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Court for helmet ticket today...UPDATE

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  #51  
Old 03-27-2007, 06:12 PM
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Default RE: Court for helmet ticket today...

I would like to point out that I mentioned the employer (I said "boss"). I would also like to point out the bajillions of laws are never enforced. Jaywalking in may places in never enforced. Most consensual sex "crimes" between adults weren't enforced (mostly) (until most were ruled unconstitutional by the US Supreme Court a few years ago). Oh, and having plates sideways on a bike in Illinois has never been enforced as far as I can tell (I'm posting a new thread on that one).

I hope you don't take my responses as attacks. I merely mean them as polite discourse.


ORIGINAL: CHEESE

ORIGINAL: LTrain


The difference is that as part of our tri-partate government, law enforcement officers, as part of the executive branch have discretion which laws to enforce.
Fair enough to an extent (no need to get into specifics in this thread), but when it becomes appearant that an officer is refusing to enforce a certain law (and it will) how would you expect his employer to react towards him/her? Not really a good career move there.

Maybe you give a break here and there based upon individual circumstances, which is why the officer's discretion is allowed, but you can't let everyone off for everything all the time, as petty as the offense seems to some. Cops cannot be activists, at least not on duty and in uniform.
 
  #52  
Old 03-27-2007, 06:21 PM
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Default RE: Court for helmet ticket today...

A DOT sticker is no big deal,you could always paste a sticker on any helmet.They have to prove the helmet meets or doesnt meet Dot rules-not you!Can you image what that would cost a police dept?Fight it you will at least get the fine lowered,dont be a smart alick and hope the local judge isnt also looking to get his pockets lined.
 
  #53  
Old 03-27-2007, 06:25 PM
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Default RE: Court for helmet ticket today...

ORIGINAL: LTrain

hope you don't take my responses as attacks. I merely mean them as polite discourse.
That's exactly how I took them, as polite discourse, and I hope you did the same. discretion in traffic enforcement can exist to the point that the public allows. The officer answers to the chain of command, leading up to the chief or sheriff, who in turn answers to the public. The department's "focus" is usually dictated in this manner, not by the individual officers. That's all I'm going to say about that.

I have been involved in many similar debates as this; enough to know that it cannot be won. Before anyone slips into the realm of misinterpreting at best and misquoting at worst, I'm out. Have a great day, remember to wear appropriate gear as dictated by your local legislator!
 
  #54  
Old 03-27-2007, 06:26 PM
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Default RE: Court for helmet ticket today...

No slam here meant for Anibus, However, you all are taking his word that other violations did not occur. It's been my experience that (good) people get amnesia and forget some of the actual facts when they cry later. I hope he gets a break, but getting on here and crying around gets real old and then the cop bashing ALWAYS starts. Blah,Blah,Blah GET OVER IT.

Hugs and Kisses, Lynn
 
  #55  
Old 03-27-2007, 06:26 PM
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Default RE: Court for helmet ticket today...

ORIGINAL: LTrain

ORIGINAL: Jezcruzen



Ummm. I thought he would have had to have had probable cause in order to pull you over.
Probable cause to stop is the belief that a crime or violation has been, is being, or is about to be committed. I'm sure the officer believed (I'm sure the officer will testify s/he believed) thatthe helmet was not DOT, and therefore effectuated a traffic style Terry stop. Upon closer inspection during the stop, it seems the officer concluded a violation did/was in fact occurring. I hope the judge disagrees with the officer.

This thread has gotten way of course. An officer doesn't need Probable Cause to stop a vehicle, only Reasonable Articulable Suspicion that a crime has been, is occurring or is about to occur. And violations of the traffic laws (including equipment violations)in most states are misdemeanor crimes.


Back to what the thread was started for. Good Luck Anubisss, even though you were in violation of Cali's helmet law I hope it all worked out for you.
 
  #56  
Old 03-27-2007, 06:45 PM
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Default RE: Court for helmet ticket today...

Sounds to me like a Bulls@&t money grab. The officer must of had to meet his quota. I under stand the officer was just doing his joband that the law was broken but like was said before there are bigger fish to fry. Seems to me like the officer took the easy violation as apposed to something that would have involved more investigation and paper work or effort. The cop was to lazy to find any real criminals. IMO
 
  #57  
Old 03-27-2007, 06:52 PM
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Default RE: Court for helmet ticket today...

Justice would have been better served had the Officer used that radar gun to catch a few speeders. How many got away while he was messin' with Anubisss? Good luck today!
 
  #58  
Old 03-27-2007, 06:54 PM
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Default RE: Court for helmet ticket today...

Punisher is right. I always confuse Reasonable Suspicion and Probable Cause. Thanks for correcting me!

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This thread has gotten way of course. An officer doesn't need Probable Cause to stop a vehicle, only Reasonable Articulable Suspicion that a crime has been, is occurring or is about to occur. And violations of the traffic laws (including equipment violations)in most states are misdemeanor crimes.
 
  #59  
Old 03-27-2007, 07:07 PM
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Default RE: Court for helmet ticket today...

ORIGINAL: LTrain

Punisher is right. I always confuse Reasonable Suspicion and Probable Cause. Thanks for correcting me!

ORIGINAL: The Punisher


This thread has gotten way of course. An officer doesn't need Probable Cause to stop a vehicle, only Reasonable Articulable Suspicion that a crime has been, is occurring or is about to occur. And violations of the traffic laws (including equipment violations)in most states are misdemeanor crimes.
Of course he's right, he Da Man![sm=groupwave.gif]
 
  #60  
Old 03-27-2007, 07:21 PM
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Default RE: Court for helmet ticket today...

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Justice would have been better served had the Officer used that radar gun to catch a few speeders. How many got away while he was messin' with Anubisss? Good luck today!
LOL. Reminds me of a funny happening back in another life when I was LEO. My partner stopped a guy for a rather minor violation and was citing him when the guy made some comment about why wasn't he out there catching real criminals. My partner asked the guy: "Have you ever been fishing?" The guy answered: "Yes". My partner then said: "Did you catch all the fish in the lake?" The look on the guys face was priceless. That happened about 45 years ago and it still gives me a chuckle when I think of it.
 


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