You're looking at this completely wrong.
In the scenario outlined by witchwaywest, you are not being discriminated against by being given additional penalties for any reason. You are simply going to be prosecuted to the full extent that is legally available rather than being given any kind of discretionary discount.
IMHO, based on your posts in this and other threads, you may want to step back for a minute and look at your role in things if you seem to have persistant problems with LEOs. Making the leap from a traffic ticket to Nazis and the extermination of 6,000,000 people is bit much, don't you think?
HELP! My ticket problem - bad to worse!
Discussion in 'Trucking Industry Regulations' started by Boomerang, Dec 8, 2008.
Page 3 of 4
-
-
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
-
I don't have problems with LEO's. However, after reading some things on this site I began to question their seemingly unchecked authority...(ie suspicionless searches...snatching of a CDL etc...)
The point I'm making is that it may NOT start out as Nazi/Totalitarism...or extermination of any group... If unckecked...Is there a possiblity of becoming a police state? I guess also refering, in part, to the Patroit Act.
Power to the People, Brother!
-
Hey shredfit, I'm a retired copper. And I share your concerns. I've been retired for 12 years now, and happy that I am.
When I was on the job, the laws of Search and Seizure changed about as often as most folks change their underwear. What was legal yesterday is not today, and what is today may be changed tomorrow.
I am sure that there always has been and always will be, certain individuals who exceed their authority. Some through ignorance, some through arrogance, some through avarice. You are aware of this, and I don't think it is your point.
I do think that your point is the direction the country as a whole is heading. And that is my concern too.
Now, as far as the officer's discretion, there is a lot of it there. The guy that bounds out of his car, yelling "NOW WHAT IS YOUR PROBLEM?" is far less likely to catch any breaks than one who is a little more civil.
Is there such a thing as "contempt of cop?" Well, not legally, unless the contempt becomes so bad as to move into the state of "Interference." But cops are human too, and will react to your reactions.shredfit1 and rookietrucker Thank this. -
Hey, hey! We're loosing focus here. I didn't get lippy with the officer. Quite the contrary. He pulled the attitude from the get go. what I'm trying to find is, where's it written (what law/rule) that says I must be in psossession of my CDL.
Thanks -
About half way down on that webpage. Look at table 2 number 7. -
Boomerang,
You need to hire an attorney in this matter(I know, it cost $ but it's really the only thing you can do at this point). Your attorney will find the laws your looking for and he/she will have access to similar cases, including outcomes, that went to court.
Here is what 'you' can do. Document everything to the best of your knowlege... what was said between the officer that took your CDL and you, and how the whole thing went down. Then, focus on Iowa... call the weight station, find out who was there the day you were. Document what he told you(the Iowa officer). Then, hand all this stuff to your attorney. (you might wanna ask your attorney if it is possible to sue for damages...reasonable lost wages, attorney fees... although I think this may be unlikely).
Yes, my point is refering to where we are going in the USA. Specificly our Constitutional freedoms.
I also agree, if you act like a total ### to the LEO, you'll likely get no breaks, but the guy that had his CDL confiscated... states he didn't act uncivilly toward the LEO.
Contempt of cop, as I understand it, is when a cop gets the attitude... How dare this guy give me lip... I'm gonna show him(which can lead to just throwing the book at him, to physical assaults during the arrest).
True story:
When I was a park ranger, another ranger stopped a guy at the boat dock about way he went down there... There was construction and he went through a poorly fenced area. The fisherman immediately started cussing the ranger(he had no right to tell him etc etc..) The ranger noticed that the guy appeared to have too many fish and called a state game warden to the scene. The game warden came, found too many fish, and busted the guy(the guy stated that his grandson was with him and left before the ranger got there... so NOT too many fish)... It didn't work, they then obtained a search warrent for this guys house... this didn't take too long... They found in his freezer about 8 times the fish he could legally have... (the older fisherman stated, I have that many fish because some are my grandsons(2) my son in law, my daughter, my neighbors, my wife, as they do not own large freezers)... Again, it didn't work... They confiscated his fish, boat, and pickup and cited him with the max possible fines. Thousands of dollars.
The ranger could have said, "Please drive this way to get to the dock" Ignored the cussing and went on his way... but choose the "Contempt of Cop"" route. And we had a meeting about this after the above event.Last edited: Dec 11, 2008
-
I would tell you how to handle your situation,...but I've already been shot down by not one but two heavy hitters here on the board. http://www.thetruckersreport.com/tr...dvice/118352-help-with-speeding-ticket-3.html
-
You open a thread that is almost two years old, just to post this?
-
No license = no driving.
What happens if you drive 100 feet up the road and get pulled over again? Will you get a ticket for failure to produce your DL?
Is this actually legal in the US? Can the police take your government issued id over a minor traffic offense? -
i got picked up for 10 over in michigan a few years ago. statee told me $45 cash bond on the spot or he was taking my license. i figured it was crooked but i paid and went on my way. when i did pay the ticket, the $45 went towards the total so it must of been legit...
Trucking Jobs in 30 seconds
Every month 400 people find a job with the help of TruckersReport.
Page 3 of 4