRITE ME THE DAMN TICKET". Nothing like helping me decide!

[mcsap]

If a ticket is contested here ....

Step One is myself and the defendant appear in front of the District Justice for a Summary trial. The Def. can bring a lawyer but doesn't have to. I am completely on my own at this level about 99.9% of the time.

I testify, offer evidence and make a summation. The defendant has the opportunity to cross-examine my testimony. The defendant CAN ( but doesn't have to) testify , offer evidence and make a summation. I too can cross examine ( I frequently do) the defendants testimony. I can also object ( and frequently do) when the defendant starts saying things like " I never had a ticket before" , " this ticket was unfair" , " I was told that the officer did this wrong" etc.

Driving school is NOT an option and the judge can't alter the points. Most judges won't change the spped on a speeding ticket, occasionally some will. Any deals to be made must be made with me and I almost NEVER deal at this level. Why should I?

Step 2 is after the person is found guilty. They can go to Summary Appeals court where an Assistant DA handles the case and I am relegated to being a " witness". In a lot of cases the ADA's are young and don't know much about traffic offenses. We have to educate the ADA as we go. Deals are more comonly made here although if someone has truly irked me, I'll ask the DA to not deal.

[Question]

I have no idea where you get your information, but it's incorrect. You are involved in every cite right up to final disposition.

Am I mistaken that officers don't usually get involved with the setting of fines for a ticket here? It's always been my understanding that a court would have a set fine for what you did and you either pay it, plead guilty and talk to a judge, or go to trial.

I used the wrong words in saying that an officer is not involved with a cite, but I didn't believe that cops could lower fines down here. Does it work that way in Austin?

[Question]

mcsap, I know I'm getting off-topic here but will one receive a better deal if he just goes ahead and pays the fine?

[mcsap]

NO. In most cases the fine is written on the ticket when I issue it. If not , the judge sets the fine BEFORE the trial and the def can choose to plead guilty or go to trial based on that fine. There is NO discount or reduction to just pay it.

[Johninaustin]

I have no idea where you get your information, but it's incorrect. You are involved in every cite right up to final disposition.

Am I mistaken that officers don't usually get involved with the setting of fines for a ticket here? It's always been my understanding that a court would have a set fine for what you did and you either pay it, plead guilty and talk to a judge, or go to trial.

I used the wrong words in saying that an officer is not involved with a cite, but I didn't believe that cops could lower fines down here. Does it work that way in Austin?

Most fines on common offenses are preset when you plead guilty and pay the fine. When you plead innocent and go to court the "preset" no longer applies. Some offenses are mandatory court and have no preset. (esp a lot of the juvie/alcohol stuff) Any deal or bargain has to go thru me, and like someone already posted, I don't "Deal" very often. I NEVER agree to a lower fine, though I may replace a fine with other requirements.

I'm a big fan of alcohol counseling as part of the "Deal".:D

Of course if they just pay the fine neither the judge or I will ever see them.