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Tag Archives: Traffic ticket

Notice, Right of Inquiry & Traffic Tickets


Traffic Ticket = Notice [courtesy Google Images]

Traffic Ticket = Notice
[courtesy Google Images]

Last Thanksgiving Day, a friend of mine was issued a traffic ticket for disregarding an “official traffic control device” on the access road alongside of a highway that was being repaired.  The venue of the offense was Hill County, Texas—about 70 miles south of my friend’s home at Dallas.  He was assessed $150 for the offense.

The fine wasn’t large, but he nevertheless wanted to fight the ticket asked if I could help.

I told him to send me a photo copy of the ticket he received and I’d see if I could devise some questions to pose to the person or entity that issued the ticket.  It was my hope that the “ticket” (being a Notice) would create the recipient’s “right of inquiry” (right to ask questions about the Notice) and the sender’s correlative duty to answer his questions.   It was my hope that if such questions were sufficiently insightful, they might slow or stop prosecution.  (For more insight into the strategy of posing questions, see the articles posted under the category “Notice” on this blog.)

I told my friend that I believed it was important that such questions be drafted and mailed to the gov-co as soon as possible.

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Posted by on January 20, 2014 in Notice, Traffic Law

 

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Florida Shortened Yellow Lights to Gain Revenue


Red light camera system at the Springfield, Oh...

Red light camera system (Photo credit: Wikipedia)

Florida reduces the time on yellow lights by only a fraction of a second and gains $50 million in traffic light revenue.

Traffic light revenues are important because they’re ultimately based on the presumption that we can be charged for an offense that no one actually witnessed.  Yes, some cop may later “witness” the video tape, but that strikes me a kind of hearsay since the cop didn’t witness the actual event.  If the government is allowed to impose fines based on the “testimony” of machines and without eye-witnesses, it won’t be long before you’re issued a ticket for using too much toilet paper based on a computer that monitors your bathroom.

On the one hand, the use of machines (like computers and video recorders) to penalize offenses may be a good thing since such mechanical monitors may help reduce the incidence of offenses and crimes.  On the other hand, the use of machines like computers and video recorders to penalize offenses may be a bad thing since they allow government to grow more efficient and ever-larger without the cost of adding additional personnel.  Mechanical and electronic enforcement devices are conducive to a police state.

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Warrants?! We Don’ Nee’ No Stinkin’ Warrants! (Unless We’re on Video)


A 'nest' of surveillance cameras at the Gillet...

Image via Wikipedia

Here’s an interesting little video of a police officer stopping someone for speeding, asking for permission to search his vehicle for drugs, and being refused that permission unless he produces a warrant to search.  The cop goes ballistic.  I mean bal-lis-TIC!  

The cop’s rage is kinda comical.

Nevertheless, the cop does let the guy go without a speeding ticket or a search of his vehicle.

Why?

Two possible answers:

1) The cop may not like the law in the least, but he still respects it.  I.e., no matter how much the cop wanted to search the car, he knew the driver was right and a search could not lawfully proceed without the driver’s permission or, failing that, a warrant signed by a judge.  The driver refused permission.  No judge was available.  The cop could not lawfully search.

2)  The cop knew that the entire stop was being recorded on his dash-cam.  Therefore, as much as the cop might like to beat the crap out of the driver who dared to ask for a warrant, he couldn’t proceed violently and/or illegally so long as “big brother” (the gov-co) was watching “little brother” (the cop) on video.

I’ll bet the answer is #2.  As pissed as that cop was, the driver of the vehicle escaped an ass-whoopin’ thanks to the dash-cam on the cop’s cruiser.

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Posted by on March 18, 2012 in Police Abuse, Police State, Video

 

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