since when is using a cb against the law in the U.S.?Judge,in...
 

"I AmnotGeorgeBush" wrote in message
...
From: (Leland C. Scott)
From: (Leland C. Scott)
On Sun, 11 Dec 2005, LCS wrote:
I've heard of some chick beating a littering

ticket; chucked a cigarette butt out the window
while driving. She picked up the carbon paper

the Cop threw on the ground from his ticket

pad and brought it to court. When she showed
it to the judge he dismissed the ticket.

Regards,

Leland C. Scott

KC8LDO

You "heard" incorrect.

No.

So you heard correctly, but what you were told was an untruth.
A judge is REQUIRED to follow the law.

No, he is NOT.

"The general rule is that an unconstitutional statute, though having the

form and name of law, is in reality no law, but is wholly void, and

ineffective for any purpose; since unconstitutionality dates from the

time of it's enactment, and not merely from the date of the decision so

branding it... No one is bound to obey an uncontitutional law, and no

courts are bound to enforce it."

-- 16 Am Jur 2d, Sec 177 late 2d, Sec 256


A judge may not
indiscriminately dismiss such a case based on information that another
committed the same offense.

since when is using a cb against the law in the U.S.?Judge,in...
 

From: (Leland*C.*Scott)
On Tue, 20 Dec 2005 04:12:41 +0000, Landshark wrote:
********Sorry Lee, Twist is right. The Judge can not
throw out a case like this because the officer littered.
_
The judge did, and that's a fact regardless of

what twist may think.


Instead of the "He said she said" game, cite it, show it, prove it or
not.

Did the judge make an

error in dismissing the case, maybe. The

person never did tell me the exact reason why
the case was dismissed but from their

recollection of the events in court it seems it

was due to the officer littering as well.


Once again, an act that has no relation to another's act can not be user
as an excuse or defense for the original person and their actions.


I've been to traffic court myself once or twice

for tickets and I've seen people have tickets

dismissed even after admitting they did it with

a reasonable explanation. One thing you'll find
is no case is ever a slam-dunk, the judge has

a lot more latitude in what they can do than

you may think.

I never questioned their latitude.

The last ticket I got was for sliding in to the

back of somebody's pickup truck on a snow

covered icy road one night.


You banged up several vehicles, did you not?

The officer that wrote me the ticket "advised"

me to take it to court, which I did, and the

officer didn't show so it was automatically

dismissed. How nice of him not to show up.

8-))


That's what happens when the state fails to prove their case.

Regards,

Leland C. Scott

since when is using a cb against the law in the U.S.?Judge,in...
 

`From: (James*F.*Mayer)
"I AmnotGeorgeBush" wrote in message
... From:
(Leland C. Scott) From: (Leland C.
Scott) On Sun, 11 Dec 2005, LCS wrote:
I've heard of some chick beating a littering
ticket; chucked a cigarette butt out the window while driving. She
picked up the carbon paper
the Cop threw on the ground from his ticket
pad and brought it to court. When she showed it to the judge he
dismissed the ticket.
Regards,
Leland C. Scott
KC8LDO
_
You "heard" incorrect.

No.

So you heard correctly, but what you were told was an untruth. A judge
is REQUIRED to follow the law.

**No, he is NOT.

Yes, he is.

"The general rule is that an unconstitutional

statute, though having the

form and name of law, is in reality no law, but

is wholly void, and

ineffective for any purpose; since

unconstitutionality dates from the

time of it's enactment, and not merely from the
date of the decision so

branding it... No one is bound to obey an

uncontitutional law, and no

courts are bound to enforce it."


You're quite confused. Since when was the charge of littering ever found
to be unconstitutional?


16 Am Jur 2d, Sec 177 late 2d, Sec 256

(snip)

See above. You may be confusing yourself with jury nullification. In any
event, littering was never found to be unconstitutional.

since when is using a cb against the law in the U.S.?Judge,in...
 

"James F. Mayer" wrote in message
nk.net...

No, he is NOT.

"The general rule is that an unconstitutional statute, though having the

form and name of law, is in reality no law, but is wholly void, and

ineffective for any purpose; since unconstitutionality dates from the

time of it's enactment, and not merely from the date of the decision so

branding it... No one is bound to obey an uncontitutional law, and no

courts are bound to enforce it."

-- 16 Am Jur 2d, Sec 177 late 2d, Sec 256


That would be correct if this littering law was found unconstitutional.

Landshark


--
That's funny. You managed to actually make the thug alter his outside
real world actions because of his incompetence in this ng. The internet
magnifies peoples' idiocy, as he shows.

since when is using a cb against the law in the U.S.?Judge,in...
 

"Leland C. Scott" wrote in message
. ..
On Tue, 20 Dec 2005 04:12:41 +0000, Landshark wrote:



Sorry Lee, Twist is right. The Judge can not throw out
a case like this because the officer littered.

The judge did, and that's a fact regardless of what twist may think. Did
the judge make an error in dismissing the case, maybe. The person
never did tell me the exact reason why the case was dismissed but from
their recollection of the events in court it seems it was due to the
officer littering as well.

Doubt it had anything to do with the officer littering. Most
likely he didn't prove his case or the information on the
ticket concerning the violation wasn't good enough to convict.


I've been to traffic court myself once or twice
for tickets and I've seen people have tickets dismissed even after
admitting they did it with a reasonable explanation. One thing you'll find
is no case is ever a slam-dunk, the judge has a lot more latitude in what
they can do than you may think.

Agreed, but I have been there faaarrrr more times then you, I've never heard
a case dismissed because the officer did a separate violation.
Using that logic, every cop speeding to catch a jay walker, speeder is
guilty. How about running a red light without a siren while responding
to a call? You can not dismiss a case because the officer did something
wrong while doing the performance of his duties. The only way that would
happen, is it had a direct bearing innocence or guilt on the case
to which he's involved.

The last ticket I got was for sliding in
to the back of somebody's pickup truck on a snow covered icy road
one night. The officer that wrote me the ticket "advised" me to take it to
court, which I did, and the officer didn't show so it was automatically
dismissed. How nice of him not to show up. 8-))

Lucky you. Don't always take the advise of the cop, he's not a
lawyer ;)


Regards,

Leland C. Scott

Landshark


--
Real heroes are men who fall and fail
and are flawed, but win out in the end
because they've stayed true to their
ideals and beliefs and commitments.

since when is using a cb against the law in the U.S.?Judge,in...
 

"U-Know-Who" wrote in message
...

"Leland C. Scott" wrote in message
. ..
On Tue, 20 Dec 2005 04:12:41 +0000, Landshark wrote:



Sorry Lee, Twist is right. The Judge can not throw out
a case like this because the officer littered.

The judge did, and that's a fact regardless of what twist may think. Did
the judge make an error in dismissing the case, maybe. The person
never did tell me the exact reason why the case was dismissed but from
their recollection of the events in court it seems it was due to the
officer littering as well.

I've been to traffic court myself once or twice
for tickets and I've seen people have tickets dismissed even after
admitting they did it with a reasonable explanation. One thing you'll
find
is no case is ever a slam-dunk, the judge has a lot more latitude in what
they can do than you may think. The last ticket I got was for sliding in
to the back of somebody's pickup truck on a snow covered icy road
one night. The officer that wrote me the ticket "advised" me to take it
to
court, which I did, and the officer didn't show so it was automatically
dismissed. How nice of him not to show up. 8-))

Regards,

Leland C. Scott

Since then, have you learned to drive?

Since I was 17 what about you?

--
Regards,
Leland C. Scott
KC8LDO

since when is using a cb against the law in the U.S.?Judge,in...
 

"I AmnotGeorgeBush" wrote in message
...


Once again, an act that has no relation to another's act can not be user
as an excuse or defense for the original person and their actions.

Perhaps not but in the case I mentioned that appears to be what happened.



I never questioned their latitude.

Good idea, those that did lerned it wasn't a good thing to do.

You banged up several vehicles, did you not?

Just mine, hit the guys trailer hitch. Spent $800 getting the front left
fender replaced, then less than a year later some woman slamed in to the
back side of the van on the expressway and totaled it. Now I got another
ride I ordered through the local car dealer new.

That's what happens when the state fails to prove their case.

Just for your information just because the cop doesn't show in court doesn't
mean an automatic dismissal. The judge has the option to simply reschedule
the court hearing. Most of the time the case is dismissed but don't bet on
it.

Regards,
Leland C. Scott
KC8LDO

since when is using a cb against the law in the U.S.?Judge,in...
 

"Landshark" wrote in message
. net...

Doubt it had anything to do with the officer littering. Most
likely he didn't prove his case or the information on the
ticket concerning the violation wasn't good enough to convict.

I would tend to agree with that analysis. You have to admit flipping a butt
out the window isn't like chucking a bag full of burger wrappers, empty
drink cups and dirty napkins from the local fast food joint out the window.

--
Regards,
Leland C. Scott
KC8LDO

since when is using a cb against the law in the U.S.?Judge,in...
 

I would tend to agree with that analysis. You have to admit flipping a butt
out the window isn't like chucking a bag full of burger wrappers, empty
drink cups and dirty napkins from the local fast food joint out the window.

Cigarette butts don't disintegrate for a long time. Plus, if the
butt is still hot, it can start a forest fire. All trash should
find it's way to a proper receptical.

since when is using a cb against the law in the U.S.?Judge,in...
 

"Scott in Baltimore" wrote in message
...
I would tend to agree with that analysis. You have to admit flipping a
butt out the window isn't like chucking a bag full of burger wrappers,
empty drink cups and dirty napkins from the local fast food joint out the
window.

Cigarette butts don't disintegrate for a long time. Plus, if the
butt is still hot, it can start a forest fire. All trash should
find it's way to a proper receptical.

Of course, I didn't want to imply anything different.

--
Regards,
Leland C. Scott
KC8LDO