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Author Topic: Man Pays Court Fine with 8200 Coins
Thomas Procyk
Phenomenal Film Handler

Posts: 1842
From: Royal Palm Beach, FL, USA
Registered: Feb 2002


 - posted 12-06-2004 11:45 AM      Profile for Thomas Procyk   Email Thomas Procyk   Send New Private Message       Edit/Delete Post 
Best way to aviod getting screwed by the cops is to simply know your rights, and make the cop aware that you're aware of the situation.

First, always look for the officer's name. Continue to answer his questions with his name: "Yes, officer Smith. No, officer Smith." This will sometimes make the cop ease up, knowing that you know his name and are paying attention to his every move.

Second, always ask what you were stopped for. IIRC, the law in this state says that the officer must identify what he's stopping you for before you have to provide license/registration. If it's for speeding, ask to see the radar gun. Write down the model and number of it if you can. This will help you in court if you are faced with a speeding ticket. If the radar gun has not been properly inspected regularly for accuracy, the fine will be dropped.

Third, ask permission every step of the way. "May I reach in the gove box, Officer Smith?" -- "Do I have your permission to reach for my wallet, Officer Smith?" Again, this shows you're aware of the situation and not intimidated.

If you're asked to step out of the car, do so, but lock it behind you. This ensures the cop won't be tempted to perform an uncontested search. If the cop gets pissed, remember, it's your car and you can lock it if you want to.

And last, if at any time it becomes blatantly obvious the cop stopped you and THEN was looking for something to ticket you for (but he hasn't mentioned anything yet) the line, "Am I under arrest or otherwise being detained in connection with a crime? If not, I really need to get going." will set you free. If the officer says, "No." under federal law, you have the right to tell him to "have a nice day" and drive off. [Smile]

Oh, and the officer also can't keep you there for an unreasonable amount of time. I believe this varies from state to state, but it's something in the range of 15-20 minutes for a traffic infraction. Never more than a half-hour. They also can't make you wait for another officer, k-9 unit, etc. Once you have your license, registration and ticket you're free to go. That is, unless you waived your right and agreed to wait when the cop asked you to. [Wink]

=TMP=

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Scott Norwood
Film God

Posts: 8146
From: Boston, MA. USA (1774.21 miles northeast of Dallas)
Registered: Jun 99


 - posted 12-06-2004 12:30 PM      Profile for Scott Norwood   Author's Homepage   Email Scott Norwood   Send New Private Message       Edit/Delete Post 
Having spent many hours researching the Massachusetts laws regarding speeding tickets and traffic stops, I can say that, at least in Mass., cops can legitimately request one's license and registration before explaining the reason for the stop. Apparently, this is not the case in many other states.

Also, as far as I can tell, when stopped for speeding, it is a bad idea to ask the cop to show you the RADAR gun, tuning forks (used for checking the calibration on the gun), or anything else. It puts you in the "memorable" category and can agitate the cop. All kinds of information on the RADAR gun, its serial number, calibration and maintenance history, the officer's training on the device, etc. can be obtained later through public-records requests or through discovery (which method to use depends on the state). You can't win an argument with the cop, but you can win before a judge by showing that proper calibration procedures (etc.) were not followed, that the cop was not properly trained to use the device, or that the police department did not have the FCC license to use the device.

There's also the issue of whether or not the speed limits that are posted are actually legal--in Mass., speed limits are supposed to be based on an "85th per centile study" and are not to be posted arbitrarily; also, all signs are to be approved by the Mass. Highway Dept. Other signs posted without approval or without a study are illegal and invalid.

During a traffic stop, it's generally best to be cordial and do as instructed. With luck, you will receive a warning, rather than a ticket.

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Mark Gulbrandsen
Resident Trollmaster

Posts: 16657
From: Music City
Registered: Jun 99


 - posted 12-06-2004 08:36 PM      Profile for Mark Gulbrandsen   Email Mark Gulbrandsen   Send New Private Message       Edit/Delete Post 
quote:
but you can win before a judge by showing that proper calibration procedures (etc.) were not followed,
I won on this and another account once on a speeding ticket. This was back in the mid 70's in Elmhurst, Il.. In front of the judge I asked the cop to prove that he had calibrated the radar, that the tunning fork was working properly and that the radar itself was working properly at the very instant he caught me speeding. Of course he couldn't proove any of that.... and I took along another piece of artillery that I clipped out of the paper the day before. An article about a cop in Florida that had radared a tree doing 89 mph! That article was the iceing on the cake in my case to proove that Radar is not the final word on anything. They dismissed the case.

In Utah I've heard that requesting a discovery of something as simple as a speeding ticket is pretty much a guarantee of getting off. The discovery takes too long and costs any municpality way too much$$. It also has to be completed within a certain amount of time. Several people out here that I know have had their cases cancled because the requested Discovery couldn't even be completed in the required time !!

The other option to get off is the traffic school. I chose this avenue once and was glad that I did. Turns out the "retired cop" teaching the class was a true stand up comic and he had most of the class rolling in the aisles for the entire 90 min.duration. At the end the entire class went over the answers to the test together and filled em in. That class was a blast... I should go out and get a speeder just to go there again.... there was no cover charge either. This time I'd record it for later comic review.... I wonder if Dave W. has ever gone to this "cops" driving class?

Mark

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Barry Martin
Expert Film Handler

Posts: 203
From: Newington, CT USA
Registered: Jul 2002


 - posted 12-06-2004 11:48 PM      Profile for Barry Martin   Author's Homepage   Email Barry Martin   Send New Private Message       Edit/Delete Post 
Scott, you'd probably love this story. I have had many speeding tickets, I think 7 in two years (back before my car died) but these were always acquired on long overnight rides down to Georgia or Tennessee to visit friends. Couldn't really contest them in court because they took place in distant states like Virginia, Tennessee, etc. and it just wasn't worth it to go back there so I paid them. By far the stupidest was the ONLY ticket I've ever gotten in Massachusetts.

My wife (pregnant with our first) and I were going down to King Richard's Faire, traveling down Route 1. It had rained earlier, but not badly and the road was slightly wet. Well, coming around a bend in Route One near/in Chelsea there is a spot that is notorious for skidding out. I had one group of friends driving ahead of me and one behind. The ones behind didn't know the way and were starting to drop back far so I slowed down from 60mph to 50 mph to let them catch up. Then my car loses traction (despite new tires) and my 1997 Pontiac Grand AM does a 360 spin from the "passing lane" on the left and crosses the other 2 lanes coming to rest at the side of the road.

Scared shitless, we just sat there getting ourselves calm. We got out of the car and I came over to the passenger side to check on my wife when an 18 wheeler starts losing control towards us. I threw my wife over the guardrail and jumped it. Fortunately the trucker got control before hitting my car. I realized that someone was going to get hurt (someone had actually spun out 10 minutes before us and her car had gone up onto the guardrail and had a road sign impaled through the engine, she had called for the police but they weren't there yet) and made a sign saying "SLOW DOWN!" and ran up the road past the point where we spun out.

For the most part, nobody else spun, a couple slides and rubs against the guardrail in the passing line, but nothing major. The police arrive and I ask if he can take over so my friends and I can get going and he asks I keep it up for a few minutes while they ascertain the situation. Finally 15 minutes later he comes to me and says he'll take over and I need to go see his superior. This guy asks how fast I was going and all this and when I tell him I wasn't sure, 55 or 50 he says "You shouldn't be going that fast when it's wet like this, there is a slippery when wet sign back there (there wasn't)". So he writes me a ticket for speeding! [Eek!]

Needless to say, I contested it and when I got in front of a magistrate and a State Trooper representative I told them I hadn't been speeding, about the spinout, and that I hung around trying to help people who would have otherwise probably been seriously injured. Magistrate asks me about my "accident". I said I wasn't in one, what do you mean accident? "On your ticket, 'accident' is checked off." I said I spun out but I didn't hit anything/anyone, is that an accident and he said "No." The trooper rep. didn't know what to say and so the Magistrate says okay, we'll look into it but for now the ticket and accident are off your record. If we find evidence though we can appeal it and put it back on your record."

So I'm really annoyed that this happened in the first place and now that there was an accident on my otherwise good record. Well, come 1 year later when I go to renew my insurance I find that I'm now 7 steps higher because of "guardrail damage paid during an at-fault accident" from the year prior. [Mad] I call the State Troopers office, the Chelsea District Court, and the court says I have to talk to the Insurance Board of Appeals or some such. Well they say there is nothing that can be done, it's on my record and there is no appeal because it's over a year.

As far as I know it's still on my record, and because of that I'm not even pissed I don't have a car right now. But how bout that, I got a speeding ticket from a cop who wasn't even on scene when I was "speeding".

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William Hooper
Phenomenal Film Handler

Posts: 1879
From: Mobile, AL USA
Registered: Jun 99


 - posted 12-07-2004 12:44 AM      Profile for William Hooper   Author's Homepage   Email William Hooper   Send New Private Message       Edit/Delete Post 
quote: Mark Gulbrandsen
I took along another piece of artillery that I clipped out of the paper the day before. An article about a cop in Florida that had radared a tree doing 89 mph! That article was the iceing on the cake in my case to proove that Radar is not the final word on anything.
I remember the speeding Florida tree. Those were the early-ish days of radar, mid-to-late-70s, & a lot was flaky. You got lucky. I got a ticket for 60 in a 45 zone - I was going 45, I carefully watch my speed in town, I was MAD about it, & took time off to go to traffic court in suburb-of-a-medium-market-town. I did the whole shebang too, got the model of radar gun, requested documentation on when the radar was last calibrated (they didn't reply), came with information about that particular model's errors, & general problems with application of the technology.

The judge listened all the time looking up at the ceiling, & when I held up to him my documentation of errors in use, he finally looked at me & said, "Well Mr. Hooper, if this radar didn't work, I don't think they'd have it."

Okeeeeeeeee.

--

I once got a ticket someplace in Georgia for going 57 in a 55 zone. Yeah, I just mailed it in.

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Dave Williams
Wet nipple scene

Posts: 1836
From: Salt Lake City, UT, USA
Registered: Jan 2000


 - posted 12-07-2004 10:49 AM      Profile for Dave Williams   Author's Homepage   Email Dave Williams   Send New Private Message       Edit/Delete Post 
Two and a half years ago I was pulled over at about 3 am, returning from a date and going home. The officer was going in the opposite direction down a dark road. He flipped around and hit the lights.

I pulled over, rolled down my window, and when he approached I had my licence, registration and insurance card all ready for him.

I read his badge and then when he asked for my stuff, I replied, there you go officer Hardy (name changed to protect the guilty). he took a cursory look at my licence, then began looking in and around the car.

I asked him why I was pulled over. He responded "keep quiet and stay in the car". Then he went back to his car, waited 20 minutes, and another TWO cars pulled up. One in front, one more behind.

The officer, with his reinforcements, reapproached MY car and said...

"what are you doing out here?"

Dave "driving"

Officer "dont get smart with me"

Dave "would you rather I get dumb with you"

Officer "We need to search your car, please step out of the car"

Dave "I want to see your duty seargeant right now, I am not stepping out nor am I giving you authorization to search my car".

Officer "you need to step out or I will put you under arrest"

Dave "Well unless you want to pull the wheelchair out of the back seat and help me into it, I am staying right here"

Officer "wheelchair?"

Dave "Yeah, didn't you see the handicap decal hanging off of my rear view mirror, or perhaps the giant metal wheeled thingy in my back seat when you were gazing into my car?"

Officer "the reason I pulled you over is because your front plate isn't attached to your bumper, its in your window"

Dave "what? You saw that at 40 miles an hour?"

Officer "Ill let you go with a warning. Get it fixed."

He walked away and they all drove off.

I mean really? Bored or what? This isn't the first time this happens to me. I am often mistaken for mexican, and when pulled over they speak SPANISH to me. I am ITALIAN. I even said that once when I was pulled over. They began immediately speaking spanish to me. I replied that I am Italian so unless they were serving pasta I wasnt interested in what they were selling. THey let me go from that point, more than likely embarassed for the pull over.

AUGH

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Bobby Henderson
"Ask me about Trajan."

Posts: 10973
From: Lawton, OK, USA
Registered: Apr 2001


 - posted 12-07-2004 12:46 PM      Profile for Bobby Henderson   Email Bobby Henderson   Send New Private Message       Edit/Delete Post 
I don't see why that courthouse in Utah would have any problem with being paid in lots of pennies. Our county courthouse has a coin counting machine, and City National Bank across the street does as well. I've filled gallon jars with pennies and then taken them to that bank, and wasn't charged any fees either. Of course you have to have an account there.

Jeff, a business friend of mine was paid back rent for some office space all in pennies. He arrived at his office one morning to find two big oil drums filled with pennies. There was a tersely worded note attached. Jeff had to borrow a bunch of bank bags and scoop as much of those pennies out of the barrels, mainly to decrease the weight. He had a couple employees help, but it took a few trips to get the pennies transported to the bank.

On quotas, many police departments do have ticket quotas, even if such quotas are not in writing. This is extremely true of all these little speed trap towns all over Texas and Oklahoma. There is a significant amount of departmental funding coming from those citations.

Like Brad, I also donate nothing to my local police department thanks to a very wrongfully given ticket.

I was stopped at the corner of 2nd Street and F Avenue waiting for traffic to finish passing by so I could make a left turn. I had been stopped for around half a minute. Once I made the left turn, this Lawton Police Department cruiser way off in the distance turns on his lights, speeds up to me. I asked the officer why he pulled me over. He claimed I rolled through the stop sign. This cop had some young rookie with him looking on as if he was apparently in training. The fucker gave me an $80 ticket. No warning. Just a big fine to ruin my weekend. To this day I still can't believe that bullshit. And to this day whenever LPD's Police Benevolent Association calls up wanting a donation, I tell them, "call the Comanche County Courthouse, they have all the money I'll ever donate to LPD there."

I really have to say there are a lot of asshole, power-trip jerks working in police departments around the country. I personally know, or know of, certain individuals in my local police department that have no business in uniform. Some are former high school bullies who love to beat the shit out of people. And some are not of very good character. Basically they completely screw up the reputation of an entire police department with their crap. There are lots of good cops who really want to make a positive change in their community. Unfortunately some of us run into those other types of cops who think anyone not in a police uniform is the enemy.

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James R. Hammonds, Jr
Jedi Master Film Handler

Posts: 931
From: Houston, TX, USA
Registered: Nov 2000


 - posted 12-07-2004 04:12 PM      Profile for James R. Hammonds, Jr   Email James R. Hammonds, Jr   Send New Private Message       Edit/Delete Post 
Back to the original post, if they would just do away with pennies, we wouldn't have this problem.
I for one never have a problem with having too many pennies.
When the penny collection in my car builds up, I just wait for heavy freeway traffic and take a trip down the toll road.
Problem solved.

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Steve Kraus
Film God

Posts: 4094
From: Chicago, IL, USA
Registered: May 2000


 - posted 12-07-2004 07:04 PM      Profile for Steve Kraus     Send New Private Message       Edit/Delete Post 
That was my way to get rid of pennies and other change, up until I got a tollway transponder. Quarters I need more than I get in change since the train parking lot requires them. I roll the other change now but haven't bothered to turn any in so the rolls are piling up.

Change is the ash produced by the combustion of money.

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Mark Gulbrandsen
Resident Trollmaster

Posts: 16657
From: Music City
Registered: Jun 99


 - posted 01-07-2005 10:21 PM      Profile for Mark Gulbrandsen   Email Mark Gulbrandsen   Send New Private Message       Edit/Delete Post 
Here's an interesting end to this saga! From todays Salt Lake Tribune.... I couldn't find the bucket of pennies on E-Bay though.

Mark

Article

"Grant Petersen may not have broken the bank when he withdrew 8,200 pennies to pay a traffic ticket, but the Manti man appears to have broken the will of the Sanpete County Justice Court.
The citation Petersen received in November for driving with a broken headlight has been dismissed. And the $82 bucket of pennies Petersen delivered to the court to pay the fine has been returned.
A sheriff's deputy took the bucket back to its owner a few hours after Petersen declined to appear for a hearing on his case.
"He didn't say anything, just gave back the pennies and drove off, and that was it," said Petersen's father, Benton Petersen.
The court initially had ruled the payment was unacceptable.
Petersen, a 30-year-old Wal-Mart clerk, argued that federal law gave him the right to use whatever legal tender he wanted.
Though the court didn't want his cold, hard - and heavy - cash, Petersen is hoping someone else might. On Tuesday, he put the bucket of copperheads for sale on eBay, the auction Web site. Bidding is set to end Saturday.
Petersen, whose story made national headlines, refers to the bucket as "The pennies heard around the world."
"Now you can purchase the actual pennies and bucket which were rejected by Sanpete County," Petersen wrote on his eBay advertisement. "Buy now!"
But thus far, Petersen's come-on seems to have dissuaded any would-be buyers, probably because of his asking price: $25,000.
That would be 2.5 million pennies, if Petersen were willing to accept them in exchange for his bucket of contentious coins.
His ad, however, indicates that only checks, money orders or credit cards will be accepted.

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Joe Redifer
You need a beating today

Posts: 12859
From: Denver, Colorado
Registered: May 99


 - posted 01-07-2005 10:41 PM      Profile for Joe Redifer   Author's Homepage   Email Joe Redifer   Send New Private Message       Edit/Delete Post 
.

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