Citation given after officer let my daughter go?

[katie.marston]

My 19 year old daughter was pulled over after midnight on a Friday night while coming home from work. The officer did not give her a reason for being pulled over, just asked for her info & went back to his vehicle to run it. He came back to the car, told her that "you're good. No ticket, citation, or warning would be given, have a good night." On Monday she received a citation in the mail for "driving without lights when required," & is supposed to pay $169.10 or set up an appointment to see the municipal court judge. I asked, & yes, she had her lights on. He immediately pulled over another vehicle before she had even pulled away. Does this seem fishy? Is it worth fighting, or should she just pay? I should also add that he never had her sign anything.

[retdetsgt]

I'd take it to court, plead not guilty and give her side of the story. Nothing to lose, it does sound strange. We don't do stuff like that, in a regular traffic stop we issue the ticket then and there.

[katie.marston]

Thank you very much for your quick response. That is exactly what she said she wants to do.

[Joeyd6]

Just be careful with the "I had my lights on." I have many times and it appeared my lights were on.....but I only had my parking lights on, thus my dash was lit up like christams tree and I had no idea my headlighst were off (live in a city so lots of lights outside.)

[greg72982]

Just be careful with the "I had my lights on." I have many times and it appeared my lights were on.....but I only had my parking lights on, thus my dash was lit up like christams tree and I had no idea my headlighst were off (live in a city so lots of lights outside.)

Many people confuse daytime running lights with head lights also...

[retdetsgt]

Just seems odd to me that he would cut her loose at the scene and then mail a ticket. It wouldn't have taken much more time to fill out the citation than to take the info from her license. And he didn't tell her why he stopped her so she could turn the lights on if they were off? Sounds too weird.

[mcsap]

Are you sure the cite is from the SAME date , time and location ?

[Kimble]

Just seems odd to me that he would cut her loose at the scene and then mail a ticket. It wouldn't have taken much more time to fill out the citation than to take the info from her license. And he didn't tell her why he stopped her so she could turn the lights on if they were off? Sounds too weird.

Well, but you have to remember this is the daughter's side of the story. She may well be telling the truth, or could have fibbed to her mom hoping to not get in trouble (who hasn't done that at some point with their parents when they were living with them and did something they shouldn't have done), but it's only half of the story so far.

[retdetsgt]

Well, but you have to remember this is the daughter's side of the story. She may well be telling the truth, or could have fibbed to her mom hoping to not get in trouble (who hasn't done that at some point with their parents when they were living with them and did something they shouldn't have done), but it's only half of the story so far.

Very true, I was going on face value.

[katie.marston]

Wow, I didn't expect so many responses. Thanks! Of course I know that my daughter's side is only half of the story, so I take what she tells me with a grain of salt. If she is guilty of driving without her lights, I absolutely feel that she should pay her fine & drive on. We all make mistakes. The problem that I do have is the officer letting her go with a warning, & then changing his mind? We entered our plea this morning, & were given a pre-trial date with the prosecuter on the 24th of this month. Since I didn't just fall off the turnip truck, I also asked if we could review the video/ audio from his vehicle at that time. Thanks again for all of the quick responses. I'll keep y'all posted on this thread after the next step. Cheers!

[retdetsgt]

Thanks, I for one would like to know how it turns out.

[Joeyd6]

Wow, I didn't expect so many responses. Thanks! Of course I know that my daughter's side is only half of the story, so I take what she tells me with a grain of salt. If she is guilty of driving without her lights, I absolutely feel that she should pay her fine & drive on. We all make mistakes.

Fair enough!

The problem that I do have is the officer letting her go with a warning, & then changing his mind?

Why? There is no law against such. Maybe she told him one thing, and after he got done with more serious infraction he left for, he tried to verify what she said, and found she lied or what she said did not check out. No rule says cops can't change their mind. I have amended charges several times on folks, long after they were arrested as new information is developed.

We entered our plea this morning, & were given a pre-trial date with the prosecuter on the 24th of this month. Since I didn't just fall off the turnip truck, I also asked if we could review the video/ audio from his vehicle at that time. Thanks again for all of the quick responses. I'll keep y'all posted on this thread after the next step. Cheers!

If it is her first offense you can probably get the fine reduced significantly and it amended to a non-moving violation so there are no points. You and your daughter will get a chance to talk to the prosecutor. Dress appropriately for a court and let your daughter do as much talking as possible. Be respectful and "sweet" coupled with the honesty should bring a favorable result.

[retdetsgt]

Why? There is no law against such. Maybe she told him one thing, and after he got done with more serious infraction he left for, he tried to verify what she said, and found she lied or what she said did not check out. No rule says cops can't change their mind. I have amended charges several times on folks, long after they were arrested as new information is developed.

Still seems strange for driving w/o lights. As I said earlier, you'd think he would have told her why he stopped her so she would know to turn them on. I've amended tickets too, but I can't imagine taking the time to write enough info to write a citation, not do it and then change my mind and mail them one on a chippy violation like that. I'd go to court just to hear the explanation.

If it is her first offense you can probably get the fine reduced significantly and it amended to a non-moving violation so there are no points. You and your daughter will get a chance to talk to the prosecutor. Dress appropriately for a court and let your daughter do as much talking as possible. Be respectful and "sweet" coupled with the honesty should bring a favorable result.

That's not true everywhere. The fine would no doubt be reduced on a first offense, but here the moving violation of driving w/o lights would stay the same. Judges very rarely here reduce the charge itself on something that minor. And a prosecutor wouldn't talk to them unless they brought a lawyer. It would be handled entirely in traffic court. Our DA's office simply doesn't have the manpower to screw with minor traffic tickets.

[Sgt. Slaughter]

Where do you live that you have "pre-trial" with a prosecutor for not having headlights on?

FWIW - it sounds like the officer might have been investigating something and cut her loose since he was focused on another more important matter. Following up with a citation by mail, while not always optimal, may have been his prerogative according to your state law.

[ChesCopPodz]

Where do you live that you have "pre-trial" with a prosecutor for not having headlights on?

FWIW - it sounds like the officer might have been investigating something and cut her loose since he was focused on another more important matter. Following up with a citation by mail, while not always optimal, may have been his prerogative according to your state law.

Every ticket we write here instructs the driver to court dates that are prelim hearings with the DA or city attorney (depends on which court the ticket is written to). If at that prelim hearing they request a hearing in front of a judge, then trial date is set and I get subpoenad to that. I don't go to a single one of the court dates on the face of any of the tickets I write.