Traffic stop while carrying

[mark056]

Well I think what a lot of you are forgetting is that the CJ System is the art of the deal. This trickles down to the street. If you are stopped for a righteous violation i.e. one where you have legitimately committed the civil infraction that you were stopped for and the copper tickets you for something else to avoid a hefty fine and a surcharge he/she has cut you a break. Of course the ideologically pure living in the never never land of shouldville will never find this acceptable because there should be no speed limits, I get that but again I live in the real world and worked in a system where the art of the deal was practiced to a degree that would put Donald Trump to shame. I guess if offered an option between a seatbelt violation and a speeding ticket I should say "no Mr Po-Leese man you are wrong you should let me go free cuz spoeding laws violate natural laws or you should ticket me for an offense that I committed not a lessor one cuz otherwise some people might get all offended and it would violate my sense of moral purity."

I think I got it. If I am ever faced with that situation I'll opt for a street justice plea bargain and let the rainbow and unicorn boyz pay the speeding ticket lest their ideological purity be compromised. Shouldville and the way it ought to be must be a wonderful place to live. It's not my neighborhood, though, I live in a place called real world and I'll catch what breaks I can. Of course I will be chastised by the usual subjects for saying that's what's wrong, I've sold out to the JBTs etc etc, got it.

 

[allen-1]

It is my understanding they are saying cops are writing people who were wearing their seatbelt for a seatbelt violation instead of writing them on the speeding. I know of know rule or law that says or allows this. They are also saying it like the cop is doing them a favor. No such favor exists in that scenario.

We do not agree.

 

[allen-1]

If it's not surchargeable he's doing you a sort of half assed favor- it's also a favor for him- there's probably something in it for him, as well. Otherwise they would have just written a warning, unless the guy is some type of weirdo that likes hurr durring and gets off on inflicting punishment.

Like I said earlier if the guy was -really- trying to cut you a break you'd get a warning and that'd be the end of it. I know this because I've had good LEOs cut me a huge break here and there.

As far as CHP goes.... you got lucky.... states been on the warpath out there since they've been suffering for revenue. Past 5 years or so I've seen more speed traps there than I have in my entire life. Long time ago I'd be lucky to see one cop on the highway the whole trip, now seems like they're everywhere.

-Mike

Virginia's at least as bad, if not worse. My wife just picked up an 82 in a 70 and before she got home had 11 letters from attorneys in our mailbox offering assistance. Turns out that over 80 in Virginia is a misdemeanor, which if not handled properly would lead to the forfeiture of her Virginia carry permit. Which in turn would mean answering "yes" to "have you ever had your permit revoked in this or any other state" on carry application or renewals... yippee.

 

[allen-1]

My take was that they were offered the option of speeding vs seatbelt (because they werent wearing it), hence the deal. If it was being done the way you suggest, then Id agree. We need some clarification apparently.

I was speeding, (I do that a lot). Came around a curve, ran right into the radar. Pulled over, license, registration, etc. Cordial. He had me dead to rights and we both knew it. He wrote me a ticket for not wearing a seatbelt and told me to slow down. Not wearing a seatbelt carries a fine and that's the end of it. No points on my license, no effect to my insurance.

Given that I was doing 75 in a 55, I know that he could have written me up for a massive ticket, charged me with reckless endangerment, locked me up for the night and impounded my truck. That's Connecticut law, he didn't threaten/tell me that, he merely told me that he'd clocked me at 75 in a 55 and we both knew that he was telling the truth.

 

[fencer]

I was speeding, (I do that a lot). Came around a curve, ran right into the radar. Pulled over, license, registration, etc. Cordial. He had me dead to rights and we both knew it. He wrote me a ticket for not wearing a seatbelt and told me to slow down. Not wearing a seatbelt carries a fine and that's the end of it. No points on my license, no effect to my insurance.

Given that I was doing 75 in a 55, I know that he could have written me up for a massive ticket, charged me with reckless endangerment, locked me up for the night and impounded my truck. That's Connecticut law, he didn't threaten/tell me that, he merely told me that he'd clocked me at 75 in a 55 and we both knew that he was telling the truth.

Sounds to me like the cop was trying to be decent. I know that NES group think does not think that is possible so there must be some other motive... maybe your address is now on a dog shooting, wrong house SWAT list. I would be very careful.

 

[namedpipes]

I'd take the roadside plea bargain, then come here and bitch about it.

 

[allen-1]

I'd take the roadside plea bargain, then come here and bitch about it.

I'm not bitching. I'm satisfied.

'course the funniest part of this is, (well, "funny" is a relative term); is that I got bagged the next day for doing 72 in a 35 on my bike and that didn't go so well. I was on my '85 FXRS which has a race pipe, no signals, no speedo, and I didn't notice that it was a cop behind me until I dropped two gears to make a turn into work.

I was late coming back from lunch, in a hurry, and I love riding fast anyway.
I got the full lecture that time plus a hefty ticket.

In the parking lot, in front of an audience of co-workers.

 

[GPP]

I was speeding, (I do that a lot). Came around a curve, ran right into the radar. Pulled over, license, registration, etc. Cordial. He had me dead to rights and we both knew it. He wrote me a ticket for not wearing a seatbelt and told me to slow down. Not wearing a seatbelt carries a fine and that's the end of it. No points on my license, no effect to my insurance.

Given that I was doing 75 in a 55, I know that he could have written me up for a massive ticket, charged me with reckless endangerment, locked me up for the night and impounded my truck. That's Connecticut law, he didn't threaten/tell me that, he merely told me that he'd clocked me at 75 in a 55 and we both knew that he was telling the truth.

But, the question that has not been answered; were you wearing a seatbelt and he wrote you, or were you not wearing a seat belt and he chose to write you up instead of the speeding?

 

[namedpipes]

I'm not bitching. I'm satisfied. ...

I wasn't implying you WERE bitching. I really was just saying what *I* would do. Try to talk my ticket down to a warning (or as little as I could) and then come here and bitch about it.

I fact, I did that last summer. I got pinched by the fuzz for a inspection sticker slightly past its expiration (I think about 14 months) and talked it down to something else - details escape me but there's probably a thread on it here somewhere.

 

[allen-1]

But, the question that has not been answered; were you wearing a seatbelt and he wrote you, or were you not wearing a seat belt and he chose to write you up instead of the speeding?

I was wearing a seatbelt and he wrote me for the equipment violation that I was not committing instead of the speeding violation that I was committing.

 

[bigblue]

I was wearing a seatbelt and he wrote me for the equipment violation that I was not committing instead of the speeding violation that I was committing.

So what would happen if you contested the seatbelt violation...?

 

[GPP]

I was wearing a seatbelt and he wrote me for the equipment violation that I was not committing instead of the speeding violation that I was committing.

Gotcha. Thank you for clarifying.
The fact that he did that is BS then. I realize that you made out in the deal, but that cop was more concerned with a stat, vs doing his job. A written warning for speeding is a stat as well. I have no problem playing Monty Hall with actual violations, but inventing them to cut a break will only continue to get worse.

 

[GPP]

So what would happen if you contested the seatbelt violation...?

Exactly. Now the cop either lies under oath and says he wasnt wearing it, or admits that he cut the guy a break by writing him for something he didnt do, both of which are wrong.

 

[allen-1]

So what would happen if you contested the seatbelt violation...?

I don't know; quite frankly the thought never crossed my mind.
I counted my blessings and wrote the check.

Quite obviously there are a number of people who hold differing views. That's fine with me, that's part of what makes this an interesting group for me, the opportunity to have conversations with people who think/feel differently than I do.

If the same thing happened today, I'd feel the same way. I am nothing if not a pragmatist.

 

[M1911]

Virginia's at least as bad, if not worse. My wife just picked up an 82 in a 70 and before she got home had 11 letters from attorneys in our mailbox offering assistance. Turns out that over 80 in Virginia is a misdemeanor, which if not handled properly would lead to the forfeiture of her Virginia carry permit. Which in turn would mean answering "yes" to "have you ever had your permit revoked in this or any other state" on carry application or renewals... yippee.

20 over in VA is reckless driving and in many jurisdictions in VA you WILL go to jail as a result.

http://bit.ly/1Q0LgN9

 

[bostonasphalt2]

Exactly. Now the cop either lies under oath and says he wasnt wearing it, or admits that he cut the guy a break by writing him for something he didnt do, both of which are wrong.

I would love to see someone contest such a ticket from this situation, and see how it plays out.

Now, what about it you get pulled over for doing 95 down Route 93, and he says "I wrote you for 89, that way I don't have to bring you in". If the person went to fight that, hypothetically, how would it play out?

 

[bigblue]

20 over in VA is reckless driving and in many jurisdictions in VA you WILL go to jail as a result.

http://bit.ly/1Q0LgN9

New York is the same way: 85 in a 65 is automatic loss of license and blah blah blah.

I would love to see someone contest such a ticket from this situation, and see how it plays out.

Now, what about it you get pulled over for doing 95 down Route 93, and he says "I wrote you for 89, that way I don't have to bring you in". If the person went to fight that, hypothetically, how would it play out?

I wonder what the officer notes on those tickets say? It was my understanding that you couldn't be pulled over for a seatbelt violation but that it was added as the stop progressed? Or is that total BS?

 

[PaulR]

I'm not bitching. I'm satisfied.

'course the funniest part of this is, (well, "funny" is a relative term); is that I got bagged the next day for doing 72 in a 35 on my bike and that didn't go so well. I was on my '85 FXRS which has a race pipe, no signals, no speedo, and I didn't notice that it was a cop behind me until I dropped two gears to make a turn into work.

I was late coming back from lunch, in a hurry, and I love riding fast anyway.
I got the full lecture that time plus a hefty ticket.

In the parking lot, in front of an audience of co-workers.

ah. so. You're THAT guy.
You should be more careful, you're going to become a statistic some day.
aul:

 

[GPP]

I would love to see someone contest such a ticket from this situation, and see how it plays out.

Now, what about it you get pulled over for doing 95 down Route 93, and he says "I wrote you for 89, that way I don't have to bring you in". If the person went to fight that, hypothetically, how would it play out?

Thats actually discretionary, because the offense of driving 95 actually took place. Very common on a speeding ticket to write "45+" for a 50 mph in a 35 mph zone, if that makes sense.
Im assuming youre referencing a driving to endanger arrest in the hypothetical situation youve created?

 

[Billsail]

Insurance companies in MA have lobbied in the past, and likely will do so in the future, to have seatbelt violations become a surchargeable offense. They claim not wearing a seatbelt increases the amount of money paid out in injury claims.

We've been lucky so far.

 

[allen-1]

20 over in VA is reckless driving and in many jurisdictions in VA you WILL go to jail as a result.

http://bit.ly/1Q0LgN9

Correct. So is over 80. So her 82 in posted 70 was/is far more serious than we had thought. We hired an attorney.

 

[Len-2A Training]

Well I think what a lot of you are forgetting is that the CJ System is the art of the deal. This trickles down to the street. If you are stopped for a righteous violation i.e. one where you have legitimately committed the civil infraction that you were stopped for and the copper tickets you for something else to avoid a hefty fine and a surcharge he/she has cut you a break. Of course the ideologically pure living in the never never land of shouldville will never find this acceptable because there should be no speed limits, I get that but again I live in the real world and worked in a system where the art of the deal was practiced to a degree that would put Donald Trump to shame. I guess if offered an option between a seatbelt violation and a speeding ticket I should say "no Mr Po-Leese man you are wrong you should let me go free cuz spoeding laws violate natural laws or you should ticket me for an offense that I committed not a lessor one cuz otherwise some people might get all offended and it would violate my sense of moral purity."

I think I got it. If I am ever faced with that situation I'll opt for a street justice plea bargain and let the rainbow and unicorn boyz pay the speeding ticket lest their ideological purity be compromised. Shouldville and the way it ought to be must be a wonderful place to live. It's not my neighborhood, though, I live in a place called real world and I'll catch what breaks I can. Of course I will be chastised by the usual subjects for saying that's what's wrong, I've sold out to the JBTs etc etc, got it.

I'm with you here.

Now, what about it you get pulled over for doing 95 down Route 93, and he says "I wrote you for 89, that way I don't have to bring you in". If the person went to fight that, hypothetically, how would it play out?

It is SOP for cops to write a lesser speed on a ticket than what they actually bagged you for (via radar/lidar/clocking). For the purists here, they should insist on getting a ticket for the FULL amount (true speed) and refuse to get a break!! For the rest of us, stay polite and say thank you!

 

[bigblue]

For the purists here, they should insist on getting a ticket for the FULL amount (true speed) and refuse to get a break!! For the rest of us, stay polite, get on your statist knees, suck some jack boot dick, and say thank you sir may I have another!

FIFY

 

[bostonasphalt2]

Thats actually discretionary, because the offense of driving 95 actually took place. Very common on a speeding ticket to write "45+" for a 50 mph in a 35 mph zone, if that makes sense.
Im assuming youre referencing a driving to endanger arrest in the hypothetical situation youve created?

Yes. Hypothetically it was 3 am and the person was told " don't go contest it because I am writing the actual speed in my notes" as well

 

[drgrant]

It is my understanding they are saying cops are writing people who were wearing their seatbelt for a seatbelt violation instead of writing them on the speeding. I know of know rule or law that says or allows this. They are also saying it like the cop is doing them a favor. No such favor exists in that scenario.

There is a "half favor" in that scenario if the seatbelt thing isn't surchargeable, you'd be getting off cheap. If it is surchargeable it's really no favor at all. Is it corrupt? It sure is.... but it's still "better" than a speeding ticket. I'd probably feel differently about it if it wasn't the insurance douchebags who benefit the most from this. I'd rather give a cop $300 on the side of the road to make it go away than pay $1000 in surcharges over the life of those points. Not to mention a real cite prejudices the next LEO who pulls you over. So by getting a real cite you become tainted cheese in the system.

The whole idea of speed enforcement is mostly corrupt, so whats a little more corruption on top?

-Mike

 

[drgrant]

I'm with you here.



It is SOP for cops to write a lesser speed on a ticket than what they actually bagged you for (via radar/lidar/clocking). For the purists here, they should insist on getting a ticket for the FULL amount (true speed) and refuse to get a break!! For the rest of us, stay polite and say thank you!

I think it varies depending on the situation. A reduction to avoid arresting someone? (for DTE or whatever?) Yeah, that's a big favor. If the LEO wanted to do someone a favor, most of the time, though, they'd give them a written warning. A reduction often isn't a favor at all, it's still a turd just with frosting on it. Or maybe some of these LEOs aren't deep thinkers and don't understand that the price difference on the ticket is lost in the noise compared to the surcharge you get (except mulligans).

You could view this two ways.... sometimes a reduction is definitely a big favor. Other times....




-Mike

 

[GPP]

Yes. Hypothetically it was 3 am and the person was told " don't go contest it because I am writing the actual speed in my notes" as well

Irrelevant. 89 or 95 means nothing, and the speed alone does not constitute a driving to endanger. Common sense tells you that if the officer is willing to testify to your hypothetical speed should you have hypothetically contested the ticket, then the 89 or 95 means very little.
Or something like that lol

 

[allen-1]

20 over in VA is reckless driving and in many jurisdictions in VA you WILL go to jail as a result.

http://bit.ly/1Q0LgN9

Yeah, I was shocked when we did some research; we hired an attorney.

 

[drgrant]

20 over in VA is reckless driving and in many jurisdictions in VA you WILL go to jail as a result.

http://bit.ly/1Q0LgN9

Yeah, VA is pretty much worst in the nation, as far as speed enforcement goes. I think they are the only state left with a radar detector ban, too.

-Mike

 

[bostonasphalt2]

Irrelevant. 89 or 95 means nothing, and the speed alone does not constitute a driving to endanger. Common sense tells you that if the officer is willing to testify to your hypothetical speed should you have hypothetically contested the ticket, then the 89 or 95 means very little.
Or something like that lol

LOL

I'll just say he wasn't the most thorough when he hypothetically searched my or my car LOL