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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 12-23-2004, 07:01 AM
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Join Date: Dec 2004
Posts: 5

need advice please


What is the name of your state? Pennsylvania
My husband was driving to work with our teenage son on a back country road. There was a unmarked policeman parked on a side road. He pulled out after my husband passed him and He said my husband didn't fully stop at the stop sign and failed to use a turn signal. Which MY husband and son both say the cop was not right behind them then and said he did stop but the car in front of them didn't. Anyways The cop pulled him over once they were about 5/10ths of a mile from the stop sign I think. I know it was wrong but husband had fudged inspection sticker til part came in for it would pass(which it had already been inspected this year but place we bought it messed up and needed inspected 6 months later) Well needless to say the cop seen this and took inspection sticker. The cop thought he was someone else and whom they had a warrant for and treated him very badly. The cop had my 15 year son call me on my husbands cell phone and tell me what was going on the cop got on the phone and said I had to have someone come get my son in the middle of nowhere he wouldn't take him back to the police station which is right accrossed the street from his brothers house. The cop told me they were taking my husband to jail and that I could probably post bail the next morning. He was very rude and didn't want to believe us it was a stolen and recovered vehicle I told him to look on the registration it says on there and the vin number is on the driver side door. They ended up letting him come home they said to him consider yourself lucky I'm letting you go. Then about a week and a half later we get a registered letter form the DJ. They charged him with (2counts) altered forged or conterfiet documents, use of certificate of inspection, turning movements and required signals, stop signs and yield signs, operation of a vehicle without cert of inspection. In the summary made by cop I found 2 misrepresentations. The cop was not in full uniform and he stated my son was sitting in the back seat behind my husband which he was in the passanger seat. I called the public defenders office as we cannot afford an attorney and they said they cant take it cause We told them gross income which we tried to tell the lady on the phone but she said we must appeal it she can't change it when we told her not even a minute after he told her amount. We even said we would bring pay stubs up to them as proof of income she said no appeal it well I have a little over 2 weeks til his hearing in front of the DJ. I don't know what to expect and I am terrified of my husband going to jail. We have four kids and rely on his income. As I do not work nor do I drive. Any help in what to do or what to expect would be greatly appreciated and sorry this got so long. Thank you.
  #2  
Old 12-23-2004, 08:39 AM
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Join Date: Jul 2004
Posts: 17,799
Your husband has not be honest in his dealings.
You are in a difficult position and were not there to know how much of this is true or whether it is significant or not.
The charges seem consistant with what you said.
Your husband needs an attorney, otherwise he will have to face what ever the consequences are, and in turn you and your family.
  #3  
Old 12-24-2004, 02:12 AM
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Join Date: Jul 2002
Location: Northeastern Pennsylvania
Posts: 759
There is no circumstance that would require your personal vehicle to be reinspected within 6 months. A vehicle inspection is good for one year.

If the vehicle was stolen and later recovered, it wouldn't state such on the registration card.

If the Public Defenders office won't represent you, then you are going to have to hire an attorney.
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  #4  
Old 12-24-2004, 05:51 PM
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Join Date: Jan 2004
Location: Hoosierville
Posts: 62

Thanks for the warning


"We deal in lead, friend"**************....Wow..finally a honest statement from our friends of law enforcement..
  #5  
Old 12-25-2004, 07:48 AM
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Quote:
Originally Posted by Bravo8
There is no circumstance that would require your personal vehicle to be reinspected within 6 months. A vehicle inspection is good for one year.
Actually yes it can when the dealer u bought the car from messed up. He got the plates for September instead of Jan. Which we bought it in Jan.

Quote:
Originally Posted by Bravo8
If the vehicle was stolen and later recovered, it wouldn't state such on the registration card.
That was my mistake in typing I meant the documents we have in the car that we carry to prove where the vin number is. Plus it does state on the title which is also in the car.
  #6  
Old 12-25-2004, 08:05 AM
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So are you trying to blame all this on the dealer?

If the inspection was due in September, it was due in September and any part needed to repair should have been ordered and proof of that carried in the vehicle if an inspection had to be delayed, most ports are available within a few days.

Your husband still didn't stop completely, take all his evidence with him to court and proof of the work complete and inspection with him to court.
  #7  
Old 12-26-2004, 12:06 AM
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Join Date: Jul 2002
Location: Northeastern Pennsylvania
Posts: 759
Do you mean the registration? That's different than the inspection.

If the vehicle shows an inspection sticker expiring in September, but you bought the vehicle in January...oh well. The dealer is not under any legal obligation to inspect the vehicle and affix a new sticker before you take delivery of it.

The registration and inspection don't have to match.
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When did they stop adding fluoride to the water, and start adding STUPID?
  #8  
Old 12-26-2004, 12:10 AM
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Location: Northeastern Pennsylvania
Posts: 759
Quote:
Originally Posted by zwara
"We deal in lead, friend"**************....Wow..finally a honest statement from our friends of law enforcement..
Actually, it's a quote from Steve McQueen in "The Magnificient Seven", which was later quoted in Steven King's The Dark Tower.
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When did they stop adding fluoride to the water, and start adding STUPID?
  #9  
Old 12-31-2004, 08:59 AM
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Join Date: Dec 2004
Posts: 5
Quote:
Originally Posted by Bravo8
Do you mean the registration? That's different than the inspection.

If the vehicle shows an inspection sticker expiring in September, but you bought the vehicle in January...oh well. The dealer is not under any legal obligation to inspect the vehicle and affix a new sticker before you take delivery of it.

The registration and inspection don't have to match.
No I meant that the plates to the car he did wrong. We got it inspected a month or so after purchasing but needed to do again the same year to match the plates since the dealer was an idiot and that is being kind but I won't go into all the dealer did has nothing to do with this.. And instead of posting twice I'll reply to other here too. No I am not blaming the dealer and as my son and my husband said he did stop and the cop wasn't behind him I wasn't there so I can't say for sure. The bad part was it was scheduled to be done the next day ugh. We did get it inspected the next day. We had to special order a part is why it wasn't done yet. I am hoping that they just give him a fine or whatever I am hoping they don't send him to jail for this. I am not saying it wasn't wrong just that I know of people around here who have done worse and they do nothing about it. And not that it makes a difference but my husband has never even had a traffic violation before this is the first time he has ever done anything unlawful.
  #10  
Old 12-31-2004, 09:55 AM
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Join Date: Jan 2004
Location: Hoosierville
Posts: 62
Quote:
Originally Posted by Bravo8
Actually, it's a quote from Steve McQueen in "The Magnificient Seven", which was later quoted in Steven King's The Dark Tower.
...oic**************
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  #11  
Old 01-01-2005, 03:59 AM
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Join Date: Jul 2002
Location: Northeastern Pennsylvania
Posts: 759
See, I'm still confused.

For starters, there is no requirement that your registration and inspection must match. They can - and often do - expire in two different months.

If your inspection sticker is expired, then it's expired, It has nothing to do with the registration.

The inspection is good for one year. If the dealer placed a sticker expiring less than one year from the date of inspection, that would be a possible defense to having an expired inspection, since technically the inspection period had not expired.

However, it's immaterial b/c altering the sticker is still illegal, even if the inspection should have been current.
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When did they stop adding fluoride to the water, and start adding STUPID?
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