Traffic violation procedures
in Criminal and Misdemeanor Law ·
Hey everyone!
On May 25th of this year near Memphis, I was overtaken by someone, and after about 3.1 miles miles, I was pulled over by a Police Department officer on a motorcycle. He asked for my driver's license and registration and told me I had crossed a double yellow line. He just scribbled everything down in his notepad; he didn't tell me what the penalty would be, nor did he give me any paperwork to sign.
Now, I did cross the double yellow line, but it wasn't in a curve like they claim in the citation. It was on a straightaway that stretched out for at least 500 meters. I was passing a van that was crawling along at maybe 5-3.7 miles mph through the curves, and once we hit the straight part—and the van moved all the way to the right and even signaled—I passed him. That van was moving at a snail's pace (12 miles/h), so I cleared him in a "split second," and there definitely wasn't any oncoming traffic, so I wasn't putting anyone in danger.
After the officer pulled me over, a few miles down the road at a turnout, I saw the same van I had just passed. The driver waved me over to pull over too. Honestly, the guy was more worked up about the officer's conduct than I was. He gave me his info and said he intended to file a complaint. He mentioned he would have pulled over sooner if he saw the officer stopping me, but he was driving slow because he was overloaded, which puts him in violation of some rules.
On December 11th, I received a summons for the Municipal Court of Chico for December 23rd, along with an indictment from May 28th where the Police Department is seeking $333, a three-month license suspension, and two points...
What are my options here? Reading through the threads on this forum, I realized you can file an Objection with the Police within eight days, but I couldn't possibly do that back in May when I had no idea what the specific charges would even be. And clearly, the Police Department didn't wait eight days either, since the indictment was already filed with the Memphis court by May 29th. Can I still appeal or object now, and to whom? Also, could a witness (the van driver) testify in court that he was overloaded without getting himself penalized for it later? Could he provide a written statement so he doesn't have to show up in person? Should I list my wife as a witness since she was in the car with me?
Thanks in advance for any help🙂
On May 25th of this year near Memphis, I was overtaken by someone, and after about 3.1 miles miles, I was pulled over by a Police Department officer on a motorcycle. He asked for my driver's license and registration and told me I had crossed a double yellow line. He just scribbled everything down in his notepad; he didn't tell me what the penalty would be, nor did he give me any paperwork to sign.
Now, I did cross the double yellow line, but it wasn't in a curve like they claim in the citation. It was on a straightaway that stretched out for at least 500 meters. I was passing a van that was crawling along at maybe 5-3.7 miles mph through the curves, and once we hit the straight part—and the van moved all the way to the right and even signaled—I passed him. That van was moving at a snail's pace (12 miles/h), so I cleared him in a "split second," and there definitely wasn't any oncoming traffic, so I wasn't putting anyone in danger.
After the officer pulled me over, a few miles down the road at a turnout, I saw the same van I had just passed. The driver waved me over to pull over too. Honestly, the guy was more worked up about the officer's conduct than I was. He gave me his info and said he intended to file a complaint. He mentioned he would have pulled over sooner if he saw the officer stopping me, but he was driving slow because he was overloaded, which puts him in violation of some rules.
On December 11th, I received a summons for the Municipal Court of Chico for December 23rd, along with an indictment from May 28th where the Police Department is seeking $333, a three-month license suspension, and two points...
What are my options here? Reading through the threads on this forum, I realized you can file an Objection with the Police within eight days, but I couldn't possibly do that back in May when I had no idea what the specific charges would even be. And clearly, the Police Department didn't wait eight days either, since the indictment was already filed with the Memphis court by May 29th. Can I still appeal or object now, and to whom? Also, could a witness (the van driver) testify in court that he was overloaded without getting himself penalized for it later? Could he provide a written statement so he doesn't have to show up in person? Should I list my wife as a witness since she was in the car with me?
Thanks in advance for any help🙂