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-   -   Mt Letter to the Sheriff (http://forums.pelicanparts.com/off-topic-discussions/470386-mt-letter-sheriff.html)

teenerted1 04-24-2009 08:25 AM

Quote:

Originally Posted by Rick Lee (Post 4625493)
And there are several good reasons for running a red light that should not be ticketed. If I'm on my bike heading toward a green light, the road is wet and there's a truck behind me that isn't slowing down when the light turns yellow, I'm going through. And we all know yellow lights have been shortened in many intersections with cameras for the sole purpose of catching more people. Likewise, if I'm on my bike and am the only vehicle at a red light that runs on sensor pads, I don't weigh enough to trip the light. Why should I have to wait for more cars to show up to make the light turn green?

luckily i have never had that problem riding but is there any way that you can prove the truck blew the redlight too?

weight isnt what sets these off. it is an electrical interference by being over the cables set in the road.
my scooter sets them off all the time no problem.
and if you get enough of a BICYCLE over the wire they will trip the system too.

Jeff Higgins 04-24-2009 08:31 AM

Quote:

Originally Posted by sammyg2 (Post 4625483)
Before this descends into one of those threads that starts saying all cops are bad, remember that isn't the case.
Most LEO are dedicated folks who try and do a good job protecting us. A few morons can hurt the reputation of the rest very easily. To the god ones, thanks. To the few rare bad ones, eat crap and die.

BTW, I've never met on of the bad ones yet. I hear they are out there but we haven't crossed paths.

A big, big "plus one" to that, Sammy. A couple of my old hunting partners were Seattle cops (we would still be hunting partners if they had not retired and moved), one of my cousins was a Seattle cop, one of my good buddies in the local P-car world is a retired Seattle cop, and another is a retired King County deputy. I'm proud to call all of them my friends. Great people, one and all.

Every other cop I have ever met at a traffic stop has been professional and courteous. Like I said in the letter, when they get me fair and square, I just pay the fine. Them's the rules. If I think they made an honest mistake, I will mention it, and to a man they have been gracious and professional (and I will contest those tickets). Until these two.

Normally, I would simply ascribe this to an "honest mistake" and move on, fighting it in court. This was different, though. I won't belabor why again; it's all in my letter. But that is what has gotten my Irish up... this was no "honest mistake".

Overpaid Slacker 04-24-2009 08:34 AM

Quote:

Originally Posted by Jeff Higgins (Post 4625393)
Small, concealable recording devices are levelling the playing field a bit, aren't they? I wish now I had one that day. Then again, it would be pretty difficult to record every minute of one's every trip, in anticipation of having to prove one's speed at a later date. Merely taping the interaction after the stop would prove nothing.

Jeff -

Constant vigilance is the price we pay to protect ourselves.

Seriously, check this out. A $300 insurance policy. You can find them on ebay for about $310 shipped.

Once it's wired and you're carrying the gear in your jacket, it's easy. A stuntriding friend has one, and it works very well. It comes with a helmet mount and a separate mount you can use in the car as well. It also comes with headphones so you can use it as an mp3 player in your helmet, while recording....

While on the bike, all of it is on your person, so the po-po would need some sort of cause to search you, for which you can decline consent. In the car, there'd also be some level of probable cause required for them to enter/search your car. Their confiscation/destruction of your property -- a recording device -- would itself be evidence of their malfeasance.

Yeah, a bit of a PITA to plug it in/hook it up but when you've got PROOF that you weren't speeding/swerving when dealing with the cops, or that some shytbag pulled in front of you, or didn't signal, or caused whatever accident you wound up in, it'll be worth it a thousand fold. It'll become like plugging in your Valentine or iPod after a while. Something you just do that takes 10 seconds.

JP

Joeaksa 04-24-2009 08:57 AM

Quote:

Originally Posted by madmmac (Post 4625540)
Jeff, did you ask to see the speed on the radar readout of the gun or unit.

I know that they can flash their hand or swing the unit to create a false number, but it is always a good idea to see the locked in speed.

Good luck.....

Also you can demand to see proof that its been calibrated as per the makers schedule and been kept upgraded to the current software. Any good lawyer will do this and get it thrown out if either of these has not been done.

VINMAN 04-24-2009 09:32 AM

This guy in NYC always videos cops.

Jimmy Justice


http://www.wimp.com/officercaught/

.

m21sniper 04-24-2009 09:43 AM

Quote:

Originally Posted by willtel (Post 4625312)
I read about that case, those guys out and out robbed that place and thought it was ok because they had badges.

Where I live some residents in a neighborhood were upset about people speeding through it and set up a radar gun with a video camera to try and gather evidence against the speeders. One of the repeat offenders turned out to be a cop who was on duty. When he found out he was taped he arrested the couple that set up the camera and attempted to charge them with some type of anti-stalking law. I'm pretty sure it was thrown out of court but I'm sure that made it no less traumatic for a couple trying to protect their children.

Here is another case from Tennessee.
http://carlosmiller.com/2008/07/14/tennessee-man-arrested-for-unlawful-photography-after-photographing-cop/

Just IMAGINE how many bad arrests a total scum bag like that has made in his career.

And he's still out there now most likely...with a badge, and a gun.

It's terrifying, it really is.

There is just plain nothing worse than a bad cop. Nothing.

m21sniper 04-24-2009 09:53 AM

Quote:

Originally Posted by VINMAN (Post 4625659)
This guy in NYC always videos cops.

Jimmy Justice

http://www.wimp.com/officercaught/

.

Nice touch he cop assaulting him too.

Fking scum bag should be flipping burgers. TOTALLY unfit to wear a badge.

Grrrrrrrrrrrrrrrrrrrrrrrrr.

VINMAN 04-24-2009 09:58 AM

Snipe, that guys a local hero here in NYC. He has tons of videos on YouTube.

Superman 04-24-2009 10:32 AM

Quote:

Originally Posted by Rick Lee (Post 4625493)
Likewise, if I'm on my bike and am the only vehicle at a red light that runs on sensor pads, I don't weigh enough to trip the light.

The pads do not sense weight. They are buried wire loops that sense the electrictromagnetic field your engine creates. Still......those loops can fail to sense some motorcycle engines.

Superman 04-24-2009 10:33 AM

I doubt there is any enforceable right to privacy for anyone in a public setting.

Jeff Higgins 04-24-2009 10:38 AM

Quote:

Originally Posted by Overpaid Slacker (Post 4625567)
Jeff -

Constant vigilance is the price we pay to protect ourselves.

It is unfortunate that we have allowed it to come to this. Like I said above, the entire burden of proof should lie with the accuser, not the accused. Additionally, he should not be required to prove his case to those that are already on his side - other agents of the court/state - he should have to prove it to us, the citizenry. A jury of our peers. But, alas, it is not yet that way. We need to work on that. Until we succeed on that front, your link below provides what looks like a working tool we can utilize in this little struggle. Besides, it looks pretty damn cool...

Quote:

Originally Posted by Overpaid Slacker (Post 4625567)
Seriously, check this out. A $300 insurance policy. You can find them on ebay for about $310 shipped.

Once it's wired and you're carrying the gear in your jacket, it's easy. A stuntriding friend has one, and it works very well. It comes with a helmet mount and a separate mount you can use in the car as well. It also comes with headphones so you can use it as an mp3 player in your helmet, while recording....

While on the bike, all of it is on your person, so the po-po would need some sort of cause to search you, for which you can decline consent. In the car, there'd also be some level of probable cause required for them to enter/search your car. Their confiscation/destruction of your property -- a recording device -- would itself be evidence of their malfeasance.

Yeah, a bit of a PITA to plug it in/hook it up but when you've got PROOF that you weren't speeding/swerving when dealing with the cops, or that some shytbag pulled in front of you, or didn't signal, or caused whatever accident you wound up in, it'll be worth it a thousand fold. It'll become like plugging in your Valentine or iPod after a while. Something you just do that takes 10 seconds.

JP


Superman 04-24-2009 10:44 AM

Jeff, I'd like to be kept updated on this, for at least a couple of reasons. I would like to attend your court hearing, if you will permit. Just as a supportive friend. Personal character backup. I'm a labor guy, remember? Solidarity.

Also, I share everyone's concerns about citations, revenue, standards of evidence, etc. Last time I was in court over a citation (about eight years ago I think), there was no legal opportunity for the judge to consider the evidence or the circumstances. The cop was not present, and did not need to be. The judge was clearly frustrated by his lack of authority to hear or consider the case. I wound up with a deferral and everything was fine, but both the judge and I were frustrated that essentially no evidence was required to be submitted by the officer and no authority was given to the judge. The "deferral" program was the legislature's way of "protecting" citizens' interests in the bill that denied judges the authority to hear traffic cases. I think it is time for legislative review of this imbalance.

m21sniper 04-24-2009 10:46 AM

Quote:

Originally Posted by VINMAN (Post 4625711)
Snipe, that guys a local hero here in NYC. He has tons of videos on YouTube.

I'm sure he just 'hates cops' like i do....

m21sniper 04-24-2009 10:47 AM

Quote:

Originally Posted by Jeff Higgins (Post 4625791)
It is unfortunate that we have allowed it to come to this.

It's only gonna get worse.

I mean hello, wake up folks...this. is. only. going. to. get. worse.

Jeff Higgins 04-24-2009 11:50 AM

Quote:

Originally Posted by Superman (Post 4625801)
Jeff, I'd like to be kept updated on this, for at least a couple of reasons. I would like to attend your court hearing, if you will permit. Just as a supportive friend. Personal character backup. I'm a labor guy, remember? Solidarity.

Also, I share everyone's concerns about citations, revenue, standards of evidence, etc. Last time I was in court over a citation (about eight years ago I think), there was no legal opportunity for the judge to consider the evidence or the circumstances. The cop was not present, and did not need to be. The judge was clearly frustrated by his lack of authority to hear or consider the case. I wound up with a deferral and everything was fine, but both the judge and I were frustrated that essentially no evidence was required to be submitted by the officer and no authority was given to the judge. The "deferral" program was the legislature's way of "protecting" citizens' interests in the bill that denied judges the authority to hear traffic cases. I think it is time for legislative review of this imbalance.

Thanks, Supe. I really appreciate the offer. What my lawyer tells me, however, is if this goes to court it's only because I have already lost. According to her, these days a citizen only wins through a pre-trial dismissal on some technical or procedural grounds. So if it does go to court, I plan on sitting in the back row and just heckling the judge. You can join me if you like. We'll be like the two old farts in the balcony on the old Muppet Show.

This part of your response caught my attention: The judge was clearly frustrated by his lack of authority to hear or consider the case. Really? This casts this in a whole new light. I always considered a traffic court judge to be a willing participant in this little sham, running up his "conviction record" in the easiest possible manner, seeking kudos and re-election. Now you are saying he really has no authority??!!

I'm not sure what that means. Is the judge compelled to rule in a certain manner under certain circumstances, or if presented with certain "evidence"? Does the corruption of this little system run that deep, to where his hands are tied? I find that both hard to believe and very disturbing. It's time for legislative review indeed.

nize 04-24-2009 12:34 PM

jeff, have you submitted all of this to the seattle times? they always love a good story, and i'm sure they would also enjoy independently investigating these two in great detail. :)

fintstone 04-24-2009 08:24 PM

I have had the same thing happen to me a couple of times...except we were all very polite.

MMARSH 04-24-2009 09:13 PM

Quote:

Originally Posted by Joeaksa (Post 4625599)
Also you can demand to see proof that its been calibrated as per the makers schedule and been kept upgraded to the current software. Any good lawyer will do this and get it thrown out if either of these has not been done.


Alot of wrong information gets put out in these forums and I seriously hope some of you don't follow some of this advise. I don't know how it is in other states but in California, I have a pretty good grasp of what is required by the law.

The radar/laser can not be set off by waving your hand in front of it. There are other ways to do it, waving a hand in front of it isn't one of them.

You can demand all you want to, but the officer does not have to show you the device. Sometimes I show them, sometimes I don't. If they demand it, I tell them no. If they are nice, I've actually let people try the laser device after explaining to them how it works.

You can demand to see proof that its calibrated and you will be told that you can see it in court. That is the only time it's required to be presented. If it was handed to you on the side of the road, would you know what your looking for anyway? It will be presented at court for the Judge and your lawyer to see.

I can guarantee you that if you go around demanding something that the officer does not have to show you on the side of the road you are not helping your situation at all.

In California, you have to sign the citation. It is not an admission of guilt, it's a promise to appear. You do not have a choice. If you don't sign the citation, your vehicle is impounded and your arrested.

MMARSH 04-24-2009 09:19 PM

Quote:

Originally Posted by Superman (Post 4625801)
Jeff, I'd like to be kept updated on this, for at least a couple of reasons. I would like to attend your court hearing, if you will permit. Just as a supportive friend. Personal character backup. I'm a labor guy, remember? Solidarity.

Also, I share everyone's concerns about citations, revenue, standards of evidence, etc. Last time I was in court over a citation (about eight years ago I think), there was no legal opportunity for the judge to consider the evidence or the circumstances. The cop was not present, and did not need to be. The judge was clearly frustrated by his lack of authority to hear or consider the case. I wound up with a deferral and everything was fine, but both the judge and I were frustrated that essentially no evidence was required to be submitted by the officer and no authority was given to the judge. The "deferral" program was the legislature's way of "protecting" citizens' interests in the bill that denied judges the authority to hear traffic cases. I think it is time for legislative review of this imbalance.



Supe,

The officer didn't show up for court and they didn't dismiss the case? That doesn't seem right. You guys do it different up there i guess.

nostatic 04-24-2009 09:26 PM

All this crazy talk. It's like Mike thinks he's a cop or something.

Oh wait :D

When my back finally heals we need to ride. Best of luck with the fight Jeff. My one appearance in traffic court went down in flames even though everyone in court hissed and boo'd at the verdict.


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