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On 14 Dec 2005 00:40:07 -0800, "bradvk2qq" wrote:
Al, was this guy using a speaker mic? It wouldn't matter unless he was also on an autopatch and running duplex. I'm just wondering because I read that the Judge said he was holding it to his ear like a cellphone, and a speakermic would do that, creating a loophole for the judge to uphold the charge. Nope - ALL parts of the law have to be met - it's an "and" construct, not an "or" construct. I can't help wondering if the Ham had a bad attitude as well. A bad one, or he simply didn't know how to fight it. I can't tell you the number of people I've seen come up before a hearing officer with a ticket that was invalid on its face, and end up being found guilty. Police will dig their heels in if dared or badmouthed, and from what I've seen from most American newsgroups, Americans aren't shy about coming forward with abuse. I always tell people, when the subject comes up, to accept the ticket without a word, unless it starts off as a friendly "confrontation", in which case you might try joking your way out of it. If the cop is determined to write you, he will. There's only one way to prevent that - and your badge has to outrank his to do it. Take the ticket and fight it in court/AAB. |
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