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![]() "Dave Hall" wrote in message ... On Tue, 03 May 2005 13:50:49 GMT, "Landshark" wrote: "Dave Hall" wrote in message . .. On Tue, 03 May 2005 01:53:26 -0700, Frank Gilliland wrote: While they may not specifically say it this way, the fact that you got a ticket, is evidence of guilt, and you have to try your best to prove that you're not guilty. The word of one cop is enough, in most cases, to render a "guilty" verdict, unless you're damn lucky and can somehow "prove" your innocence Um Dave, when the officer hands the book to you and says "sign here" he always says: " This is not an admission of guilt, but a promissory to appear in court", so how does your statement apply? In Pa, you sign to acknowledge receipt of the citation. You then have the choice to either plead guilty and remit the amount of the fine to the address included. Or, you can plead "not guilty" and take your chances fighting in court. But unless you have some means of actually proving your innocence beyond that of playing he said- he said with a cop, you pretty much have the cards stacked against you. Oh, and you will be assessed court costs in addition to your fine if found guilty. Same here. Yes, if you don't do your homework and submit the evidence correctly, you are at the mercy of the court. Of course if your guilty, why would you be there? If not, do your homework, present a good case with evidence & witness's and you will be found innocent. If you didn't do anything wrong, you have the RIGHT to appear in court, present your evidence to the JUDGE and let him make the decision, not a bunch of people sitting around a table, drinking coffee, eating donuts and then saying....."um, this guy said SH*T, let's fine him..........$25,000.00, yeah, that's a good amount" Whether or not you did something wrong or not may be open to subjective interpretation. Most cops would not bother to write someone a ticket for not coming completely to a stop and waiting the required 3 seconds before proceeding at a stop sign. Why not? if they didn't wait, they could get the ticket. You have "unnamed" cops that are friends, do they tell you that they only ticket people that they see, 100% do something wrong? If they say yes, they are probably lying. But the point between what's an acceptable stop and one that's not, is a subjective gray area, and not one that you will usually win. That's some of my point. If he really didn't see you not stop, he's guessing. If so, then you have your witness's, do your homework and present it accordingly. I was sighted once for that offence, there was no way he could have seen me stop, let alone not stop. I took my pictures, measurements and showed in court that there was no way that the officer could have seen me stop, let alone run the stop sign from the position he said he was in. I won, and I was only 18 years old then. Most traffic law issues are not always black and white. Yes, if you actually feel that you were unfairly targeted, you might be tempted to fight. But if you are still guilty of violating the letter of the law, if not the intent, you might find it a tough battle. Maybe, but if your speedo is off, you can go to court, show that it was off and also show that it was repaired, most of the time the judge will dismiss the case. On the other hand, if you **** off a cop and he pulls you over and "invents" a few charges to stick you with, you will still have a hard time proving that you did not commit them unless, of course, the cop in question has a history of abusing his power in such a way. Maybe again. But if you have someone with you, that type of stuff is less likely to happen (witness factor) Is this fair? No. But is it a fact of life? Certainly. You have a better chance of beating a ticket if your inocent than an FCC fine, at least you appear before a Judge and you can request a jury trial, try to do that with a FCC NAL. You can fight an NAL as well. In most cases the FCC gives fair warning before handing out the NAL. Warnings are not NAL, so there is nothing to fight. If you heed the warning, in most cases that will be the end of it. I haven't read any accounts of people popped by the FCC who weren't guilty of the offense charged. It doesn't matter Dave, you can't fight a NAL, you either pay it or have a lein on your property or wages garnished. In most cases, their "defense" consists of crying poor, or somehow trying to justify their actions. Some of the excuses given are quite laughable. Same as a real court. Why play word games? The end result is the same. The accuser has to prove his innocence, by discrediting the evidence against him. The cop is not required to demonstrate 6 different ways from Sunday how the accuser is guilty "beyond a reasonable doubt". He only has to show up and testify that the accuser ran such and such red light, and it's his word against the accuser's. So who does the court tend to believe? How is this a "presumption of innocence"? What word games? The officer presents his evidence, then you have your turn, do you think that just because he's a police officer he's always right? No, he's not always right, but he's more credible in the eyes of the court than Joe Average Citizen. Why? He's a person just like anyone else. His credibility rides on what he presents and how he does it, just like you. Cops are viewed with a certain amount of public trust. If it comes down to a battle of testimony between you and the cop, the court will side with the cop in most cases. Again, if you did something wrong, why waste the time of the courts, but if you are innocent and present your case in a legit way, you will probably get off. If you present the correct type of evidence, witness's, you will be found innocent. Tell me, just how great are your chances of having an impartial witness around when you need them, or having some other form of concrete exculpatory evidence? I made a right hand turn onto another street, I proceeded into the right side of the lane partially into the bike lane (legal if with-in a certain distance of the intersection). Cop saw it and gave me a ticket for passing on the right. I showed with both video, pictures and measurements, after the officer said I passed on the right some 1000 to 1300' before the intersection. That being said I would have had to pass him on the right before the previous light (I had turned onto the road in front of him, so how did I pass him?) I was found innocent via US mail and the judge enclosed a note saying that I had come to the court very well prepared with my evidence in proper sequence. You are talking how things should be in theory. I'm talking about how they are in reality. In an ideal world, all innocent people would never be accused or wrongly convicted of a crime. The real world paints an entirely different picture. I'm not saying it's right. I'm just acknowledging that it happens. Sorry, in the real world I'll bet you more people that do the right thing while in court get off more than you think. I'm waiting until the FCC gets into the Satellite radio scene. I'm waiting until the FCC starts regulating the internet. It's coming. That's a very sad statement Dave, if you can't regulate what you hear and watch, you have to have the governmet do it for you. A clear case.......... Lack of self control. It's an unfortunate truth that there are some people out there that can't exercise self control and, by their lack of respect for others, pollute the public venues with inappropriate behavior. If you don't like Stern, change the channel, if you don't like Queer eye for the straight guy, don't watch it, but don't ask the government to stand in and say " this is bad, people don't want to watch this, take it off the air. You would have culture shock if you ever get over to Europe. Barring vigilante justice, government intervention is often the only sensible alternative. So when the public is tired of seeing televangelist all day and night, politicians are tired of it, it's ok to bar them from TV? Because you don't have the common sense to turn it off or change channels? That's messed up, you had better hope that the country never gets to that stage. Ironically, I tend to be a "minimal governmental intrusion" advocate. But as more and more people adopt an "in your face" attitude with respect to their perceived rights, I start to understand the need for stricter controls. Homosexuality is a disorder of the brain. Not much different than schizophrenia, bipolar, or a host of other disorders. We should be looking for ways to treat and correct it, not for reasons to excuse it. LOL!!!! Dr. Sigmund Hall is in the office..... Too funny You disagree? You obviously haven't read the studies on the subject. Nor do I care too, it's not anything that I'm concerned about. A marriage is a symbolic ritual of bonding that occurs between biologically compatible couples. There can be no natural procreation in a homosexual union. So yes, those values ARE diminished. Symbolic Yes. I'm not sure what you mean by "biologically compatible" Do you mean, if your gay, you can't be a compatible couple? You cannot procreate, which is the whole point of marriage and family. Hummm, maybe, but it's not the only reason for marriage. Don't get me wrong Dave, I agree with you on "Gay marriage", I think your words are wrong though. In what way? I think they can have what ever type of saying they want, but marriage is and has always been between a man & a woman, not a man & man or woman & woman. Too much stuff to comment on here Dave, you have got way to much time on your hands, I for one have to get to work, see yaa. I'm already here. I'm on lunch right now. My day is 2/3rds over. This small distraction is hardly a dent in my work day. Well I have bigger things to do than this group, so time is more precious to me. Dave "Sandbagger" http://home.ptd.net/~n3cvj Landshark -- __ o /' ) /' ( , __/' ) .' `; o _.-~~~~' ``---..__ .' ; _.--' b) LANDSHARK ``--...____. .' ( _. )). `-._ `\|\|\|\|)-.....___.- `-. __...--'-.'. `---......____...---`.___.'----... .' `.; `-` ` |
#2
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JEEEEZZZZZZ ENOUGH OF THIS GARBAGE. Lets get back to CB'in and
Freebanding. QSL? insert roger beep and\or noise toy here |
#3
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On 3 May 2005 23:24:29 -0700, "A PROUD FREEBANDER"
wrote: JEEEEZZZZZZ ENOUGH OF THIS GARBAGE. Lets get back to CB'in and Freebanding. QSL? insert roger beep and\or noise toy here Yea really. We wouldn't want to give the impression that radio people have areas of interest which go beyond CB radio...... Dave "Sandbagger" |
#4
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Dave Hall wrote:
On 3 May 2005 23:24:29 -0700, "A PROUD FREEBANDER" wrote: JEEEEZZZZZZ ENOUGH OF THIS GARBAGE. Lets get back to CB'in and Freebanding. QSL? insert roger beep and\or noise toy here Yea really. We wouldn't want to give the impression that radio people have areas of interest which go beyond CB radio...... Especially in rec.radio.cb . |
#6
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On Wed, 04 May 2005 04:39:44 GMT, "Landshark"
wrote: "Dave Hall" wrote in message .. . On Tue, 03 May 2005 13:50:49 GMT, "Landshark" wrote: "Dave Hall" wrote in message ... On Tue, 03 May 2005 01:53:26 -0700, Frank Gilliland wrote: While they may not specifically say it this way, the fact that you got a ticket, is evidence of guilt, and you have to try your best to prove that you're not guilty. The word of one cop is enough, in most cases, to render a "guilty" verdict, unless you're damn lucky and can somehow "prove" your innocence Um Dave, when the officer hands the book to you and says "sign here" he always says: " This is not an admission of guilt, but a promissory to appear in court", so how does your statement apply? In Pa, you sign to acknowledge receipt of the citation. You then have the choice to either plead guilty and remit the amount of the fine to the address included. Or, you can plead "not guilty" and take your chances fighting in court. But unless you have some means of actually proving your innocence beyond that of playing he said- he said with a cop, you pretty much have the cards stacked against you. Oh, and you will be assessed court costs in addition to your fine if found guilty. Same here. Yes, if you don't do your homework and submit the evidence correctly, you are at the mercy of the court. Of course if your guilty, why would you be there? If not, do your homework, present a good case with evidence & witness's and you will be found innocent. No argument. But finding those witnesses and the evidence is the normally the problem. Too often all you have is your own account of the altercation, and that is not enough to overturn the professional account of a trained police officer, unless you get real lucky. If you didn't do anything wrong, you have the RIGHT to appear in court, present your evidence to the JUDGE and let him make the decision, not a bunch of people sitting around a table, drinking coffee, eating donuts and then saying....."um, this guy said SH*T, let's fine him..........$25,000.00, yeah, that's a good amount" Whether or not you did something wrong or not may be open to subjective interpretation. Most cops would not bother to write someone a ticket for not coming completely to a stop and waiting the required 3 seconds before proceeding at a stop sign. Why not? Because there is a difference between the letter of the law and the intent of the law. I know very few people who come to a complete stop and count to 3 before proceeding. Most of the cops I know will not cite someone if they make the effort to stop, even if the wheel may still be moving slightly. And that's the whole point. The point where a so-called "California stop" is tolerated is often up to the opinion of the cop. if they didn't wait, they could get the ticket. You have "unnamed" cops that are friends, do they tell you that they only ticket people that they see, 100% do something wrong? If they say yes, they are probably lying. I'm not sure exactly what you are asking here. Are you asking me if I know of cases where the cops I know write tickets for infractions which are illegitimate? If that's the case, than no, I don't know of any. Then again, if they did, I'm sure they wouldn't tell me that. Although one of my friends is retired now, so his risk exposure is more limited now. But the point between what's an acceptable stop and one that's not, is a subjective gray area, and not one that you will usually win. That's some of my point. If he really didn't see you not stop, he's guessing. Well, yea, I would think so. But if he didn't actually see you do it, then why chase you down and ticket you in the first place? And even if he did guess, it's still your word against his in court. How do you PROVE that you complied fully with the law? If so, then you have your witness's, do your homework and present it accordingly. What witnesses? You are driving alone in the car, and the only people who can testify to what happened are you and the cop. I was sighted once for that offence, there was no way he could have seen me stop, let alone not stop. I took my pictures, measurements and showed in court that there was no way that the officer could have seen me stop, let alone run the stop sign from the position he said he was in. I won, and I was only 18 years old then. Then the cop did a poor job of presenting his case, and you got off on a technicality. Your whole defense hinged on the cop's ability to see you based on their location. Something they are not required to tell you at the time they give the ticket. But congrats anyway. You managed to successfully prove your innocence. My whole point in the first place. Had you not been able to prove your innocence, the citation would have stood. Hence my original claim that you are presumed guilty and must prove your innocence in these cases. I was also once cited for a stop sign violation. In my case, I was in an unfamiliar area, and the stop sign was not in an expected place and somewhat hidden and I blew right through it unconsciously. I drove quite a few blocks before I even noticed the cop behind me. I had no idea where he was when he "saw" me, and he didn't tell me. When he asked me if I knew I had run the stop sign, my response was "What stop sign?". He had me dead to rights and I paid the fine. But even if I had seen the stop sign and stopped at it, I would not have known where he was to mount the sort of defense that you did had he chosen to cite me for an arguably "poor" stop. In retrospect, when a cop stakes out a residential area like that, it's usually in response to neighborhood complaints. Evidently a lot of people blow through that particular stop sign. Which likely is a result of its poor placement. Something they should look into. Most traffic law issues are not always black and white. Yes, if you actually feel that you were unfairly targeted, you might be tempted to fight. But if you are still guilty of violating the letter of the law, if not the intent, you might find it a tough battle. Maybe, but if your speedo is off, you can go to court, show that it was off and also show that it was repaired, most of the time the judge will dismiss the case. Probably. Again, that's why in Pa, they usually give such a wide tolerance before citing people. It's a lot harder to argue accuracy issues when you're 15 MPH or more over. On the other hand, if you **** off a cop and he pulls you over and "invents" a few charges to stick you with, you will still have a hard time proving that you did not commit them unless, of course, the cop in question has a history of abusing his power in such a way. Maybe again. But if you have someone with you, that type of stuff is less likely to happen (witness factor) LESS likely. But remember the court usually takes the personal bias of a passenger into consideration. Is this fair? No. But is it a fact of life? Certainly. You have a better chance of beating a ticket if your inocent than an FCC fine, at least you appear before a Judge and you can request a jury trial, try to do that with a FCC NAL. You can fight an NAL as well. In most cases the FCC gives fair warning before handing out the NAL. Warnings are not NAL, so there is nothing to fight. Yes, but they should give you fair warning that your on the FCC's radar, and plan accordingly. If you heed the warning, in most cases that will be the end of it. I haven't read any accounts of people popped by the FCC who weren't guilty of the offense charged. It doesn't matter Dave, you can't fight a NAL, you either pay it or have a lein on your property or wages garnished. Not if you can prove that the fine is a financial burden. In many cases, the fine will be lowered. In most cases, their "defense" consists of crying poor, or somehow trying to justify their actions. Some of the excuses given are quite laughable. Same as a real court. Yes. Why play word games? The end result is the same. The accuser has to prove his innocence, by discrediting the evidence against him. The cop is not required to demonstrate 6 different ways from Sunday how the accuser is guilty "beyond a reasonable doubt". He only has to show up and testify that the accuser ran such and such red light, and it's his word against the accuser's. So who does the court tend to believe? How is this a "presumption of innocence"? What word games? The officer presents his evidence, then you have your turn, do you think that just because he's a police officer he's always right? No, he's not always right, but he's more credible in the eyes of the court than Joe Average Citizen. Why? He's a person just like anyone else. His credibility rides on what he presents and how he does it, just like you. A cop is a professional law enforcement officer, trained in the law, and in observational skills. For that reason alone, you have to be better able to present your case. All things being equal, the cop is given more credibility by virtue of his job. Cops are viewed with a certain amount of public trust. If it comes down to a battle of testimony between you and the cop, the court will side with the cop in most cases. Again, if you did something wrong, why waste the time of the courts, Some people can't admit that they did something wrong, or feel that they were somehow "singled out" over everyone else. but if you are innocent and present your case in a legit way, you will probably get off. Yes, but the burden is on you to prove it so. Which is contrary to the idea of "Innocent until proven guilty". If you present the correct type of evidence, witness's, you will be found innocent. Tell me, just how great are your chances of having an impartial witness around when you need them, or having some other form of concrete exculpatory evidence? I made a right hand turn onto another street, I proceeded into the right side of the lane partially into the bike lane (legal if with-in a certain distance of the intersection). Cop saw it and gave me a ticket for passing on the right. Who did you pass? I showed with both video, pictures and measurements, after the officer said I passed on the right some 1000 to 1300' before the intersection. That being said I would have had to pass him on the right before the previous light (I had turned onto the road in front of him, so how did I pass him?) I was found innocent via US mail and the judge enclosed a note saying that I had come to the court very well prepared with my evidence in proper sequence. I guess you had to be there. I don't see how a video dramatization after the fact absolves you of what the cop claimed you did. You are talking how things should be in theory. I'm talking about how they are in reality. In an ideal world, all innocent people would never be accused or wrongly convicted of a crime. The real world paints an entirely different picture. I'm not saying it's right. I'm just acknowledging that it happens. Sorry, in the real world I'll bet you more people that do the right thing while in court get off more than you think. I don't know many people who would go to all the trouble that you did to "prove" your case. Most just appear and "plead" their case verbally. Again, that's why the speed law here has a high threshold, because the court historically will throw out speed infractions tickets which are within the realm of reasonable accuracy disputes. I'm waiting until the FCC starts regulating the internet. It's coming. That's a very sad statement Dave, if you can't regulate what you hear and watch, you have to have the governmet do it for you. A clear case.......... Lack of self control. It's an unfortunate truth that there are some people out there that can't exercise self control and, by their lack of respect for others, pollute the public venues with inappropriate behavior. If you don't like Stern, change the channel, if you don't like Queer eye for the straight guy, don't watch it, but don't ask the government to stand in and say " this is bad, people don't want to watch this, take it off the air. You would have culture shock if you ever get over to Europe. A perfect example of why I don't want us going down that path. The fundamental problem is one of lack of respect. Many people feel that their right to express themselves supersedes their responsibility to respect the rights and feelings of others. Too often those people place the burden of responsibility to other people to clean up after, or avoid their social infractions. The whole "if you don't like it, turn it off (or leave)" mentality. I find that mentality to be extremely selfish, and inconsiderate. Barring vigilante justice, government intervention is often the only sensible alternative. So when the public is tired of seeing televangelist all day and night, politicians are tired of it, it's ok to bar them from TV? If they violate a specific indecency law, I would say that they're fair game. Because you don't have the common sense to turn it off or change channels? Sometimes, it's too late. Case in point, the whole Janet Jackson escapade. People have an expectation for a certain level of programming and are unexpectedly "shocked" by something that is not within that expectation. At the very least, the government should impose strict guidelines for programmers. If you want "racy" programming, then there should be specific channels for it, and there needs to be all sorts of warnings associated with it that warn people ahead of time what they will be subjected to. So-called "family rated" channels would not be allowed to carry anything in the least bit sexually or violently explicit. Then at least people might have some choice as to what they can see and not see. With the advent of digital TV and the ability to cram 10 or more MPEG compressed services (at 256 QAM) into the same space as one analog TV channel, bandwidth is not a problem. Regulation does not mean an outright ban. That's messed up, you had better hope that the country never gets to that stage. I'd rather hope that the human race rediscovers the concepts of morality, and both personal and civic responsibility. Ironically, I tend to be a "minimal governmental intrusion" advocate. But as more and more people adopt an "in your face" attitude with respect to their perceived rights, I start to understand the need for stricter controls. Homosexuality is a disorder of the brain. Not much different than schizophrenia, bipolar, or a host of other disorders. We should be looking for ways to treat and correct it, not for reasons to excuse it. LOL!!!! Dr. Sigmund Hall is in the office..... Too funny You disagree? You obviously haven't read the studies on the subject. Nor do I care too, it's not anything that I'm concerned about. Why not? I am interested in any aspect of society that has the potential to affect me. A marriage is a symbolic ritual of bonding that occurs between biologically compatible couples. There can be no natural procreation in a homosexual union. So yes, those values ARE diminished. Symbolic Yes. I'm not sure what you mean by "biologically compatible" Do you mean, if your gay, you can't be a compatible couple? You cannot procreate, which is the whole point of marriage and family. Hummm, maybe, but it's not the only reason for marriage. No, but that was the original intent. Don't get me wrong Dave, I agree with you on "Gay marriage", I think your words are wrong though. In what way? I think they can have what ever type of saying they want, but marriage is and has always been between a man & a woman, not a man & man or woman & woman. I agree with this, so how is this wrong? BTW, I support the idea of a "civil union" for gay people for the purpose of securing secular benefits (and liabilities) that society normally offers to married couples. I just don't want it called "marriage". I believe that if the gay community would back off from their belligerent insistence on "gay marriage" and concentrate instead on creating civil unions, they'd have far less opposition. Too much stuff to comment on here Dave, you have got way to much time on your hands, I for one have to get to work, see yaa. I'm already here. I'm on lunch right now. My day is 2/3rds over. This small distraction is hardly a dent in my work day. Well I have bigger things to do than this group, so time is more precious to me. My boss would probably agree with you. But my workload ebbs and flows. A week or so ago, I was very busy, and I couldn't spend much time here. Next week looks to be a busy one too. I play things by ear..... Dave "Sandbagger" http://home.ptd.net/~n3cvj |
#7
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Dave Hall (N3CVJ) wrote:
Most cops would not bother to write someone a ticket for not coming completely to a stop and waiting the required 3 seconds before proceeding at a stop sign. They will bust your ass here in the high tourist area for that exact offense. There are way too many bicyclists and pedestrians around here and the cops vehemently enforce what is commonly known as the "California Stop" or the "Rolling Stop" through a stop sign. |
#9
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From: (Dave=A0Hall)
On Wed, 4 May 2005 11:11:27 -0400, (I AmnotGeorgeBush) wrote: Dave Hall (N3CVJ) wrote: Most cops would not bother to write someone a ticket for not coming completely to a stop and waiting the required 3 seconds before proceeding at a stop sign. They will bust your ass here in the high tourist area for that exact offense. There are way too many bicyclists and pedestrians around here and the cops vehemently enforce what is commonly known as the "California Stop" or the "Rolling Stop" through a stop sign. No argument (and I'll keep that in mind for the next time I visit there). I'm sure it is very much "area dependant". It is also at the discretion of the cop. Not always. For example, in Ybor City, an area of Tampa, There are cameras on the poles that record every move. This led to remote-sent traffic tickets, such as are found at many toll booths around the country. Run the toll, get a ticket in the mail. The letter of the law gives them the authority to be as strict as they want in applying the law. But just like speeding, there are enough blatant violators out there that they don't have to nit pick with those borderline cases. Cops don't want to risk citing someone like Landshark who actually is savvy enough to win his case. At least not in my area. But I live in a semi-rural area, where there is more likely to be horse drawn wagons than hordes of pedestrians. Yea,,,those Mennonites and their charmed ways. Dave ."Sandbagger" n3cv |
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