Legal Advice

You were wrong, by your own admission.

Rebelling is only good when you are in the right…


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Luke 8:22-25

Thanks for the constructive responses. For those of you lambasting me, there’s more to this story regarding this officer.

Not that it matters, I am 35 years old.

I have the utmost respect for the law and am always kind and courteous to officers when I am pulled over.

This guy is a predator and lives and breaths his little speed trap. He is a total a-hole on top of that. I have been pulled twice for no seat belt and once for driving 6 mph over the speed limit. All by the same guy. As for the seat belt tickets, they were in a downtown setting pulling out of a grocery store and into a gas station. We are talking a few hundred yards of driving. I was WALKING and almost in the grocery store once when he comes flying in with blue lights and the bullhorn blazing, screaming at me to get back in my truck…for a freaking seatbelt violation! When I am on the road, I generally always wear my seatbelt.

I understand law is law but some common sense should be applied here. Is this really a good use of the town resources? What about school buses and motor cycles? Where are their seatbelts?

This guy takes delight in exercising his authority and placing undue taxes on our citizens when he should be tackling the rampant drug and gang activity.

Bottom line, although I had no idea there was such a law, it appears he’s got me.

On a side note, When I called the clerk of court, she said no one had ever been written that ticket and basically laughed herself off the line when I told her who the officer was. That should tell you something.

I will probably just pay the fine depending on how my schedule is, but if I have the time, I think it would be interesting to go to court just to see the steam come out of his ears. The way I see it, I have nothing to loose and it pretty much makes him look kind of silly.

In either case, the best thing I have heard yet is drop him a dozen doughnuts the next time I drive by his little area.

“Endeavor to Persevere.
Give,Give… Never Take.”
EC

I will help you out a little bit.

Need more info though.

You were initially pulled for only a seatbelt violation?
Y or N?

When you say, after lunch, a mile down the road, a different officer pulled you and detained you for 20 minutes, what was that stop for?


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Luke 8:22-25

Thanks Phin!

quote:
Originally posted by Phin

I will help you out a little bit.

Need more info though.

You were initially pulled for only a seatbelt violation?
Y or N? Yes, that is correct. Officer “A” made the initial stop mid morning for not wearing a seatbelt.</font id=“red”>

When you say, after lunch, a mile down the road, a different officer pulled you and detained you for 20 minutes, what was that stop for?

I passed officer “A” on the opposite side of town. He had another individual pulled over. I blew the horn and showed him I was wearing my seatbelt.

A mile or so later, apparently he radioed Officer “B” to pull and detain me until he was able to get there which was approximately 20 minutes later. Officer “B” asked me for my license, registration, and proof of insurance. I politely asked him what he pulled me for and he could not give me an answer. He said I would have to wait for Officer “A” to arrive before I could get that information. When officer “A” arrived, Officer “B” gave him my license, registration, and insurance info and left. Officer “A” said he was glad to see that I had my seatbelt on, but that he would be issuing me a citation for improper use of horn.</font id=“red”>


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Luke 8:22-25


“Endeavor to Persevere.
Give,Give… Never Take.”
EC

Is your goal to save $243.00, $268.00, see steam come out of the cop’s ears in court, or to bury the hatchet and quit fighting with this cop?

Tell me more about how you were pulled yesterday morning for the seatbelt also. If you were pulled for anything other than the seatbelt, then just peel $25.00 out of your wallet, and we can just talk about the horn blowing.

If stopped only for the seatbelt, then forget about all the other times he has pulled you. Tell me about only yesterday morning. Where was officer A sitting or moving in relation to you as you passed, or did he see you stopped at a light or stop sign, what kind of view of you did he have, what kind of truck do you have, are your windows tinted, etc.


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Luke 8:22-25

quote:
Originally posted by jisuho

Believe it or not, there are some good laws out there. This is one of them.


Disagree with that statement. An adult should not be forced by law to wear a seat belt. Wearing a seat belt should be a matter of a personal choice. Do I think it's a fantastic idea to wear a seat belt? YES! I would wear mine legal or not. But I don't like a government that starts making personal choices for me. That's a precedence that I don't want to be set... Next thing, they are going to outlaw oreo cookies because they make people have an increased risk for diabetes.
quote:
Originally posted by dernflatlander

play stupid games…win stupid prizes


Ha! Great line!
quote:
Originally posted by pescazorro

If it is in fact a legal stop am I wasting my time going to court as I gave this officer some choice words before we departed. He will not be helping me out. Does the judge have the authority to reduce the fine even if the officer doesn’t want to. According to the secretary at town hall, it will not be reduced but I’m not taking her word.


The judge is always going to side with the cop in these situations. Does he have the authority? Of course he does. Does this mean he is going to side with you? Probably not.

You might think that the cop is wasting the town’s resources, but the judge will likely see it as YOU wasting the town’s resources.

Also, what if the cop had pulled over someone with a weapon who was waiting to shoot the cop in the face and then you come by honking the horn distracting the officer from what he is doing long enough for him to make out the car, giving the other guy the chance to get his jump on the cop? That’s probably how the judge will look at it. He would probably tell you that you were jeopardizing the safety of the officer and you deserved what you got. He will probably tell you that the cop is “doing his job [duty] and you are interfering with his ability to do his job [duty]”. Judges don’t typically sympathize with people who don’t respect authority. They want you in and out of that courtroom in record time. They don’t like friction in the process. They don’t want to hear trials, and they don’t typically care about your side of the story.

Do I thinks it’s ridiculous that the officer tracked you down? Sure, I do. But, that doesn’t mean I think you can get out of it…

quote:
Originally posted by skinneej
quote:
Originally posted by jisuho

Believe it or not, there are some good laws out there. This is one of them.


Disagree with that statement. An adult should not be forced by law to wear a seat belt. Wearing a seat belt should be a matter of a personal choice. Do I think it's a fantastic idea to wear a seat belt? YES! I would wear mine legal or not. But I don't like a government that starts making personal choices for me. That's a precedence that I don't want to be set... Next thing, they are going to outlaw oreo cookies because they make people have an increased risk for diabetes.

Precedent?

Laws affecting personal choices?

They didn’t teach you about the Hammurabi Code and Moses’ tablets at the College of Charleston?

May want to sign up for some summer philosophy or law classes with Professor Marshgrass or President McConnell.

:stuck_out_tongue:


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Luke 8:22-25

I was referring to laws in a “free country”…

quote:
Originally posted by pescazorro

Thanks for the constructive responses. For those of you lambasting me, there’s more to this story regarding this officer.

Not that it matters, I am 35 years old.

I have the utmost respect for the law and am always kind and courteous to officers when I am pulled over.

This guy is a predator and lives and breaths his little speed trap. He is a total a-hole on top of that. I have been pulled twice for no seat belt and once for driving 6 mph over the speed limit. All by the same guy. As for the seat belt tickets, they were in a downtown setting pulling out of a grocery store and into a gas station. We are talking a few hundred yards of driving. I was WALKING and almost in the grocery store once when he comes flying in with blue lights and the bullhorn blazing, screaming at me to get back in my truck…for a freaking seatbelt violation! When I am on the road, I generally always wear my seatbelt.
I understand law is law but some common sense should be applied here. Is this really a good use of the town resources? What about school buses and motor cycles? Where are their seatbelts?

This guy takes delight in exercising his authority and placing undue taxes on our citizens when he should be tackling the rampant drug and gang activity.

Bottom line, although I had no idea there was such a law, it appears he’s got me.

On a side note, When I called the clerk of court, she said no one had ever been written that ticket and basically laughed herself off the line when I told her who the officer was. That should tell you something.

I will probably just pay the fine depending on how my schedule is, but if I have the time, I think it would be interesting to go to court just to see the steam come out of his ears. The way I see it, I have nothing to loose and it pretty much makes him look kind of sil

quote:
Originally posted by skinneej

I was referring to laws in a “free country”…


Free, like, not having to be detained by the police for 40 minutes in the middle of a work day?

You have a bigger problem with a $25 fine for a seatbelt violation though?

I hope not.

How do you feel about crimes against public morality/decency?

It’s always been a free country right up to the edge of the other man’s nose…


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Luke 8:22-25

quote:
Originally posted by Phin
quote:
Originally posted by skinneej

I was referring to laws in a “free country”…


Free, like, not having to be detained by the police for 40 minutes in the middle of a work day?

You have a bigger problem with a $25 fine for a seatbelt violation though?

I hope not.

How do you feel about crimes against public morality/decency?

It’s always been a free country right up to the edge of the other man’s nose…


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Luke 8:22-25


Yeah, I am with you. My freedom ends where it impacts someone else's. But how does me choosing not to wear a seat belt affect your freedom?

Three sides to every story, sure the officer won’t be here to present his version. Doesn’t really matter because the man has admitted guilt to both charges. Sure the truth wasn’t stretched in the version given.

Why would you intentionally piss a cop off? Not one of your most intelligent moves, I am sure…if you were 18 I would expect it…at 35 you should know better.

“Never argue with an idiot…he will drag you down to his level and beat you with experience.”

I think it’s hilarious, and the cop is obviously a super trooper, but you’re screwed. I’d walk in with a smile, wave at the officer, maybe fake blow the horn at him while waving, and pay the ticket.

quote:
Originally posted by skinneej

But how does me choosing not to wear a seat belt affect your freedom?


Maybe not my freedom…

but my tax bill.

Society has chosen to pay for EMS, health care and even the light bill at the morgue for folks, and seatbelts have some affect on those things they say…

I know I have had three friends die in single car accidents where there was a crash at under 45mph. There are a half dozen others that were part of my personal or work circles at times who have also died when they would have lived if they’d worn a seat belt.

Society bears the cost sometimes for bad personal choices. On a personal level, I think it’s a selfish choice to make when your family and loved ones lose you all because you may have wanted to feel more free. Similar issue with motorcycle and four wheeler helmets.

The motorcycle guys use the personal liberty argument successfully to block any laws, but I guess kids who might operate ATV’s in SC weren’t so “fortunate” in their fight. They’ve got to wear helmets now…

We wouldn’t need any of these laws if our choices didn’t affect others so much.

When someone dies on the hwy, they close it down to take 1000 pictures and measure everything as part of investigation. It could have instead been as simple as an EMT or fireman asking someone if they wished to decline medical treatment, and the tow truck comes and everyone’s back on their way to where they were going. Somebody’s insurance premiums go up, and lawyers don’t get to fight as much.


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Luke 8:22-25

PZ,

legal advice would have been to keep quiet when stopped, but you may have already admitted violation of laws out loud to some folks here. I am not sure- only you know. That makes defense pretty difficult.

If you had said nothing, then you could go into court and silently allow the cop to make his case against you. Many times, cops are not used to doing this, and they fail to prove essential elements before the judge. At that point you ask for the judge to dismiss the charges and explain why.

There has to be proof beyond a reasonable doubt. There’s a law that requires motorists to give an audible signal when passing another vehicle when heading in the same direction. There’s case law where this was used by a plaintiff’s attorney in an argument that a driver who hit a bicycle as it was being past was guilty of violation of that law and therefore negligent per se.

Was there a bicycle or moped being passed by you as you blew the horn? Does the officer know why you blew the horn? He was busy writing someone else a ticket you say.

Next, there is the issue of him not being the guy who pulled you. Is the cop who pulled you going to show up to court? How did he know to pull you? Radio? Objection to hearsay, your honor. Does either cop understand the rules of evidence enough to get around this?

How does either cop know you were who blew the horn? One wasn’t present at all, and the other was preoccupied.

Reasonable doubt.

Is there any other reasonable explanation for what happened besides “YOU BLEW THAT HORN FOR NO GOOD REASON?”

That’s the standard that has to be met.

Now, none of that works if you have admitted to one or both of the cops that you blew the horn for no good reason. Well, it will at least be difficult for it to work then.

Legal counsel here, though,

it seems as though you encounter this LEO daily if not hourly at times. Why not just wear your seatbelt and ignore him? I hear people tell me, “it’s the principle of the thing,” all the time. Well, life is

Could the footage of the dash cam or the recording of the radio transmision be used in this scenario?

Double D.

quote:
Originally posted by Phin
quote:
Originally posted by skinneej

But how does me choosing not to wear a seat belt affect your freedom?


Maybe not my freedom…

but my tax bill.

Society has chosen to pay for EMS, health care and even the light bill at the morgue for folks, and seatbelts have some affect on those things they say…

I know I have had three friends die in single car accidents where there was a crash at under 45mph. There are a half dozen others that were part of my personal or work circles at times who have also died when they would have lived if they’d worn a seat belt.

Society bears the cost sometimes for bad personal choices. On a personal level, I think it’s a selfish choice to make when your family and loved ones lose you all because you may have wanted to feel more free. Similar issue with motorcycle and four wheeler helmets.

The motorcycle guys use the personal liberty argument successfully to block any laws, but I guess kids who might operate ATV’s in SC weren’t so “fortunate” in their fight. They’ve got to wear helmets now…

We wouldn’t need any of these laws if our choices didn’t affect others so much.

When someone dies on the hwy, they close it down to take 1000 pictures and measure everything as part of investigation. It could have instead been as simple as an EMT or fireman asking someone if they wished to decline medical treatment, and the tow truck comes and everyone’s back on their way to where they were going. Somebody’s insurance premiums go up, and lawyers don’t get to fight as much.


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www.joinrfa.com

Luke 8:22-25

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