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Old 11-25-2007, 08:37 PM   #1
DvlRacer
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Question for Cops

Is it legal to follow someone until they do something wrong? The reason I ask this is that the cop that ticketed me followed me 11.8 miles before pulling me over. The cop admits this so I was wondering if there is any actual kind of law about this so that I can bring it up in court? If there is, please cite the code so I can look it up in my Texas Laws book.

~Keith
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Old 11-25-2007, 08:38 PM   #2
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What were you ticketed with? He must have had some reason.
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Old 11-25-2007, 08:51 PM   #3
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Originally Posted by squoddybody View Post
What were you ticketed with? He must have had some reason.
I never said he didn't but that isn't what I'm asking.
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Old 11-25-2007, 08:53 PM   #4
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I never said he didn't but that isn't what I'm asking.
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Old 11-25-2007, 08:54 PM   #5
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To shine a little more light on the situation here is the jist of what happened. I was in a line of traffic sitting at a light. I went through the light and apparantely there was a cop somewhere that could see me(I wasn't worried about it since I was going slow as ). He pulled me over 11.8 miles later and told me he saw me have an "unsafe start" back at the intersection, he justified this by saying "I could hear your exhaust." Now, he did not ticket me for this, he wrote me a ticket for following too closely. He said I pulled up too close to the truck infront of me AT THE RED LIGHT. When I asked him why he hadn't stopped me sooner he said there were no safe places for him to pass and pull me over. During this 11.8 miles we passed parking lots, stop signs, and many other places he had plenty of chance to pull me over. I have done plenty of research to support my case and without going into too much detail the only thing I really can't find is something specifically stating that cops can't follow you waiting for you to f*ck up.

~Keith
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Old 11-25-2007, 08:55 PM   #6
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Originally Posted by Apexn View Post
Please elaborate.
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Old 11-25-2007, 09:02 PM   #7
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Quote:
Originally Posted by Dave C View Post
... when I am being followed by a cop or anyone for longer than what seems right I pull over right away into the first parking lot I see. That way the cop can either pull in and give me or the person can keep on rolling
i do the same exact thing . heck, sometimes i dont even wait to see if im being followed. if a cop is so much as behind me, not even in the same lane, and i get a bad feeling (which is everytime to some extent, lol) i pull in/park/turn, or get behind a slow car so he passes and gets ahead...whatever.

i know cops are trained to always be looking out and watching. out of sight, out of mind. some cops are itching to give a ticket, others may just notice something you dont. i.e. your taillight, or liscence plate light could be out and you not even know yet. or they could be about inspection sticker location, etc...

id rather just disappear from view before they notice anything/get any ideas, etc. im dont want to feel like i am running from something or whatever, but i dont mind taking an alternate route to save me the hassle of a possible ticket.
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Old 11-25-2007, 09:10 PM   #8
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If he was running your plates while driving I see no reason why he couldn't follow you for 11.8 miles...
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Old 11-25-2007, 09:16 PM   #9
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Quote:
Originally Posted by Texas Traffic Codes
545.062. FOLLOWING DISTANCE. (a) An operator shall, if
following another vehicle, maintain an assured clear distance
between the two vehicles so that, considering the speed of the
vehicles, traffic, and the conditions of the highway, the operator
can safely stop without colliding with the preceding vehicle or
veering into another vehicle, object, or person on or near the
highway.
(b) An operator of a truck or of a motor vehicle drawing
another vehicle who is on a roadway outside a business or
residential district and who is following another truck or motor
vehicle drawing another vehicle shall, if conditions permit, leave
sufficient space between the vehicles so that a vehicle passing the
operator can safely enter and occupy the space. This subsection
does not prohibit a truck or a motor vehicle drawing another vehicle
from passing another vehicle.
(c) An operator on a roadway outside a business or
residential district driving in a caravan of other vehicles or a
motorcade shall allow sufficient space between the operator and the
vehicle preceding the operator so that another vehicle can safely
enter and occupy the space. This subsection does not apply to a
funeral procession.

I think I should be okay to win the case and get the ticket dismissed but I just want to be armed with all the knowledge possible. Another question, would I be able to file for a motion for continuance or a motion for dismissal? If so, where can I find the forms (Montgomery County, Precinct 5).

~Keith

Edit: The whole time the cop was following me, he was never directly behind me. My friend was behind me in his truck the whole time. When he finally pulled me over he went in the turn lane and cut between my friend and I. I saw him in my mirror and turned around to see what was going on and at that time he got on his PA and told me to turn right at the light and pull over.
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Old 11-25-2007, 09:19 PM   #10
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Quote:
Originally Posted by Steve O Chap View Post
If he was running your plates while driving I see no reason why he couldn't follow you for 11.8 miles...
That would make sense besides the fact I already stated he said he followed me because he didn't have a safe chance to pull me over, no mention of running my plates(I doubt he ever saw them until he pulled me over). I plan on taking photographs of the roadway of where he followed me to help prove it would have been easy to stop me plenty of times in a safe manner.
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Old 11-25-2007, 09:22 PM   #11
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Quote:
Originally Posted by trdvet View Post
Justice of the Peace
Precinct 5

Judge Matt Masden
31350 Friendship Drive
Magnolia, Texas 77355

Phone: 281-356-4470
or 936-539-7806
Fax: 936-760-6989
Thanks man, I have all that and I was planning on calling tomorrow. Most counties post this info online as a PDF but I couldn't find it for Montgomery. They will probably tell me I can come pick it up but that's a real long drive for me. Also I am not sure what circumstances have to surround the situation to be able to even request these.

~Keith
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Old 11-25-2007, 09:31 PM   #12
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Originally Posted by trdvet View Post
If anything show up to court and talk to the Judge and splain' your case. Better yet talk to the DA first because they don't like to lose.
I spoke with a prosecutor during the arraignment and they blindly offered me Deferred. I denied it and they got real fussy and told me "good luck with that one" in a smartass voice. Apparantely the cop wrote on the back of the ticket "referred to judge by first name", "extremely rude", "refused to sign ticket". Here is my response to each of these in the same order:

The judge is a person just like you and me, unless I'm in his presence I should be able to refer to him by whatever I want without being the least bit disrespectful. Also, I called him by his FULL name, not just first name.

I was rude once I figured out what I was being ticketed for, bad day, no excuse for that and I regret it. The cop wasn't much nicer.

I would never refuse to sign the ticket, I'm not a complete . No sign=jail. Signing does not admit guilt, just that you will go about the process to take care of the ticket whichever way you choose. I DID however ask that if I didn't sign if I could go to court and contest it immediately and have my buddy take my bike so it wouldn't be impounded. The officer said no he would take my bike, I signed.

~Keith
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Old 11-25-2007, 09:56 PM   #13
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Quote:
Originally Posted by DvlRacer View Post
To shine a little more light on the situation here is the jist of what happened. I was in a line of traffic sitting at a light. I went through the light and apparantely there was a cop somewhere that could see me(I wasn't worried about it since I was going slow as ). He pulled me over 11.8 miles later and told me he saw me have an "unsafe start" back at the intersection, he justified this by saying "I could hear your exhaust." Now, he did not ticket me for this, he wrote me a ticket for following too closely. He said I pulled up too close to the truck infront of me AT THE RED LIGHT. When I asked him why he hadn't stopped me sooner he said there were no safe places for him to pass and pull me over. During this 11.8 miles we passed parking lots, stop signs, and many other places he had plenty of chance to pull me over. I have done plenty of research to support my case and without going into too much detail the only thing I really can't find is something specifically stating that cops can't follow you waiting for you to f*ck up.

~Keith

This is why I hate the MAN! You should have made a citizens arrest on his A$$ right then. he was stalking you I would have grabbed the PIG threw his fat A$$ on the ground pulled out his pistol and demanded that he place his hands behind his back if he refused I would have beaten him with his Billy Club until he complied. He was profiling you fo shizzle... citizens arrest on the COP For the WIN
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Old 11-25-2007, 10:33 PM   #14
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This is why I hate the MAN! You should have made a citizens arrest on his A$$ right then. he was stalking you I would have grabbed the PIG threw his fat A$$ on the ground pulled out his pistol and demanded that he place his hands behind his back if he refused I would have beaten him with his Billy Club until he complied. He was profiling you fo shizzle... citizens arrest on the COP For the WIN
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Old 11-25-2007, 10:42 PM   #15
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Quote:
Originally Posted by NoFear View Post
This is why I hate the MAN! You should have made a citizens arrest on his A$$ right then. he was stalking you I would have grabbed the PIG threw his fat A$$ on the ground pulled out his pistol and demanded that he place his hands behind his back if he refused I would have beaten him with his Billy Club until he complied. He was profiling you fo shizzle... citizens arrest on the COP For the WIN
That's like Napoleon Dynamite, so stupid it's funny
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Old 11-26-2007, 12:15 AM   #16
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Old 11-26-2007, 12:29 AM   #17
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Old 11-26-2007, 01:35 AM   #18
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Its not illegal to follow anyone... We cops are free to go wherever we want... You call it " follow " I call it driving around... after all that is what Patroling is... So no there is no law against driving around even if it happens to be behind your car for 12 miles...
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Old 11-26-2007, 08:37 AM   #19
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Quote:
Originally Posted by DvlRacer View Post
Is it legal to follow someone until they do something wrong? The reason I ask this is that the cop that ticketed me followed me 11.8 miles before pulling me over. The cop admits this so I was wondering if there is any actual kind of law about this so that I can bring it up in court? If there is, please cite the code so I can look it up in my Texas Laws book.

~Keith
are you serious? he can ride the road , just do right and dont worry.
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Old 11-26-2007, 08:58 AM   #20
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LOL!!! Stalking????? Are you kidding or just dumb?

Public road; I guess if you are driving down the road behind someone for more than 2 seconds it is now stalking?

DUH!!!!!!!!!!!!!!!



This is like the flip side of the trooper rolling down the highway at 5-10 under the limit, and NO ONE will friggin' pass him!!!!!!! WTF!!!
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