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Need Urgent Help, Cops Gave Me Unfair Ticket

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What is the name of your state? NV
I was driving in a residential neighborhood approaching a T intersection with a stop sign. I stopped as I always do and turned left. Coming towards me was a sheriff car, they passed me and turned around at the same T intersection and followed me for about a mile before turning on their lights and pulling me over. When the cop asked me if I knew why he stopped me I said I had no idea. He told me that I had blown right through the stop sign. I told him that I stopped, but apologized (mistake?). My friend was in the car and was witness to me stopping.
My car is an older, slightly, beat up red Geo Metro which I believe is actually why he decided to follow me and when I didn_t do anything wrong they pulled me over anyway. They said that this is a high crime area. Which apparently is enough probable cause to conduct a full scale interrogation. Funny, I don_t seem to remember this kind of treatment when I drove a nice car. Is this kind of discrimination / profiling legal?
They ended up giving me a ticket for 70.190 failing to stop at a stop sign $195.00 and 50.212 Not registering my vehicle in NV $350.00, total $545.00.
The story on the registration is that the car is half owned by me and a different friend in Oregon. My friend pays the insurance and drives it sometimes. The car is registered in Oregon because my friend who is an Oregon resident pays the insurance and the car is in Oregon more than half the year. I am a NV resident with a NV driver_s license, but travel a lot and spend a lot of time in Oregon, California, and Nevada. I explained this to the cop but he gave me a ticket anyways. I know it looks funny, but I didn_t do anything illegal, did I?
I have been stopped by sheriff due to high profile reasons in Las Vegas, NV and L.A., CA in the past few years and they have never ticketed me for the same lack of registration as a Nevada resident.
The sheriff said, I kind of seen you in the same town before and he asked me how long I have been living in NV and I said 15 years. They pulled my friend and me out of the car and questioned us separately. My friend basically refused to give them any information beyond his name, birth date and address.
The sheriff asked me for my license, registration and insurance.
The sheriff asked, _What are you doing here?_
I said, _I_m just passing through._
He said, _No one passes through here._
Then I said, _I was just visiting a friend._
He asked, _Where?_
I said, _In Sun Valley._
He asked, _Where exactly in Sun Valley?_
I said, _The North part._
He said, _Can_t you give me a street?_
I said, _I don_t want to violate their right to privacy._
There were 2 sheriff_s in the car that pulled us over and then another sheriff in a SUV came 10 min later.
The sheriff asked us to get out of the car and made me stand in front of the car and my friend in the back. One sheriff was particularly more angry and mean than the other 2. He asked me if he could check the car for guns so that we could continue sitting in the car.
I said, _No, I do not want you to tear everything apart._
He said, _I_m just going to check under the seat for guns._
I said, _I still prefer that you don_t search my car._
Which I learned that it is best not to consent to a search without them having a warrant, even though I don_t have anything illegal in my car, I_ve heard stories of prejudice cops planting drugs or screwing with people in numerous ways once you consent to search.
My friend is being questioned in the back but basically refuses to give any real answers beyond his name, address, and birth date. At one point the mean cop called my friend an ***hole and several times said, _You_re being a *ick._
They continue to question me in the front of the car, I am trying to stay calm and trying to answer their questions the best I can as I figured if I just answer them then they will leave us alone. My friend says that I did wrong and I should have exercised my right to remain silent. However I am not sure if next time I get pulled over and they ask for license, registration, and insurance and I give it to them and They ask, _Do you know why I am pulling you over?_ and I answer, _I would be happy to answer all your questions in the presence of an attorney._ (Like my friend says to say.) I_m not sure what the reaction / consequence of this would be and if that would be the best course of action, any advice please?
The sheriff asks me, _How long have you lived in NV._
I say, _15 years._ (Which is technically incorrect because I was born in Reno and lived here my whole life (I_m 27), except for 4 years I spent going to school in Colorado.) I don_t know why I said 15 years except for that is how long my parents have lived at their latest house.
He asked, _Why isn_t your car registered in NV._
I said, _I_m planning on going to school in Oregon soon and the other half owner lives in OR and she pays the insurance on the car and she drives it sometimes and the car is always going back and forth between here and there._
The mean cop said, _There is no way this car goes back and forth between here and there._
I said, _Actually it_s a very reliable car._
He said, _No, I mean that is a *ull-*hit story._
When the cop first asked for license, registration and proof of insurance the glove box door broke and wouldn_t close.
The sheriffs asked us if we had cell phones. We both said no. Then the sheriff saw a cell phone in the glove box and reached through the window and grabbed it and asked, _Who_s phone is this?_
I said, _It_s my friend_s cell phone and they let me borrow it_
He didn_t believe me and said, _Did you steal this phone?_
I said, _No_
He start going through the phone probably looking at all the phone numbers.
My friend said, _Did you give him permission to grab the phone from inside the car._
I said, _NO._
Was that illegal for the sheriff to reach in my glove box and grab the phone without my consent and permission?
They finally let us go after an hour or more.
My friend and I, but especially my friend has had a lot of past undeserved prejudice and harassment from law enforcement due to being born in another country even though he is US citizen. He used to have long hair and a beard, but he is not a hippy and has never done drugs or alcohol, but is a spiritual wanderer, like Caine from Kung Fu. The law enforcement officers instantly judge him as being a hippy or a druggy. After numerous experiences of unfair harassment he has taken the position that it is best not to say anything at all to a law enforcement officers. His belief is that legally the only information you have to give to a law enforcement officer is your name, address, and birth date and anything else you say it will be used against you and it will be twisted by officers who always lie and manipulate the truth to their advantage by giving you tickets to become the hero of the day in the eyes of their officer friends in the station.
My research however seems to indicate that legally just being a passenger in a car and being under no suspicion of being involved in a crime, it is my understanding that he does not even have to give his name, birth date or address or any information if he chooses. That one only legally has to identify oneself if they are under reasonable suspicion that they have been or will be involved in a crime. Is this correct?
The reason I think it might be better if he doesn_t identify himself, is that the situation always goes downhill fast as soon as they force him to tell them where he was born then they start becoming hostile, prejudice, verbally abusive, disrespectful, unjustifiably mistreating him and detaining him more than an hour, searching him, in the hope that they might find some guns, drugs, etc .
My court date is 8/22/07 which I intend to go to and defend myself. Can I have my friend that was in the car with me when I was pulled over, represent me and speak for me in court? He has a lot better communication skills than I, though he is not an attorney, he is also a NV resident. The back of the ticket says, __Except as noted below, you may comply with this citation by exercising one of the following options: Option 1: Personally appear in court at the time and place indicated on this citation and enter a plea to the offense(s) charged. Your counsel may appear for you. __
How should I prepare for my case?
What is my best defense?
Should I get a letter from my friend in Oregon testifying to the facts (the car stay in OR 6 months or more and I don_t drive it in NV more than a few weeks at a time to visit my parents in Reno, I move around and I don_t stay in Reno in one stretch of time)?
What does the law say about the length of time that a vehicle can be in a certain state without having to change the registration?
Are there any laws regarding what to do when vehicle is owned by two people who are residents of different states?
The car is registered until October _08.
People can be a Continuous Traveler according to OR DMV: _Continuous Traveler
An applicant who travels continuously may use a descriptive address of "continuous traveler" if the applicant is an Oregon resident or domiciled in Oregon but has no physical home in Oregon. For instance, an applicant who has just retired from an Oregon employer may present papers indicating he/she sold a home in Oregon and purchased a motor home. The applicant must also provide a mailing address._
So it sounds like you can be an Oregon resident, have an OR DL and yet be travelling elsewhere in the world and never even come to Oregon. This is not the case though, as my friend who is an Oregon resident has a house and lives full time in Oregon.
 
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Would you please tell me what type of notarized statement letter I must get from my friend in Oregon to testify that the car stays in Oregon more than half a year at a time or anything else that you suggest that would be appropriate to show the judge to drop the ticket totally.
It is the factual truth (my friend will testify to this in person) that he was in passenger seat witnessed me stopping fully before driving at the stop sign.
It the factual truth that the officer without my consent reached in and grabbed the cell phone and looked into all the private phone numbers and repeatedly asked me what is this cell phone number.
It is the factual truth that he mistreated my friend by insulting him and threatening him that I will be looking out for you and if I see you again I will be stopping you.
It is the fact that the officer ignored my friends repeated request for water and to sit down because he was fainting in the heat of the sun 106 degree on July 8th ’07 at noon. Finally towards the end he asked permission from me to open the door and reach out to grab the water bottle from behind the seat for my friend to drink. I was then wondering how come he was aware of his right of asking permission for taking the water out of the car for my friend, but he did not ask permission to grab the cell phone out of the open glove compartment of the car. I believe he not only contradicted himself by not obeying the law in one situation and disobeying the law in another situation to serve his devious motive to find any probable cause and false reason to be able to arrest me and my friend and tow my car and give me a fat ticket, which finally he gave me a ticket and then did let us go.
Please help me to prepare a complete defense ASAP as I am very scared and I have no money to pay the ticket and I cannot afford to go to jail.
PS if you would like to speak to me in person you are welcome to leave your phone number and I will call you.
I appreciate all suggestions and help from all my brothers and sisters
Thank you very much,
Blessings,
 
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Zigner

Senior Member, Non-Attorney
What a story.

1) You ran the stop sign - prove otherwise...

2) I haven't checked the laws, but I'd be willing to bet that your vehicle is required, by law, to be registered.


A bit of advice for the future. Don't be a wise-ass to the cops.
 

efflandt

Senior Member
Whose name(s) are on title and registration?

What you were doing is called acting suspicious. If you are not doing anything illegal, why didn't you or your friend answer their questions. Refusing to answer questions, or not being totally honest (neglecting to mention the cell phone in the glove box), makes you look like you are trying to hide something. Life would be much more pleasant if you cooperate with law enforcement, unless you really do have something to hide. Don't expect a break if you are stubborn and combative.

As far as the cell phone, anything is fair game when it is plainly visible (as it apparently was when your glove box was open).
 
Whose name(s) are on title and registration?
My name and my friend from Oregon's name are on the title (different friend from the one that was in the car with me when I got stopped)?

What percent chance would you say I have of the judge throwing the ticket out?

My friend says it's better not to talk to cops at all because they twist what you say around and don't believe you anyways.
 

Zigner

Senior Member, Non-Attorney
What percent chance would you say I have of the judge throwing the ticket out?
50-50, more or less

My friend says it's better not to talk to cops at all because they twist what you say around and don't believe you anyways.
Your friend is an idiot, and I bet he was the one who helped escalate this situation for you in the first place!
 
My friend says his attorney taught him to never talk to cops, just say, "I would be happy to answer all your questions in the presence of an attorney."

Why would his attorney tell him that if it wasn't correct?
 

The Occultist

Senior Member
There's a difference between preventing self-incrimination, and being an ass to an officer. Your friend did the latter. The only time an officer is ever really required to allow you legal counsel as part of answering questions is AFTER an arrest. If that's what your friend wanted, he certainly is entitled to it! :rolleyes:
 

Schlag96

Junior Member
An interesting question remians... what information is a person required to give to a police officer?

I understand that staring dumbly at a cop will piss him off. But what is the legal requirement?
 

xylene

Senior Member
There's a difference between preventing self-incrimination, and being an ass to an officer. Your friend did the latter. The only time an officer is ever really required to allow you legal counsel as part of answering questions is AFTER an arrest. If that's what your friend wanted, he certainly is entitled to it! :rolleyes:
The right to counsel exists before arrest.

You do not need to answer police questions.

Why would a passenger in a car in a traffic stop be questioned unless it was for the sake of eliciting self incriminating responses? Please answer that and that and you'll realize why answering police questions is stupid.

It doesn't take a genius to tell when someone hates you and is angry and would capitalize on any remark you made to at the very least massively inconvenience you.

This is why I hate dealing with the police.

-

This poster has no chance of beating the case on the stop sign case, even if 15 people were in the car and said he stopped.

The oregon thing. Probably beatable

Don't have your friend Kwai Chang Caine 'represent' you, I doubt he would be allowed to anyway.
 

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