 | | 
07-06-2005, 09:51 AM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,456
| | Quote: |
Originally Posted by BBoy23 The cop was sitting out there looking for speeders. I know it was 35 because I saw the sign before they pulled me over and 43 is just about 7 miles over the speed limit | It's 8 MPH over, but let's not quibble.
So, you knew the speed limit and you still exceeded it? Okay ... what's your defense in court going to be based on? Quote: |
and plus I'm always a safe driver and was not driving recklessly and in a slight hurry and also the cop followed me till I was further down the road before turning on his lights and pulling me over.
| Reckless is not an element of speed. And the fact that he waited a bit before lighting you up is irrelevant to the violation. Quote: |
I was on my way to my job and I do live in a pretty big town and I think its unfair because cops should be out catching criminals not worrying about decent citizens on their way to a job
| Okay ... now, just WHERE do you think we CATCH most those criminals? I'll tel you where ... TRAFFIC STOPS! This is why it is one of the most dangerous things that a cop can do! There are a LOT of wanted people driving around on the roads.
And, being a good citizen, I know that had you been aware of any "real" crime occuring you would have been on the phone reporting it. But, since you didn't report it, and apparently the officer wasn't aware of anything else pressing, he had time to monitor speed safety on the roadway. Quote: |
and plus these cops are never around to pull some punk or other piece of trash over who is driving recklessly and endangering people's lives.
| We cannot be everywhere. And when we pull THEM over for speeding ... like you were ... or driving "recklessly", they give the same speech. When we see them, we stop them.
None of this is a defense to your charge, however. Quote: |
I absolutely do not want to pay this stupid ticket and am going to court on it on my courtdate. How should I further handle it from here?
| You absolutely have the right to dispute it. But, you will need a defense. Saying it wasn't fair is not a defense. You're only real shot will be to research the laws on radars and speed surveys in Arkansas, determine what is required in the court for a good survey, find out the training of the officer in the use of the radar, find out how to obtain the maintenance records of the radar, and then - maybe - beat it through a loophole in there somewhere.
Your best bet is to hire an attorney.
Your second best option is to get one of those self-help books ... but, those books can also get you into trouble as too many people misinterpret the information contained within and tick off judges with their half-knowledge of the law.
If you want the best chance of winning, get an attorney. But, unless the surveys and the training/maintenance is out of whack, your only hope is going to be a dismissal if the officer fails to show for court.
Enjoy.
- Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!" He Who Kneels Before God
Can Stand Before Anyone
....author unknown
| 
07-06-2005, 09:54 AM
| | Senior Member | | Join Date: Apr 2005
Posts: 1,140
| | Quote: |
Originally Posted by BBoy23 I think its unfair because cops should be out catching criminals not worrying about decent citizens on their way to a job and plus these cops are never around to pull some punk or other piece of trash over who is driving recklessly and endangering people's lives. | In other words, the cops can stop anybody they want except YOU, right? Quote: |
I absolutely do not want to pay this stupid ticket and am going to court on it on my courtdate.
| So don't pay it.
Knock yourself out. Quote: |
How should I further handle it from here?
| I think you should give that Judge a piece of your mind.
I'm sure he'll take it to heart, and make the officer apologize for inconveniencing you. | 
07-06-2005, 10:02 AM
| | | Quote: |
Originally Posted by CdwJava It's 8 MPH over, but let's not quibble.
So, you knew the speed limit and you still exceeded it? Okay ... what's your defense in court going to be based on?
Reckless is not an element of speed. And the fact that he waited a bit before lighting you up is irrelevant to the violation.
Okay ... now, just WHERE do you think we CATCH most those criminals? I'll tel you where ... TRAFFIC STOPS! This is why it is one of the most dangerous things that a cop can do! There are a LOT of wanted people driving around on the roads.
And, being a good citizen, I know that had you been aware of any "real" crime occuring you would have been on the phone reporting it. But, since you didn't report it, and apparently the officer wasn't aware of anything else pressing, he had time to monitor speed safety on the roadway.
We cannot be everywhere. And when we pull THEM over for speeding ... like you were ... or driving "recklessly", they give the same speech. When we see them, we stop them.
None of this is a defense to your charge, however.
You absolutely have the right to dispute it. But, you will need a defense. Saying it wasn't fair is not a defense. You're only real shot will be to research the laws on radars and speed surveys in Arkansas, determine what is required in the court for a good survey, find out the training of the officer in the use of the radar, find out how to obtain the maintenance records of the radar, and then - maybe - beat it through a loophole in there somewhere.
Your best bet is to hire an attorney.
Your second best option is to get one of those self-help books ... but, those books can also get you into trouble as too many people misinterpret the information contained within and tick off judges with their half-knowledge of the law.
If you want the best chance of winning, get an attorney. But, unless the surveys and the training/maintenance is out of whack, your only hope is going to be a dismissal if the officer fails to show for court.
Enjoy.
- Carl | Excuse me but I don't look like a criminal nor does my car look like a criminals nor am I as I said. Plus cops have plenty to be watching out for by just patroling neighborhoods especially neighborhoods of high crime like hispanic and black neighborhoods. They could be watching out for wanted men and women. They could be really working their butts off trying to catch criminals esp. before the crime happens because cops like to pick on stupid stuff like speeding. I know we are starting to have a gang and crime problem with all of these un-wanted hispanics moving in but no they want to pick on someone decent no wonder we have such a high crime rate in this country. I was hurting nobody NOBODY. | 
07-06-2005, 10:13 AM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,456
| | Quote: |
Originally Posted by BBoy23 Excuse me but I don't look like a criminal nor does my car look like a criminals nor am I as I said. | That's just fine. But, apparently your car did look like it was speeding. This is a violation of the law. That may not make you "a criminal", but it DOES make you in violation of the law. Quote: |
Plus cops have plenty to be watching out for by just patroling neighborhoods especially neighborhoods of high crime like hispanic and black neighborhoods.
| Ah-HA! Now I see it! The cops should be out popping blacks and Hispanics, and not good, honest, white folk!
Part of that patrol IS enforcing traffic safety. Speeding is a traffic safety issue. And since we find most our wanted criminals in traffic stops, it is a great use of an officer's discretionary time. Quote: |
They could be watching out for wanted men and women.
| And how do they find them by watching out for them? Do you have ANY IDEA how many warrants there are in NCIC? Heck, I don't even know all the people that have warrantsin my tiny county!
We find them on traffic and pedestrian stops. More wanted felons are located in traffic stops than in all the warrant sweeps combined. Quote: |
They could be really working their butts off trying to catch criminals esp. before the crime happens because cops like to pick on stupid stuff like speeding.
| It's ALL part of the job. If you don't want speed enforcement, why don't you march in to your next city council meeting and begin a public discourse on the topic. If you gain political pull, you can probably convince the police to back off and allow the speeders to runhog wild ... never mind that collisions will almost invariably rise when there is NO enforcement ... heck, at least you'd be able to speed. Quote: |
I know we are starting to have a gang and crime problem with all of these un-wanted hispanics moving in but no they want to pick on someone decent no wonder we have such a high crime rate in this country. I was hurting nobody NOBODY.
| And now, since you will hopefully be slowing down, you really won't be hurting anyone.
Oh, and the Hispanics coming from Mexico aren't the gangsters ... the gangsters are our homegrown Hispanics - the ones born and bred here to think that the world owes them ... and that they are above the law (hmmm ... that last part sounds familiar).
- Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!" He Who Kneels Before God
Can Stand Before Anyone
....author unknown
| 
07-06-2005, 11:51 AM
| | | Part of that patrol IS enforcing traffic safety. Speeding is a traffic safety issue. And since we find most our wanted criminals in traffic stops, it is a great use of an officer's discretionary time.
AS I SAID I DON'T LOOK LIKE A CRIMINAL. I WEAR NICE CLOTHES, HAVE A NICE HAIRCUT, CLEAN-SHAVEN AND DRIVES A 2001 FORD EXPLORER AND LIVE IN A $200,000 HOUSE
We find them on traffic and pedestrian stops. More wanted felons are located in traffic stops than in all the warrant sweeps combined.
AS I SAID I DON'T LOOK LIKE A CRIMINAL. READ THE ABOVE STATEMENT!!
It's ALL part of the job. If you don't want speed enforcement, why don't you march in to your next city council meeting and begin a public discourse on the topic. If you gain political pull, you can probably convince the police to back off and allow the speeders to runhog wild ... never mind that collisions will almost invariably rise when there is NO enforcement ... heck, at least you'd be able to speed.
I WASN'T GOING VERY FAST NOT LIKE SOME DRIVERS AROUND HERE WHO DRIVE 90 IN A 35 MPH ZONE WEAVING IN AND OUT OF TRAFFIC EVEN ON NON-PASSABLE ROADS. WHY AREN'T THE COPS PULLING THEM OVER I NEVER SEE THEM PULLED OVER WHEN I HAVE AN ENCOUNTER WITH THEM. I SEE COPS LETTING JAYWALKERS CROSS BUSY STREETS JUST WALKING THROUGH TRAFFIC LIKE THEY HAVE ALL DAY.
Oh, and the Hispanics coming from Mexico aren't the gangsters ... the gangsters are our homegrown Hispanics - the ones born and bred here to think that the world owes them ... and that they are above the law (hmmm ... that last part sounds familiar).
HOMEGROWN OR NOT THEY ARE STILL HISPANICS AND I DON'T WANT THEM AROUND.
- Carl[/quote] | 
07-06-2005, 12:33 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,456
| | Quote: |
Originally Posted by BBoy23 AS I SAID I DON'T LOOK LIKE A CRIMINAL. I WEAR NICE CLOTHES, HAVE A NICE HAIRCUT, CLEAN-SHAVEN AND DRIVES A 2001 FORD EXPLORER AND LIVE IN A $200,000 HOUSE | Please ... describe for me what a "criminal" looks like. I've arrested college professors for child molestation, millionaires for domestic violence, and clean-cut frat boys for rape ... tell me, what does a "criminal" look like? Quote: |
AS I SAID I DON'T LOOK LIKE A CRIMINAL. READ THE ABOVE STATEMENT!!
| And anyone with half a brain would know that criminals come in all stripes. Not an element of speeding. You exceeded the limit. Going "very fast" isn't relevant. The law doesn't say that it's okay to break the speed limit as long as it's only 10 MPH over or less. Quote: |
NOT LIKE SOME DRIVERS AROUND HERE WHO DRIVE 90 IN A 35 MPH ZONE WEAVING IN AND OUT OF TRAFFIC EVEN ON NON-PASSABLE ROADS. WHY AREN'T THE COPS PULLING THEM OVER I NEVER SEE THEM PULLED OVER WHEN I HAVE AN ENCOUNTER WITH THEM.
| If they are observed doing 90 in a 35 and driving like idiots I am sure they will be stopped.
And you never see who pulled over when you have an encounter with whom? Quote: |
I SEE COPS LETTING JAYWALKERS CROSS BUSY STREETS JUST WALKING THROUGH TRAFFIC LIKE THEY HAVE ALL DAY.
| Maybe they have the right of way. And maybe the cops aren't as concerned about pedestrians.
Law enforcement is a limited resource. The utilization of that resource is a political decision and subject to changing political winds. If the mayor or the city council decides that pedestrians cutting across the road is a problem they will likely direct the police to do something.
However, most people have a misperception that people are not allowed in the roadway. This is false. In most cases, a pedestrian is permitted to cross a roadway so long as he is not impeding traffic when he does so. And most any intersection is perfectly legal for a pedestrian to cross whether there is a marked sidewalk or not. Many of these so-called "jaywalkers" may be perfectly legal. Quote: |
HOMEGROWN OR NOT THEY ARE STILL HISPANICS AND I DON'T WANT THEM AROUND.
| Okay ... this post HAS to be a put on! You can't really be that big a bigot, can you?
- Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!" He Who Kneels Before God
Can Stand Before Anyone
....author unknown
| 
07-06-2005, 12:49 PM
| | | Quote: |
Originally Posted by CdwJava Please ... describe for me what a "criminal" looks like. I've arrested college professors for child molestation, millionaires for domestic violence, and clean-cut frat boys for rape ... tell me, what does a "criminal" look like?
And anyone with half a brain would know that criminals come in all stripes.
Not an element of speeding. You exceeded the limit. Going "very fast" isn't relevant. The law doesn't say that it's okay to break the speed limit as long as it's only 10 MPH over or less.
If they are observed doing 90 in a 35 and driving like idiots I am sure they will be stopped.
And you never see who pulled over when you have an encounter with whom?
Maybe they have the right of way. And maybe the cops aren't as concerned about pedestrians.
Law enforcement is a limited resource. The utilization of that resource is a political decision and subject to changing political winds. If the mayor or the city council decides that pedestrians cutting across the road is a problem they will likely direct the police to do something.
However, most people have a misperception that people are not allowed in the roadway. This is false. In most cases, a pedestrian is permitted to cross a roadway so long as he is not impeding traffic when he does so. And most any intersection is perfectly legal for a pedestrian to cross whether there is a marked sidewalk or not. Many of these so-called "jaywalkers" may be perfectly legal.
Okay ... this post HAS to be a put on! You can't really be that big a bigot, can you?
- Carl | Fortunately I have had the advanatge of not knowing any criminals personally in my 24 years of life. I go based on what I see. The people I see in mug shots in the newspaper or on the TV news, you know the blacks , hispanics and white men with gross hair, dirty old clothes and look just mean! I mean thats all I ever see in the news. When I hear about white-collar criminals commiting crimes its business-realted crimes.
I'm talking about road rage encounters when someone weaves in and out of traffic going 100 miles in a 35 MPH Zone or threatens you.
Pedestrians I am talking about are crossing at non crosswalks in the middle of heavy traffic on busy highways like they own the road putting their lives at risk.
I'm not a bigot I just want to be around my own kind! | 
07-06-2005, 01:11 PM
| | Member | | Join Date: Mar 2005
Posts: 132
| | | Does Martha Stewart LOOK like a criminal? | 
07-06-2005, 01:26 PM
| | | Quote: |
Originally Posted by kathrynne Does Martha Stewart LOOK like a criminal? | Yes, actually John kerry looks like one too. He hides secret Communist affiliation files deep in his hair.  | 
07-06-2005, 01:58 PM
| | Senior Member | | Join Date: Feb 2003 Location: California
Posts: 18,456
| | Quote: |
Originally Posted by BBoy23 Fortunately I have had the advanatge of not knowing any criminals personally in my 24 years of life. | That's the beauty of it, most people do not know when they come across a criminal. How many times do you see on the news after some horrific event or the arrest of some fugitive that all the neighbors shake their heads and say what a good or quiet fellow he was? Criminals, thugs and villains don't wear uniforms identifying them to the rest of us. Some dress the part, but many more do not. And others dress the part but are not "actors" at all. Quote: |
I go based on what I see. The people I see in mug shots in the newspaper or on the TV news, you know the blacks , hispanics and white men with gross hair, dirty old clothes and look just mean!
| Gotta stop going by the news accounts. Some of the people we arrest look that way, but many do not. Quote: |
I mean thats all I ever see in the news. When I hear about white-collar criminals commiting crimes its business-realted crimes.
| Stealing your life savings with a stroke of a pen is just as heinous as stealing it at gunpoint. Unfortunately, they are not yet punished quite the same. Quote: |
I'm talking about road rage encounters when someone weaves in and out of traffic going 100 miles in a 35 MPH Zone or threatens you.
| Get a license plate and report them. Cops can't be everywhere.
When I worked crime prevention in the city of San Jose in the 80's there were more than 750,000 people and 150 square miles of city patrolled by 1135 officers ... on a full shift there were 72 officers in the field - on the average (with time off, training, sick leave, etc.) there were 60 available. That doesn't leave a lot of officers to be everywhere where the idiots are driving. They go where there are continuing problems. It's all about the appropriate allocation of resources. Quote: |
Pedestrians I am talking about are crossing at non crosswalks in the middle of heavy traffic on busy highways like they own the road putting their lives at risk.
| Okay. If they get seen, maybe they get a ticket. Maybe they don't. It's all about discretion and resources.
In my department we could spend all day citing kids for not having bicycle helmets ... then turn around and do it tomorrow. We choose to cut some slcak on that violation because it is so pervasive at this time. I am sure there will come a time when it is a hot-button issue - right now, it isn't. But, speeding and people blowing stop signs IS a big issue here ... so we are taking steps to address it. Quote: |
I'm not a bigot I just want to be around my own kind!
| I'm around my own kind every day ... humans. Blessedly, they sometimes have different skin tones, cultures, thoughts and ideas. Most tend to be conservative Christians, but diversity can be a good thing. Try it. It might open your mind.
- Carl
__________________
A Nor Cal Cop Sergeant
"Make mine a double mocha ...
And a croissant!" He Who Kneels Before God
Can Stand Before Anyone
....author unknown
| 
07-11-2005, 03:00 AM
| | Member | | Join Date: Dec 2004
Posts: 193
| | Quote: |
Originally Posted by BBoy23 I'm not a bigot I just want to be around my own kind! | You are in luck, BBoy. While you are sitting in court, waiting for your case to be heard, you will be in company with your own kind, other speeders, there for the same thing. It would be a good idea, while waiting, however, if you do not vent too much of the "not a bigot" stuff you have been telling us about on this board. The judge may be one of those undesirables. | 
07-11-2005, 03:11 PM
| | Member | | Join Date: Jan 2005 Location: illinois
Posts: 130
| | "The people I see in mug shots in the newspaper or on the TV news, you know the blacks , hispanics and white men with gross hair, dirty old clothes and look just mean! I mean thats all I ever see in the news. When I hear about white-collar criminals commiting crimes its business-realted crimes. "
My mother lost nearly her ENTIRE life savings, well over $850,000 dollars because of those "innocent" white collar criminals who didn't hurt anybody. All the hispanic gangbangers in the world couldn't do that to her. bboy23,
You are what is wrong with this country, ignorant white *******s from Arkansas like you. Why don't you go back to your family's roots- lynching slaveholding white trash. You are the type of right-wing ******* that i'm truly afraid of. Btw, is the 23 your age or your IQ score? I'm betting on the latter. Hey if you want to be around your own kind, just start a club for biggots with an IQ of 23 or less.
Last edited by wirry1422; 07-11-2005 at 03:24 PM.
| 
07-11-2005, 03:23 PM
| | Senior Member | | Join Date: May 2000 Location: Catatonic State
Posts: 75,781
| | | [quote=BBoy23]Part of that patrol IS enforcing traffic safety. Speeding is a traffic safety issue. And since we find most our wanted criminals in traffic stops, it is a great use of an officer's discretionary time.
AS I SAID I DON'T LOOK LIKE A CRIMINAL.
**A: but you sound like an idiot. | 
07-12-2005, 09:35 AM
| | Junior Member | | Join Date: Apr 2005
Posts: 12
| | Quote: |
Originally Posted by BBoy23 Fortunately I have had the advanatge of not knowing any criminals personally in my 24 years of life. I go based on what I see. The people I see in mug shots in the newspaper or on the TV news, you know the blacks , hispanics and white men with gross hair, dirty old clothes and look just mean! I mean thats all I ever see in the news. When I hear about white-collar criminals commiting crimes its business-realted crimes.
I'm talking about road rage encounters when someone weaves in and out of traffic going 100 miles in a 35 MPH Zone or threatens you.
Pedestrians I am talking about are crossing at non crosswalks in the middle of heavy traffic on busy highways like they own the road putting their lives at risk.
I'm not a bigot I just want to be around my own kind! | I can see now this person doesn't want good sound advice.
They want to vent the fact that they are against races other then theirs!
__________________ God Bless
James from Ohio | |
Currently Active Users Viewing This Thread: 1 (0 members and 1 guests) | | | | Thread Tools | | | | Display Modes | Rate This Thread | Linear Mode | |
Posting Rules
| You may not post new threads You may not post replies You may not post attachments You may not edit your posts HTML code is Off | | | |
All times are GMT -5. The time now is 03:44 PM.