Entrapment doesn't exist with professional officers. There's no need to trick someone into violating a law, there's already enough fish in the sea if you want to make an arrest or write a summons. Doing otherwise will just make the officer open to civil suits and internal investigations. Not saying that it's not done by some, but those that value their career and hopefully the retirement years avoid this type of practice.
Big negative Richard. Believe it or not, we don't have a special toggle to activate those RR lights. Only the railroad or the engineer on the train can do that. The lights are prone to failures and it happens quite often. We have the same problem all the time in my town. Most crossings have only the lights to warn of a train. Sometimes, they go off for over an hour with no train in sight. Want to see some fun, have the same thing happen with crossing sticks lowered and no train. We usually post a cop at the intersection and wave traffic through, until the railroad fixes the problem. I don't know how it works in your state, but here we treat railroad lights the same as stop signs... stop, look and then proceed if it's safe. I'll be honest with ya and tell you that I am unaware of any law in the NJ MV code which prohibits you crossing a RR track with red warning lights activated, as long as you stop first. I'd have to check the books to be sure, but it's safe to say that, if there is anything that prohibits a crossing on red, it's so obscure that only Barney Fife would consider enforcing it :wink: . I'd hazard I guess that you were pulled over for not coming to a complete stop at the crossing. You can only get away with that in California :lol: .
DOH !!! Just re-read your post. Were you driving a truck, guessing you were due to the asphalt reference. It's a good possibility that you were stopped because you didn't stop prior to crossing the RR. We have a law in NJ that mandates that all buses stop prior to crossing ANY RR tracks, doesn't matter if the lights are on or off. Perhaps you have a similar law were you live/work regarding all CDL vehicles ???
Bigsaint they had a railroad truck out there with them... I saw the truck..... They triggered it for them..... And the police was just standing there on the sidewalk waving everyone in that didn't completly stop..... I think the only reason they didn't write me was because I told them that I thought this was entrapment to me... I honestly believe thats why I got no ticket.....
Richard, are you 100% sure that the rail truck was there for the sole purpose of triggering the light for the police, so they could stop motorists and issue summons ? I doubt that the railway would provide the man power for such a event. More likely would be the rail truck at the crossing doing repairs and perhaps a slightly overzealous officer taking advantage of some easy summons. If it's true that they were there for the sole purpose of triggering the light, I feel sorry for you having to live/drive through that town. I can't imagine having so much free time during my tour that I would waste it try to catch motorists with a trick like that one. Again, I'm not second guessing you, just giving you some other possibilities. If it was exactly as you stated, it's no different from me going to a intersection controlled by a traffic light, opening the control box and running the light on manual in an attempt to catch people running the red. I've never seen this done in over 16 years around here.
If I remember correctly, the legal definition of entrapment it states that entrapment occurs when someone is coerced(by law enforcement) into doing something they wouldn't normally do and is then arrested for said action.
Had a case of what I thought was entrapment a while ago. Coming back from NYC up I495 in Massachusetts, cruising along at about 75 - 80 in the left lane, pretty normal speed on 495.
Car comes up from behind, I pull over. The car pulls in behind me.
Right on my butt. I go one more over. Pulls over with me. Right on my butt.
I start weaving across the lane to get him to stay back. No dice. Cross lanes. Crosses with me. Right on my butt. I slow down, he slows down.
By this time I think I have a anti-bike maniac or a drunk driver behind me.
Hit the I93 onramp and gas it. The lights come on.
We have the conversation. I was pretty calm. He told me that he thought I was driving DUI, and that he was worried about my safety???