The reason thatthese ticketsget by in court is because the tickets from them are civil penaltites, not criminal or traffic charges. No points are assigned. The ticket doesn't go on your driving record. The arguement that "you weren't driving" rarely works, either. Basically, the state says "it's your car, you are responsible for what goes on with it, if you weren't the driver, then tell us who was.

 

Ah....but that's where it gets sticky. Y'see, traffic offenses are USUALLY established and regulated by the state. In that instance, the STATE is going to charge you with a traffic offense. The litmus test is if a state LEO officer can/will cite you for a criminal offense, then it IS a criminal offense and can't be modified to a civil one without Due Process. IOW, the state can agree via plea bargain to downgrade the offense - but the city can't do so automatically. The fat lady hadn't begun to sing on this thing yet - so stay tuned...

 

The original charge isn't a criminal/traffic offense, so there is nothing to plea down. Basically, the state gets by with it by saying these are one of the civil rules for the privledge to drive on the states roads. If you break the rule, you pay the penalty.

If is the same way with seatbelt laws in Virginia. They made it a civil penalty. You just pay a 25 buck fine for not wearing a seatbelt. No points are assigned. You do not have to pay court costs, because it is a civil infraction.

 

Well most of you know I was a LEO but have now retired. I am hoping that with my bagger and the plate being so high under the tourpak that the camera will not see it. I do try to obey the law but everyone gets shorted by a light at some time. Most people seem to drive like they were optional, ever sit at a green light and wait for the cars crossing of you to stop?

 

Here is a link for some of the spray and a cover: http://www.phantomplate.com/

They are battling this issue right now in Iowa. They assign blame on the vehicle's owner and send the ticket in the mail and you pay it or they come take your license. The main problem is that it assumes guilt on the your part. Don't we have a right that says "innocent until proven guilty" ? That kind of does away with Due Process doesn't it?


Jeff

 

Amen redhwk44

 

Money wins over due process.

Now, I'm not saying I condone this but, if taggers were going to paint something or shoot with paint ***** at something, I would have my preferrences...