Warning vs ticket

**jas** · 10-20-2010, 01:10 PM

My ds 25 was on his was last night to play some extreme frisbie game with some friends (don't really know how it is played). Anyway he was in a good mood and playing the music in his car. He is not disputing that it might have been a little loud.

This is what has him quite a bit annoyed. He was not speeding, had his seat belt on, not doing any thing other than the music. He does not have a super duper stero system him his car either. The car is black, it looks like it could be a sports car, but is not. It is a Pontiac G5. He has put nice rims on it and the windows are tinted.

The cop pulls him over and the first thing he asks is do you have any guns or knives in the car I need to know about? Well of course not. The cops runs everything, which of course turn out fine.
My son said and I believe him because he is polite and respectful to people that he didn't get an attitude with the cops in any way. Then when he was writing and giving ds the ticket he made him get out of the car. Usually they tell you to stay in the car.

All of this seems a bit extreme. At the very least he could have at least given him a warning, as he has never been stopped for this. He has a good driving record too. I know it is at the cops discrection as to when to give a ticket or a warning.

Don't get me wrong I know that a cop never knows what kind of person they are stopping and walking up on. I get that. Has it gotten so bad that everyone has to be treated like that even after you see who you are dealing with. I don't know. I even get that old grannys come unglued with cops.

Maybe because it was my son and I know him and that he is a decent human meaning that it would have gone a long way to getting the point across just by giving him a warning and not a ticket for 120.00. He is a full time college student who will be graduating in Dec. Still works a job, pays his bills, saving for his wedding in July.

Ds is not even saying the music wasn't loud or maybe louder than what the cop thought it should be. It just would have been nice to have at least gotten a warning since it was the first time and it is not a moving violation.

**druthb00** · 10-20-2010, 01:20 PM

That really sucks. I'm sure there was no real "reason" he did it other than he could and maybe he was having a bad day. The thing I don't get is why did he bother to run his info. if he had already made up his mind about giving him the ticket? It's not like he was on the fence and was thinking, "Well, if his record is clean I'll let him go." Otherwise he would have done just that. So.....either your son is omitting information (not lying, just omitting

) or the cop just felt like being a di....ahem

. Maybe he's way below quota for the month and with only 10 days to go...he's making up for lost time lol.

**farmgirl_82** · 10-20-2010, 01:22 PM

Where I live, the cop makes you get out of your car, and sit in the patrol car when they give out tickets.

Maybe the cop was having a bad day, or trying to fill his month end quota. But I do agree that a ticket was a little extreme.

**Russ** · 10-20-2010, 01:29 PM

So the ticket was for excessive noise?

**McD** · 10-20-2010, 01:44 PM

Police should run your info any time they pull you over, regardless if they are going to give you a ticket or a warning. That's how they catch people with outstanding warrants.

And the police don't always have discretion as to whether or not they will issue a ticket. I know the police force here can and will take disciplinary measures against an officer if they don't issue citations when they should.

I know that doesn't help you out or lessen your frustration Jas, just wanted to throw some stuff out there for clarification.

**druthb00** · 10-20-2010, 02:05 PM

Originally Posted by McD

Police should run your info any time they pull you over, regardless if they are going to give you a ticket or a warning. That's how they catch people with outstanding warrants.

And the police don't always have discretion as to whether or not they will issue a ticket. I know the police force here can and will take disciplinary measures against an officer if they don't issue citations when they should.

I know that doesn't help you out or lessen your frustration Jas, just wanted to throw some stuff out there for clarification.

You're right, I hadn't considered that.

I've been pulled over several times without having them run my info. and gotten either written or verbal warnings. (Not saying it makes it right, just that it happened) I didn't know that the officer doesn't necessarily make the final call on whether or not to issue a ticket, though. Your DH does police work doesn't he McD?

I do know some states are so strict on noise regulations that if your stereo can be heard AT ALL from more than say, 25 ft., they can ticket you.

**McD** · 10-20-2010, 02:21 PM

Originally Posted by druthb00

You're right, I hadn't considered that.

I've been pulled over several times without having them run my info. and gotten either written or verbal warnings. (Not saying it makes it right, just that it happened) I didn't know that the officer doesn't necessarily make the final call on whether or not to issue a ticket, though. Your DH does police work doesn't he McD?

I do know some states are so strict on noise regulations that if your stereo can be heard from more than say, 25 ft., they can ticket you.

Yes, hubby is a police officer. He has leeway on some things, minor moving violations, etc. but on other things, they are instructed to be 100% zero tolerance. I was thinking specifically of a major firework crackdown they had this summer. Our police were told they had to write the citation regardless of quantity, situation, if they had received a complaint or not, or they (the officers) would be disciplined.

**jas** · 10-20-2010, 02:35 PM

Originally Posted by McD

Police should run your info any time they pull you over, regardless if they are going to give you a ticket or a warning. That's how they catch people with outstanding warrants.

And the police don't always have discretion as to whether or not they will issue a ticket. I know the police force here can and will take disciplinary measures against an officer if they don't issue citations when they should.

I know that doesn't help you out or lessen your frustration Jas, just wanted to throw some stuff out there for clarification.

Yes here it is pretty standard that they run your info just like you stated. That is not a problem, unless of course you are wanted.

That may be the case here too about the noise. There is a law about the 25ft. I would guess most people don't know about it untill they get stopped. Like ds. Maybe this police officer did not have an option, it may be manditory ticket. It just sounds like for the first time a person should be allowd to get a warning.

Normally here, unless something has changed recently, and I mean real recent. The officer tells you to stay in your car. They may make you get out for other reasons, but just generally they make you stay in the car.

**KeithBC** · 10-20-2010, 02:38 PM

DW used to work for the police (she was a civilian employee, not a cop) before she retired, and she has quite a bit of insight into what the job of a cop is like. It's a job I wouldn't want, probably the worst job in the world.

We expect an unreasonable degree of professionalism from our cops and get upset when they turn out to be human. What if, the last three traffic stops the guy made, the drivers cussed him out, or pulled a knife or tried to escape. It happens all the time. It's easy to Monday-morning quarterback and say that that shouldn't affect the next stop he makes, but it does.

I can easily see how a good cop might still decide that he is done with leniency and that from now on everyone gets the full treatment.

**jas** · 10-20-2010, 02:44 PM

Originally Posted by McD

Yes, hubby is a police officer. He has leeway on some things, minor moving violations, etc. but on other things, they are instructed to be 100% zero tolerance. I was thinking specifically of a major firework crackdown they had this summer. Our police were told they had to write the citation regardless of quantity, situation, if they had received a complaint or not, or they (the officers) would be disciplined.

They are pretty strict here about fireworks too. Now can they catch everyone. Not a chance. They are for sure dangerous and we have fire issues a lot of the time.

Do you know if it is common for them to ask everyone about guns and knives? I mean if they just stopped me for say not making a complete stop would they ask me a 49* year old woman if I have any guns or knives they need to know about?

**KeithBC** · 10-20-2010, 02:48 PM

Anyone dealing in the public safety field (fire, police, paramedic) needs to ensure their own personal safety before all other considerations. The exact way they do this will vary from one department to another, but yes it is quite likely that they ask everyone about knives and guns just for their own protection. The bad guys will lie about it of course, but cops are good as spotting the body language of lies like that.

**MTS04** · 10-20-2010, 02:54 PM

I'm sorry your son was put through that.

Not for nothing, in these parts, tinted windows = drugs and or weapons.

he may have had your son out of the car so that he could monitor his activities even with the takedown lights on, it's hard to determine what is happening inside of the vehicle with tinted windows.
Also, he may have had your son out of the vehicle if there weren't other officers available for back up or if there wasn't another officer nearby, should something go wrong.

the weapons/drugs question is a very common question, especially at night.

It's good that he received a warning. Here's hoping he's never pulled over again.

**imagine** · 10-20-2010, 02:59 PM

I thought cops could bring up your info from the car licenses plate not just your license?

Then if your license matched who they expected to find in the car (the owner who pays for the tags) then they would of already had your info and you wouldn't have known they looked up your info.

I might be wrong or it might vary by state but I thought it worked that way.

Side story about 20 years ago I had a officer pull a gun on me at a traffic stop on the highway. I was let go with a warning and a lesson on how to use the cruise control correctly.

I figure they pulled their gun for a reason. One most likely was that it was protocol as there had be some officer shootings earlier that year and/or my car matched another car they were looking for.

**Rhayne** · 10-20-2010, 03:04 PM

Maybe they've (the police) have had a string of people pulling guns/knives OR having them in the vehicle after it's been stopped and flagged for search. Maybe the make and model and color of your sons car matched one of someone who's known to have that type of behavior. It could be any number of things. Is your son going to fight the ticket? If so I'd tell him to ask the judge or someone at the courthouse about it. Let him explain his situation. If he doesn't have any other offenses against him and is a good person they may see fit to dismiss it altogether.

**imagine** · 10-20-2010, 03:14 PM

Conceal weapon laws.

Florida issues permits to carry (concealed)weapons.

I'm sure you would have to identify all weapons to an officer even with a permit to carry. Maybe that make it standard practice to ask.