Court, or pay the fine and move along?

Topic: Court, or pay the fine and move along? (Read 2496 times) previous topic - next topic

Court, or pay the fine and move along?

August 22, 2012, 09:53:54 PM

Cliff's notes:
Wife and I work at her brother's "head shop". Cops (nothing against MOST of them) tend to watch these kinds of places and their patrons for the obvious reasons. However, I don't do anything illegal in regards to any kind of controlled substance...well, except for that one time at band camp when I snorted 14 pounds of pen 15e with charlie sheen and 7 strippers....not. lol

To get to the serious part of the matter, 2 weeks ago this Saturday, my wife received 3 tickets in the Mountaineer; for speeding (31 in a 25 zone) plates that aren't ours (actually, they ARE our's, they belong(ed) to the Caprice) and of course not having the vehicle titled in our name. The deputy searched everything in the mountaineer, even looked under the mat in the cargo area, and above the visors. Talked down to my wife in an unprofessional matter, and verbally harassed another passenger as well. Now before he was sitting up my road, he was staking out the store waiting, and watching. Then he moved his little bird watching campaign to just up the road where he was hidden behind some brush in my fencerow that I've been unable to find time to cut down. Later that night, he pulled over a friend that was on his way here for 10 over the limit and didn't write a ticket.

Now, mind you, the following tuesday I titled and transferred the plates TO the Mounty...question here is should we fight the tickets?

The backstory: the local county deputies want the store shut down...that isn't what this is about though. However, sitting just up the gravel road on which I reside (and have for 29 of my 35 years) to me is a bitch move. The same deputy also ticketed another store employee after a stop for not having a current insurance card. He does have insurance, just didn't have the new card in his truck at the time.

Anyway, we don't do drugs, don't drink and drive, basically don't cause much of a public disturbance of any kind...besides, my grandparents bought this place in 1957....I've lived here continuously since 2006, before that I lived here from 1994 till 1999, and spent every summer here even when I lived in south missouri for 4 years. My dad and my aunt grew up here...as did I.

I know driving around with wrong/un-registered tags isn't allowed, but shiznitfire, I only paid the balance of what we owed on August 7, got the title on the 9th, and on the 11th, she was stopped. One hell of a birthday present, eh?

I don't know (yet) what the fines are for the failure to register and wrong tag tickets are, and really, 6 over on a gravel road? The grain trucks and kids on 4 wheelers go by here faster than 60, sometimes. I've never seen anyone ticketed out here till now for speeding.

Anyway, will appreciate any and all opinions, advice, and such...even from the few of you that are or were LEO's. Thanks!

Court, or pay the fine and move along?

Reply #1 – August 22, 2012, 09:54:45 PM

I can and will scan the tickets if anyone doubts me...

Court, or pay the fine and move along?

Reply #2 – August 22, 2012, 11:31:30 PM

The 6 over is retarded, I think you can just say it's a mechanical problem on your car. The title situation, just say you bought the car a few days ago. I don't know about the plates though. Just what I would do in the situation. Also you can go to the police station and ask for the tape of the traffic stop and if the cop was acting like a Dbag you'll have more evidence that he was just fishing for someone to pick on. Hope this helps.

Court, or pay the fine and move along?

Reply #3 – August 23, 2012, 03:44:54 AM

If the deputy really acted in the way that you allege he did, I can understand your being upset. But laying the cop's behavior aside for the moment, the fact remains that your vehicle was being operated illegally. Accept the responsibility for the failure to observe the law and move on. Nothing good can come from making an enemy of a cop doing his job. As for speeding, think of all of the times that you or your wife have been guilty and NOT been caught... in the end, it all comes out in the wash. You might also take the opportunity to teach your children that even responsible adults make mistakes, but they also own up to them without complaining. As for the cop's behavior, subpoena the dashcam video (and any audio) for your court case, but once you have it, you don't have to use it in the court case, as regardless of what the cop said would be irrelevant to the fact that the law was broken, but would be prime material for use in a civil case against the officer, the department and the city or county.

Court, or pay the fine and move along?

Reply #4 – August 23, 2012, 06:47:09 AM

Pay them and walk away. Be glad they didn't impound the truck for wrong plates as well. You have to understand, over the speed limit (even by 6), wrong plates.....that could tend to make a cop question you, and, how many excuses do you think police officers hear every single day about why it wasn't the speeders fault, or "I was GOING to fix that", or a number of other stories. They get to where they don't care to hear excuses anymore. Wrong plates are illegal. No matter how you word it......no matter what Excuses you make, if you REALLY look at it....you were wrong. Sorry for the bluntness, but, it is what it is.

Perhaps you could take proof that the Mountaineer has it's proper tags and the judge would be lenient on you in traffic court. I wouldn't push it against the officer though.

I have to admit (being a police officer for two years in the past), that your place of employment, speeding, wrong tags.........that can add up to "something looks fishy here". "Head shops" are widely known to step outside the legal arena, therefore, you can't be surprised if they watch those places, and those who attend them. Step back and look at it all as a third person and it'll all make sense.

Court, or pay the fine and move along?

Reply #5 – August 23, 2012, 10:27:01 AM

You guys make valid and understood points. If they would drop the points ticket, which is the speed ticket, I'd be happy. I know driving on invalid plates IS wrong, no arguments there.
The vehicle is legal and licenses, indeed, I did that on Tuesday, 8-14. Would've done it monday, but the exhaust shop was too busy. Anyway, we might just pay 'em and let it ride. I've already all but stopped working at the head shop anyway, because of issues unrelated to this thread's contents.

The deputy searched the car. He or any other LEO is welcome to come search my home. I'll pee on a stick. You can supervise. I'm clean. I got rid of my addictions 6 years ago, and except for tylenol and prescribed meds, I don't do squat. Barely drink.

But still, there IS the stigma of being involved with the store.

Anyhow, thanks for the responses, and I'll keep this updated with info as things progress.

Court, or pay the fine and move along?

Reply #6 – August 23, 2012, 10:31:24 AM

Quote from: ThunderbirdSport302;396481

Cliff's notes:

Then he moved his little bird watching campaign to just up the road where he was hidden behind some brush in my fencerow that I've been unable to find time to cut down.

Pay the ticket and move on.
If the LEO truly has a poor attitude, and is verbally abusive while doing his job, it should be brought up to his superior. Just expect him to be an even bigger dick after you do though.
On a side note, if he's parked on your private property again, ask to leave next time you see him there.

Court, or pay the fine and move along?

Reply #7 – August 23, 2012, 11:34:25 AM

I'd say show your proof of registration, bill of sale maybe?, and the reciept from the BMV for the title transfer yadda yadda. You know the spiel so there isnt any vagrency in the legality of the vehicle now.

Its probably diffrent in all states, but here in Indiana you have to , I believe, renew your plates ONLINE. And when you have a title transfer/ application of plates and yadda yadda it can somtimes take 2 weeks to get your plates. But they give you a paper joke plate and a printed registration. Kinda funky.

but as to the ossifers actions its bull, but who are they going to believe? Hes going to be watching just kill him with kindness

Court, or pay the fine and move along?

Reply #8 – August 23, 2012, 08:13:43 PM

Quote from: ThunderbirdSport302;396502

The deputy searched the car. He or any other LEO is welcome to come search my home. I'll pee on a stick. You can supervise. I'm clean. I got rid of my addictions 6 years ago, and except for tylenol and prescribed meds, I don't do squat. Barely drink.

Eh hem...

[video=youtube;6wXkI4t7nuc]http://www.youtube.com/watch?v=6wXkI4t7nuc[/video]

Court, or pay the fine and move along?

Reply #9 – August 24, 2012, 09:44:32 AM

in VA I believe you could beat them all... It's no problem to get a speeding violation reduced to improper equip if the speedo is off when checked for calibration by a shop... I've used the "I just bought it and had no idea the speedo was out of calibration" to beat a 70 in a 55... I'd owned the vehicle(a 5.0 Stang) less than 30 days and it was out of cal when I had it checked(of course I helped it a little)...

Most states have a small period(usually 5-10 days) where you can drive on untransfered title but it must be filled out completely by both parties and dated... If the owner just signed it, handed it to you and it's still "open" you're probably dead in the water...

I'll always go before the judge and calmly explain everything... You really need to check the laws of your state to determine what is/isn't legal or at least is in enough of a gray area as to be tossed out of court... Since there was a passenger, she has witness to verify any claim that the deputy was rude and/or offensive...

Court, or pay the fine and move along?

Reply #10 – August 24, 2012, 12:22:11 PM

Well, we talk to a lawyer in a bit, so we will know where we stand after that. There were 2 passengers with my wife when this happened, and both are willing to go to court with her if need be.

Surely a 15 year old vehicle might be very possible to be off 6 mph on the speedo...I still haven't checked to see if the new tires are stock size. I'd rather her have a defective equipment ticket than one that takes points on her license.

Anyway, I'll post more later. Thanks folks :)

Court, or pay the fine and move along?

Reply #11 – August 24, 2012, 02:12:16 PM

I thought in MO you had 30 days to get plates etc? Long as you had a bill of sale you were fine.

Court, or pay the fine and move along?

Reply #12 – August 24, 2012, 02:41:17 PM

That's what we thought too....

Court, or pay the fine and move along?

Reply #13 – August 24, 2012, 04:47:12 PM

There has been several times I've been pulled over with no plates or insurance after buying a car, I just flashed the bill of sale or title and told them I was on way home/or to get it inspected and been fine.

Court, or pay the fine and move along?

Reply #14 – September 12, 2012, 01:43:20 PM

The tickets are are right under 300 bucks. Nicole is going to fight the one ticket that reads "displayed/ possessed motor vehicle/trailer plates of another person"
We own the vehicle that those plates formerly were registered to. She got the tickets on Sat. Aug 11th. I licensed the Mountaineer Tues Aug 14th, and had those plates transferred from the Caprice to the Mounty.

Results in 24 hours...stay tuned.