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Helmet noise level and police.

19K views 147 replies 35 participants last post by  txridr  
#1 ·
I need your professional opinion on the following:
I was riding on the highway and got pulled over by a police officer in an stealth Tahoe and when the officer approached me he began yelling at me for passing him and kept it throughout the stop. He finally stated I was speeding.

I filed a citizen complaint against the officer, and after a few weeks of badgering the Chief of Police on the findings he concluded that due to the traffic passing by and me failing to remove my helmet (I was never asked to remove my helmet) the officer had to raise his voice.

Feedback is appreciated.
 
#79 ·
For the record, the ticket was 84 on a 70. I have hired an atty to handle it for me. I'd rather pay the atty than give my money to the City.

In my written complaint I stated it got to the point where I felt he was verbally abusive. I even put my hands up in a defensive posture. I never really got an opportunity to say anything, just answer his questions. I was even apologetic at one point, but he continued with his yelling.

In the letter I requested the officer be kept off the streets until he takes Anger Management classes; I recommended the Anderson and Anderson anger management program. For those who think I'm overreacting I can tell you I am a professional with an advanced degree. Professionals, especially one with a state license, should act accordingly and above reproach.
 
#86 ·
I'm glad to see you tackle this. Forget about the "bend over and take it" crowd. You pay this cop's salary, and you have every right to demand he behave in a manner befitting of a law enforcement officer. I'm very forgiving of cops making critical mistakes, but abuse of authority is not acceptable. This incident may be small, but it represents a much larger issue. Shi++y cops like this give a bad rep to people like the LEOs in my family and put them in danger.
 
#81 ·
I had also stated in the document that after he cited me he followed behind for coue of miles until we approached another group of cars. He then speeds up to pass the group of vehicles on the left lane then speeds to the extreme right lane to stop a vehicle.

I asked that he be cited for violating the TX Trasp Code for speeding without it being an emergency, which is allowed by law. The Chief did not address it in his response.
 
#84 ·
I had also stated in the document that after he cited me he followed behind for coue of miles until we approached another group of cars. He then speeds up to pass the group of vehicles on the left lane then speeds to the extreme right lane to stop a vehicle.

I asked that he be cited for violating the TX Trasp Code for speeding without it being an emergency, which is allowed by law. The Chief did not address it in his response.
I sure am glad I don't live near you. I sure as hell would not ride with you in any case. You seem to simply have a thing about police officers.

I would suggest that you check with your local PD and see if they have a "ride along program". That is a program that allows regular citizens to ride with an officer for a shift in order for them to see what an officer actually does. Most people think they know, but have no real idea.

In almost 10 years in law enforcement, I probably had 100 ride alongs. In many of those cases the citizen had filed some BS complaint against an officer in an attempt to get some charges dropped. I always tried to avoid any conversation about the complaints or the officers involved. I simply didn't want to get involved in any investgation. In the vast majority of the cases though, at the end of the shift the citizen told me that they were going to drop the complaints. They all were amazed at what we went thru in an evening or midnight shift. At one point, I had to have Internal Affairs contact the ride along. I was accused by them of trying to influence the person that made the complaint.
 
#85 · (Edited)
To clarify, I didn't even have a chance to remove my helmet since the officer began to become irate since the beginning of the stop. At one point I had to put my hands up in a defensive manner asking him to calm down. This is not about me whining.

Yes, I did get a ticket, which I am fighting, but nevertheless, no one should have to tolerate this from a police officer. I asked two colleagues who are police officers and they both agreed that if they are going to chew someone out, then they don't give a ticket, but they don't do both.

When I spoke to an officer at the police station front desk, I was told that the officer, who is a sergeant, done not allow other officers to use the vehicle. My concern then was that he would attempt to destroy evidence that was exculpatory. It was then I decided to file a complaint.
I was driving south on the highway, I came upon a group of cars and trucks clustered together that we're driving slower. I decided to pass the group on the right lane and get in front of them. I then see police lights come on. I pull over and that's when the officer approached me and began yelling at me. I believe this officer was purposely holding back the cars by slowing them down.

I also believe he saw me as a "biker who doesn't care about the law, so Ill show him who's boss, attitude." This because I stated if i could get a break, and his response was "you all always want a break!"

When I got home and saw the ticket he put done the wrong way I was traveling; he put down I was traveling north, then in parentheses he put (S). So, which way am I traveling, north or south, officer?
My bad, it was the left lane. I'm starting to make the same mistakes as the PO.
LOL.
That was cool CrazyDave!
I think we all do step back and do that for a minute.
For the record, the ticket was 84 on a 70. I have hired an atty to handle it for me. I'd rather pay the atty than give my money to the City.

In my written complaint I stated it got to the point where I felt he was verbally abusive. I even put my hands up in a defensive posture. I never really got an opportunity to say anything, just answer his questions. I was even apologetic at one point, but he continued with his yelling.

In the letter I requested the officer be kept off the streets until he takes Anger Management classes; I recommended the Anderson and Anderson anger management program. For those who think I'm overreacting I can tell you I am a professional with an advanced degree. Professionals, especially one with a state license, should act accordingly and above reproach.
I had also stated in the document that after he cited me he followed behind for coue of miles until we approached another group of cars. He then speeds up to pass the group of vehicles on the left lane then speeds to the extreme right lane to stop a vehicle.

I asked that he be cited for violating the TX Trasp Code for speeding without it being an emergency, which is allowed by law. The Chief did not address it in his response.


84. In a 70 zone. Passing a "group of cars and trucks clustered together that we're driving slower. [You] decided to pass the group on the right lane and get in front of them. [You] then see police lights come on. [You] pull over ..." Or was it the left? Sure it wasn't the right?

But then you continue to say that you, "asked that he be cited for violating the TX Trasp Code for speeding without it being an emergency". Well, let's see ... you were excessively speeding at 84mph in a 70 zone, on a bike passing a group of cars. Yeah, I think that's justifiable reason for him to be speeding up to catch you, lights flashing and all. At that point were considered to be a danger to others, which is why his voice was deemed as YELLING because you were wrong and then some.

So far I'm having little faith at all with your need for approval in fighting this ticket.

By the way, how much are you paying this attorney? Your speeding violation is most likely from $186 to $239 based on where you got your ticket in Texas. Texas, right? According to your avatar, yes.

Houston: 10-14 miles per hour over limit = $195
San Antonio: $166.00 for the first 10 miles per hour over, and $5.00 for each additional mile per hour over that
Austin: 1-15 miles per hour over limit = $239, $193 if you pay early


So you will have not only paid the attorney his/her fee, but you will have paid the court costs and most likely the ticket too IF found guilty. But you'd rather give your money to someone you don't know instead of watch it go right back into the city to which we already know the extra revenue will help the city thrive. Well, your choice.

And to me it doesn't matter how professional you make yourself to be here, or where you went to school, or what you do for living. Your story is inconsistent at best. I'll say it again, pay the fee and move on.

Your thread has nothing to do with "helmet noise level". More like a whiny plea regarding how to get out of this ticket.

My tone here is somewhat elevated, but don't worry, I'm not yelling. I just don't like being lied to ... or rather having bits and pieces of a story missing ... or rather the truth withheld/manipulated ... maybe all of the above.

I think at this point maybe you should evaluate just who it is that should be off the streets for while.

..... OMmmmmm ..... OMmmmmmm .... OMmmmmm ............
 
#90 ·
But you'd rather give your money to someone you don't know instead of watch it go right back into the city to which we already know the extra revenue will help the city thrive. Well, your choice.
If he doesn't pay the fine and gives his attorney the money, the attorney earned it, and the city does not benefit from the almost-legal extortion of a corrupted traffic court system. It's a win win in my book. I would rather pay an attorney too...
 
#94 ·
WOW... what a bunch of reading a bunch of BS. When I read threads like this I fully understand why, in some areas, there is a known problem between LEO's and MC riders. I thought, when I joined this forum that maybe things had changed. I thought maybe the riding society had changed over the years to be a more responsible group. Evidently, according to many of the posters in this thread, things have not changed for many here. With the attitudes here, it is amazing that most of you even have licenses anymore.

I was raised to be a man and take responsibility for my errors, and to respect the laws and those empowered to enforce them. Obviously the OP and several others here were not raised to those standards.
 
#97 ·
Probably not even worth filing a complaint. The complaint is generally reviewed by a Sargent and dismissed as "minor" about 99% of the time. Sort of putting the fox in charge of the henhouse but that's the way it goes.

If it was a serious charge it would be handled differently but this doesn't sound serious. You really need some evidence, a witness... video perhaps. Getting a video of any interaction with police tends to keep things on a very professional level. Why? Well, the Sargent can dismiss it as minor... but the local news station might find it interesting.

Regardless of what anyone tells you... you can legally make a video of police officers performing their duties (yes, video WITH audio). You can't hide the camera, and the officier needs to be performing their public duties... not off duty having a beer or something like that. Most police hate this, but it is true. Well... this is all true in MA. Your state may be different so check.

Having said all this... I would just pay the fine and move on unless you really feel you didn't do anything that you should get a ticket for. Sometimes cops can be nice guys... sometimes not so much. No different than the rest of us. :wink:
 
#98 ·
I dont know what speed i was going, i was thinking of the meeting I was to attend; the citation noted the infraction. I've received tickets in the past and have only lost two: my first experience in court, the other I just paid the fine since it was in another part of the state.

I usually find the officer doesn't have his training certificates, or the speed monitoring device was not calibrated, or they used pacing and the odometer does not have a calibration record, or they have speed limits without traffic studies.

This case will be dealt the same way. Documents have already been requested under the TX Open Records Act. I'll let you know how this turns out.
 
#105 ·
I dont know what speed i was going, i was thinking of the meeting I was to attend; the citation noted the infraction. I've received tickets in the past and have only lost two: my first experience in court, the other I just paid the fine since it was in another part of the state.

I usually find the officer doesn't have his training certificates, or the speed monitoring device was not calibrated, or they used pacing and the odometer does not have a calibration record, or they have speed limits without traffic studies.

This case will be dealt the same way. Documents have already been requested under the TX Open Records Act. I'll let you know how this turns out.
This basically says it all. This OP obviously doesn't have any respect for the laws of the road and makes a habit of getting tickets, although I think he is full of crap about beating them. There is absolutely no doubt in my mind that this OP is only trying to get sympathy for being a pathetic piece of crap that thinks he should be able to do whatever he wants with no responsibility for his actions.
 
#103 ·
Let it go. It's really not worth your time arguing with law enforcement unless it's a case of brutality etc. Pay the fine and move on with your life.
 
#109 ·
Guys, I never stated to the Police Dept or in this forum that I wanted a free pass. And, I don't see where I state conflicting information, if anything the information posted by me has been piecemeal. This was purposely done to see the responses.

A strategy to use in court, people.
 
#114 · (Edited)
So you are purposely withholding facts. You're using us for your own benefit. I'd like to say I speak for all when I say we're not here for your laboratory entertainment. Grow up. You obviously admit to a speeding history, and now no doubt have had experience in the court system. And yes, you implied a free pass by commenting on the fact that you are fighting the ticket ... "Yes, I did get a ticket, which I am fighting" ... And why are you fighting it if you admit to speeding????

Can't wait to see the video! :roll:

I think I now agree with the crap comment. Take your followers comments into court for your benefit; don't forget to edit out the truth and piecemeal it to the judge.
 
#122 ·
There's a lot of harsh words being thrown around.

Does anyone else see the irony of requesting the officer be charged for speeding by the person who was speeding in the first place?

The OP has a very good grasp of a number of defenses to get out of speeding tickets which I assume comes from experience. Right, wrong, or indifferent, I'd bet money that when the officer ran the plates he was treated to a list of some of those experiences, so he knew he was dealing with a player from minute one, and it steamed him. Not saying it's right, not saying it's wrong. When my boys would get into a fight growing up, I often told them that "even though it was wrong for him to hit you doesn't mean you didn't ask for it. Don't be surprised that you got hit."

My personal experience with the police over 36 years of driving has been that when you are polite and respectful and say sir like you mean it, you get a lot more breaks. I always try to make clear that I an not going to be a problem. Think about this...every officer knows someone, or of someone, who never came home to their wife and kids after a routine traffic stop turned very bad. The last time I was stopped for speeding, 72 in a 55 zone, I was asked why I thought that might be okay. I told the officer the truth...I wasn't paying attention and as soon as I saw his lights I realized what I was doing, and that I couldn't claim innocence...I did it. He went back to his cruiser, I'm certain to check my records which were clean, then came back and told me that the fine for 72 in a 55 was $189 and it would put three points on my license. Then he told "failure to obey a traffic control device...that would be the speed limit sign...which will cost $106 and carry no points." He explained that he did this because I didn't give him a BS reason why it was perfectly okay to go 72 in a 55 zone.

Lastly, a lot of factors go into determining speed limits, especially on municipal streets with traffic lights. Planners need to set the timing of lights so as to avoid gridlock, and traffic speed is a major part of that equation. In my city, if you settle in at 25 mph you can ride from one end of town to the other and hit every light green, while the guy starting out next to me speeds up to 35 between them and has to stop at every stinkin' one, and we both come out the other side of town at exactly the same time. Look up MUTCD on google for a glimpse into what kind of Rube Goldberg machine it takes to keep the roads moving. I will not dispute that municipalities often use traffic fines as a revenue stream, but it is definitely not the reason for speed limits.

I doubt I'll convince anyone, but that's my two cents.

Ommmmm. Ommmmm. Ommmmm. Now I feel better.
 
#129 ·
Few years back, I was working a temp job about 60 miles from home. It was winter time and pretty cold for North Florida. Day time temp was only about 34, soon as the sun started setting, temp was dropping fast. I was on my way home at the end of the day and got away from work late. I knew it was going to get real cold pretty quick so, I was booking it home. Looked in my mirror and saw the blue lights coming up fast so, I went ahead and pulled over. By the time the trooper got out of his "Blacked out Suburban" and walked up to me, I had my helmet off and license out. I was smiling when we made eye contact and told him he wasn't playing fair using an unmarked vehicle. He laughed and asked if I knew why he stopped me. I told him yes, cause I was hauling azz. He asked me why, told him I didn't want to freeze mine off before I got home. He ran my license, we chatted for a couple of minutes then he told me he would be on that stretch of road for a few weeks and to slow it down. No ticket, no attitude. I think its all in how you present yourself. I knew I was wrong and was ready to suffer the consequences.
 
#133 ·
Maybe the body language of the officer (when the video is reviewed) will reveal the "yelling" to be either yelling or simply an elevated volume due to ambient background noise. They do say body language "speaks" in volume.

Just out of curiosity, what is the age of the OP?
 
#139 ·
More info for the inquiring minds:
Wear an open face helmet with visor.
Turned my engine off. Got my insurance card out to hand to him by the time he approached me; the yelling began. He didn't ask for my license until he stopped giving me the second degree. Didn't ask for my insurance, but I gave it to him anyway.

I'm in my 40's with two Masters degrees.
BTW: I was riding my Beemer bike.
 
#140 ·
I'm in my 40's with two Masters degrees.
I'm on your side but I hate it when people try to validate their intelligence or trustwortiness by stating their education. I've had many years of education for the various fields I've worked in and none of it made me more honest, wise, or intellectual. It just made me more capable of working those specific jobs and gave me the required certification. I won't trust someone just because they spent time in school. Sorry, just had to vent on that subject as some of the wisest, most honest people I've encountered in life were poorly educated.
 
#143 ·
Traffic laws and mechanisms ( yeah I threw that in) not primarily driven by revenue?

Seeing red, ticketed drivers sue NYC over brief yellow lights | Reuters

I bet they don't discriminate either

Motorcycle only checkpoints outrages national lawmakers | Clutch and Chrome

or violate freedom of choice.... anti cell phone laws ..why are YOU being penalized for some other idiots inability to talk and drive at the same time?

Helmet and seat belt laws.. Your body.. Your choice

Even exhaust laws are particularly discriminatory against motorcyclists. Whether a vehicle such as a Semi or even a plane needs to be as loud as they are is not the issue, the issue is they are given a pass when it comes to decibel laws ( with the exception of a few dinky ordinances.. no Jake Brake and such. Latitude is also given to trash vehicles. snow removal equipment and such. Save me the speeches that they are necessary .. trust me, your friends as Noise Off and groups like them don't care, they was ALL noise ( except of course what THEY consider acceptable stopped and fined to death.. no ulterior motives there.. but the states don't care for they have a seemingly easily target... the weakest of the herd as it were. Cash Cows too rebellious by nature to learn, and always trying to work around the laws that confine them.. a few hundred years ago we would call such men and women patriots ...mmmm my how times have changed.
 
#145 · (Edited)
Went to Municipal Ct today to meet with City Attny on citation today for pre-trial hearing (without an attny).

While waiting to be called, they called me out of the blue, took me to the side and was told the judge is dropping the charges. BOO-YA! I walked out a happy man. Everyone else can plea "guilty," suckers!

Now, if only Houston can beat the Patriots; Losing 14-0 just in the 1st quarter. Damn.
 
#148 ·
Let's forget the yelling part.

The fact is there are policies and procedures that law enforcement and municipalities must follow, just like you do at your job. Once you are issued a citation its just a matter of educating yourself; you will see holes in how they do things.