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since when is using a cb against the law in the U.S.?Judge, in effect, rules it is.
Earlier this summer, I bought a legal CB radio antenna from Radio Shack
and followed the instructions on it when putting it on my car. Then right after it was on, while I was driving, something happened that never happened to me before while I didn't have it. A cop followed me for miles, following every turn I made, even though I wasn't speeding and wasn't breaking any laws. It was like he was following me for it being against the law to have a CB antenna on your car. Through my rearview mirror, I also saw him radio gfrom his car. I guess he was running my plates just because I had a cb antenna on my car. After miles, he finally turned a different way. I was on the regular roads when all of it happened, not on the freeway. However, now a ham radio operator who was using his ham radio while driving was arrested for using his "cell phone" while driving. The ham radio operator fought it in court and after the judge heard the real descriptions about the radio, the judge ruled that it is similar enough to a cell phone that it is against the law to use it while driving. That's what the judge basically said and still counted it as a cell phone. I think most people use their cb's in their car. Now, since mobile ham radios and mobile cb's operate the same way, a separate hand held microphone that can be used with one hand, the judge has in effect also ruled that it's against the law to use any cb while mobile in your car, since a cb is similar enough to a cell phone. (although the judge had actually said it about mobile ham radios while driving). So how come the police, judge, and federal government isn't going after the manufacturers of the mobile cb's (since those are made to be used in only cars and not homes, (you can't operate them on house current or AA batteries) same for mobile ham radios) or after the FCC who approved of these illegal radios as legal? Here's the source of the story: Source: This Week in Amateur Radio Categories: Amateur Radio News 17:45 Ham Operator ticketed for using his ''cell phone'' Joey Hernandez, W2JLH, was issued a citation for operating his amateur radio while mobile. He went to court where the judge presiding had to consult a law book regarding the issue, and when the radio was described to him, he pronounced a guilty verdict to Mr. Hernandez, saying that the description of the use of the radio was too similar to the use of a cell phone and therefore he was guilty as charged. More on this issue can be found at the linked URL. Source: This Week in Amateur Radio Categories: Amateur Radio News |
since when is using a cb against the law in the U.S.?Judge, in effect, rules it is.
On Sun, 11 Dec 2005 01:40:18 -0800, scammedbyohio wrote:
The ham radio operator fought it in court and after the judge heard the real descriptions about the radio, the judge ruled that it is similar enough to a cell phone that it is against the law to use it while driving. That's what the judge basically said and still counted it as a cell phone. So ask the judge why the Cop doesn't get nicked for a fine while using his "cell phone" to run your plates while he's driving? 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 |
since when is using a cb against the law in the U.S.?Judge, in...
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since when is using a cb against the law in the U.S.?Judge, in...
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since when is using a cb against the law in the U.S.?Judge, in...
"I AmnotGeorgeBush" wrote in message ... From: (Leland C. Scott) On Sun, 11 Dec 2005 01:40:18 -0800, 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. A judge is REQUIRED to follow the law. A judge may not indiscriminately dismiss such a case based on information that another committed the same offense. I personally spoke to the person this happened too and those are the facts. She did just what I said and the judge dismissed the ticket, period. -- Regards, Leland C. Scott KC8LDO Looks like Leland has got you by the jock strap again Twistedhed..... |
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. A judge may not indiscriminately dismiss such a case based on information that another committed the same offense. I personally spoke to the person this happened too I don't doubt you were told as much, but it's bunk. and those are the facts. The only facts here are 1) you were told as much and 2) apparently believe it. She did just what I said and the judge dismissed the ticket, period. Hearsay is not fact. -- Regards, Leland C. Scott KC8LDO Try and stay out of trouble, convict. Sorry Lee, Twist is right. The Judge can not throw out a case like this because the officer littered. If the judge wants to dismiss on for "in the interest of justice" fine, but I've been to court dozens of times for tickets over the past 30 years, never seen a case dismissed over the reasons like you're friend claims. Landshark -- The internet is fun but it's no substitute for books, people, nature, or direct experiences. But you think that you can get everything you need from your computer, you are a fool. Frank Gililland |
since when is using a cb against the law in the U.S.?Judge,in...
"Landshark" wrote in message
et... "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. A judge may not indiscriminately dismiss such a case based on information that another committed the same offense. I personally spoke to the person this happened too I don't doubt you were told as much, but it's bunk. and those are the facts. The only facts here are 1) you were told as much and 2) apparently believe it. She did just what I said and the judge dismissed the ticket, period. Hearsay is not fact. -- Regards, Leland C. Scott KC8LDO Try and stay out of trouble, convict. Sorry Lee, Twist is right. The Judge can not throw out a case like this because the officer littered. If the judge wants to dismiss on for "in the interest of justice" fine, but I've been to court dozens of times for tickets over the past 30 years, never seen a case dismissed over the reasons like you're friend claims. Landshark I agree, been to court on a number of occasions. As a teen I racked up 23 parking tickets at one time. Went to court several times as I had no money to pay them. The last time I got arrested for said tickets. I asked the judge to just put me in jail. He asked how long I was in the holding cell, I told him 36 hours, and he said time served. This goes to show the judge can be lenient, but has to uphold the law at all times. |
since when is using a cb against the law in the U.S.?Judge,in...
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 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. 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 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...
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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 |
since when is using a cb against the law in the U.S.?Judge,in...
"Leland C. Scott" wrote:
"U-Know-Who" wrote in message Since then, have you learned to drive? Since I was 17 what about you? I learned when I was about twelve in a ford falcon with the three on the tree. I sorta ground the gears a bit at first but I finally got the hang of it after my dad slapped me upside the head a few times. arrgghhh! |
since when is using a cb against the law in the U.S.?Judge,in...
"Leland C. Scott" wrote:
"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. Donut get caught throwing your roach to the pavement. |
since when is using a cb against the law in the U.S.?Judge,in...
Scott in Baltimore wrote:
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. Field strip em' first! |
since when is using a cb against the law in the U.S.?Judge,in...
"I AmnotGeorgeBush" wrote in message
news:27216-43AAAC04- (snip) See above. You may be confusing yourself with jury nullification. In any event, littering was never found to be unconstitutional. Wanna get out of jury duty, just mention jury nullification while going through the selection process. |
since when is using a cb against the law in the U.S.?Judge,in...
Don't get caught throwing your roach to the pavement.
Who'd want to waste it? |
since when is using a cb against the law in the U.S.?Judge,in...
Scott in Baltimore wrote:
Don't get caught throwing your roach to the pavement. Who'd want to waste it? Got blisters on my fingers! ($1) |
since when is using a cb against the law in the U.S.?Judge,in...
"Steveo" wrote in message
... Scott in Baltimore wrote: Don't get caught throwing your roach to the pavement. Who'd want to waste it? Got blisters on my fingers! ($1) Sucking a lit roach down your throat. PRICELESS |
since when is using a cb against the law in the U.S.?Judge,in...
"DrDeath" wrote:
"Steveo" wrote in message ... Scott in Baltimore wrote: Don't get caught throwing your roach to the pavement. Who'd want to waste it? Got blisters on my fingers! ($1) Sucking a lit roach down your throat. PRICELESS auuudiooo -cough- |
since when is using a cb against the law in the U.S.?Judge,in...
"Leland C. Scott" wrote in message . .. "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 Ask Frank about it, he knows better than us................ Landshark -- Courage is what it takes to stand up and speak; courage is also what it takes to sit down and listen. |
since when is using a cb against the law in the U.S.?Judge,in...
On Fri, 23 Dec 2005 04:21:04 +0000, Steveo wrote:
"Leland C. Scott" wrote: "U-Know-Who" wrote in message Since then, have you learned to drive? Since I was 17 what about you? I learned when I was about twelve in a ford falcon with the three on the tree. I sorta ground the gears a bit at first but I finally got the hang of it after my dad slapped me upside the head a few times. arrgghhh! I learned to drive with a 70 Challenger RT running a 383 with a 4 speed. It wasn't your usual transportation special kids get for their first car. Clutch friction plates and tires didn't last long on that thing. It was hard not to squeal the tires a bit in first when letting out the clutch without letting it slip a lot. I hated to drive in the winter, the car was way too light in the back end, and way too nose heavy, thus getting stuck in the snow was a problem. Regards, Leland C. Scott KC8LDO |
since when is using a cb against the law in the U.S.?Judge,in...
"Leland C. Scott" wrote:
On Fri, 23 Dec 2005 04:21:04 +0000, Steveo wrote: "Leland C. Scott" wrote: "U-Know-Who" wrote in message Since then, have you learned to drive? Since I was 17 what about you? I learned when I was about twelve in a ford falcon with the three on the tree. I sorta ground the gears a bit at first but I finally got the hang of it after my dad slapped me upside the head a few times. arrgghhh! I learned to drive with a 70 Challenger RT running a 383 with a 4 speed. It wasn't your usual transportation special kids get for their first car. Clutch friction plates and tires didn't last long on that thing. It was hard not to squeal the tires a bit in first when letting out the clutch without letting it slip a lot. I hated to drive in the winter, the car was way too light in the back end, and way too nose heavy, thus getting stuck in the snow was a problem. Regards, Leland C. Scott KC8LDO Those are beautiful cars man, I'm surprised you drove it in the winter. What color was it, and was it the pistol grip shifter? Those uni-bodies are light and quick, I always liked the body lines on the Challengers', was it your car? That's a hell of a machine to learn on. |
since when is using a cb against the law in the U.S.?Judge,in...
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since when is using a cb against the law in the U.S.?Judge,in...
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since when is using a cb against the law in the U.S.?Judge,in...
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