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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.
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.
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.
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.
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 .
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.
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.
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