U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > North Carolina
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 10-17-2011, 08:56 PM
 
2 posts, read 16,180 times
Reputation: 19

Advertisements

Is it legal for a NC highway patrol officer to be parked on the shoulder of a highway and completely shut down, not showing any visible light at any time of the night, and then starting his car to come up to pull you over? I know in some states the law is that they have to have the car running and headlights on while they sit and wait for someone to speed past, otherwise it's entrapment.

Any info on this matter would be much appreciated, especially if it's from a licensed attorney.
Reply With Quote Quick reply to this message

 
Old 10-17-2011, 09:16 PM
 
Location: The 12th State
22,974 posts, read 58,576,458 times
Reputation: 14925
You can contact one of the attorneys that will be sending you mail shortly but I wouldnt fight the ticket rather try to get it reduced for insurance purpose.

How do you know if it was completely shutdown and not sitting there idol which more likely the case so they can run their equipment.

Yes it legal. Its not and its not entrapment where a person is ready and willing to break the law and the government agents merely provide what appears to be a favorable opportunity for the person to commit the crime; In this case speeding is the crime.

NC Highway patrol or any police can setup anywhere on the highway and not just shoulders or ramps I seen them in the valley in middle of the interstate.
NC highway patrol are in unmarked vehicles as well.
Reply With Quote Quick reply to this message
 
Old 10-17-2011, 09:24 PM
 
2 posts, read 16,180 times
Reputation: 19
Thanks for the reply.

I suppose he might've been idling, though there was a complete absence of light inside or outside of the car (i.e. no glow from the laptop, dash lights, etc.).

I was just curious about the laws here in that regard - where I'm from it's considered entrapment, or at least can be argued as such successfully in court.

I was keeping up with the flow of traffic at about 70 in a 65 (though the ticket states 75 in a 60, the freaking liar), and I was the last car in the pack. Just my bad luck, I guess. I think I'll just drop the $218 and hope it doesn't affect my insurance too much.
Reply With Quote Quick reply to this message
 
Old 10-17-2011, 09:44 PM
 
2,837 posts, read 4,153,930 times
Reputation: 6874
75 in a 60 will affect your insurance....
Reply With Quote Quick reply to this message
 
Old 10-17-2011, 09:48 PM
 
359 posts, read 504,321 times
Reputation: 280
Contact an attorney

SMH at "the freaking liar"
Reply With Quote Quick reply to this message
 
Old 10-17-2011, 10:03 PM
 
Location: Charlotte Metro Area
2,155 posts, read 3,381,651 times
Reputation: 1657
Quote:
Originally Posted by Data Miner View Post
Thanks for the reply.

I suppose he might've been idling, though there was a complete absence of light inside or outside of the car (i.e. no glow from the laptop, dash lights, etc.).

I was just curious about the laws here in that regard - where I'm from it's considered entrapment, or at least can be argued as such successfully in court.

I was keeping up with the flow of traffic at about 70 in a 65 (though the ticket states 75 in a 60, the freaking liar), and I was the last car in the pack. Just my bad luck, I guess. I think I'll just drop the $218 and hope it doesn't affect my insurance too much.
If you can prove that the speed limit was 65 instead of 60 where you were pulled over, that would make a large difference on your ticket and the insurance.

On the other hand, do you really think that you could spot the glow from a laptop facing inside the car at 70mph? Even if you could, the speed gun would have already spotted you.
Reply With Quote Quick reply to this message
 
Old 10-17-2011, 10:49 PM
 
1,013 posts, read 2,652,249 times
Reputation: 762
No, it's not illegal.

If you were speeding, pay the piper. If not, hire an attorney.
Reply With Quote Quick reply to this message
 
Old 10-18-2011, 06:19 AM
 
Location: NC
6,032 posts, read 7,557,107 times
Reputation: 6351
Hire an attorney.... this ticket will cost you big in insurance... Depending on the county you can find someone who is friends with or used to be a District Attorney and get it reduced .
Reply With Quote Quick reply to this message
 
Old 10-18-2011, 06:25 AM
 
2,647 posts, read 6,081,893 times
Reputation: 3408
I'm curious to know in what state this would be considered entrapment. Nowhere I know about requires law enforcement to make themselves visible while looking for lawbreakers.
Reply With Quote Quick reply to this message
 
Old 10-18-2011, 06:37 AM
 
595 posts, read 1,404,312 times
Reputation: 387
I think the old "cop has to have lights on" is an urban legend. I have heard the same thing many times, but I have never seen a law that says it is a requirement.

I would think the highway patrol has better things to do than sit on the side of the road in the dark (napping perhaps?) and waiting for you to speed by, but that's just my opinion.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:




Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > North Carolina
Similar Threads
View detailed profiles of:
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top