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From: Long Beach, CA
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The cops seem like cool guys and they, most of the time, answer the questions and give good advice.
The cops seem like cool guys and they, most of the time, answer the questions and give good advice.
Joined: Aug 2006
Posts: 127
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i don't know whether its smart to be asking cops for legal advice. they are part of the prosecution.
last time i asked a cop for some help, he told me to just pay the ticket, that its the best thing to do. yea, waiving trial rights with a plea bargain is great advice. almost, as bad as going to a half-assed traffic attorney who goes for plea bargains cause its more efficient.
so, i asked my friend's mom about my ticket, since she used to do insurance law. her advice:
-ask for a county judge, who should know the law better than a hearing officer(who is not a judge!)
-that in Florida, a state trooper must wear full uniform (including their hat) to arrest people under color of state law
-when not in uniform, the cop may conduct a civilian arrest, but civilian arrests are limited to felonies
-that a traffic citation constitutes a promise-to-appear (PTA), which is an arrest
hopefully, i can get the trooper to admit he wasnt wearing the hat, or that he doesnt wear the hat everyone single time he pulls someone over during cross examination.
my friend (whose mom i spoke to) was able to pull this off before. case dismissed. (he has beaten over 20 tickets in the last few years)
besides, after reviewing how the traffic courts are setup in florida, they are highly reminiscent of inquisitorial courts of justice(the judge is both judge and prosecutor). i thought this was a common law country. that won't help at all in court, but kinda interesting trivia. i guess that's why they are called civil infractions.
last time i asked a cop for some help, he told me to just pay the ticket, that its the best thing to do. yea, waiving trial rights with a plea bargain is great advice. almost, as bad as going to a half-assed traffic attorney who goes for plea bargains cause its more efficient.
so, i asked my friend's mom about my ticket, since she used to do insurance law. her advice:
-ask for a county judge, who should know the law better than a hearing officer(who is not a judge!)
-that in Florida, a state trooper must wear full uniform (including their hat) to arrest people under color of state law
-when not in uniform, the cop may conduct a civilian arrest, but civilian arrests are limited to felonies
-that a traffic citation constitutes a promise-to-appear (PTA), which is an arrest
hopefully, i can get the trooper to admit he wasnt wearing the hat, or that he doesnt wear the hat everyone single time he pulls someone over during cross examination.
my friend (whose mom i spoke to) was able to pull this off before. case dismissed. (he has beaten over 20 tickets in the last few years)
besides, after reviewing how the traffic courts are setup in florida, they are highly reminiscent of inquisitorial courts of justice(the judge is both judge and prosecutor). i thought this was a common law country. that won't help at all in court, but kinda interesting trivia. i guess that's why they are called civil infractions.
Joined: Aug 2006
Posts: 127
Likes: 8
by no means should anyway construe my post as adversial against law enforcement. i totally agree that LEO should be accorded much respect for what they do, but sometimes issuing tickets seem like a waste of time considering all the other criminal activity in Miami.
but if there is one thing I can't stand is corrupt government officials. i know of a drug detective who sells drugs on the side, but I dont know who his friends are. dont need to get shot in the head during a traffic stop, if you get my drift.
but if there is one thing I can't stand is corrupt government officials. i know of a drug detective who sells drugs on the side, but I dont know who his friends are. dont need to get shot in the head during a traffic stop, if you get my drift.
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Joined: May 2002
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From: YANKEE WORLD
Originally Posted by 91crxSi,Jul 31 2009, 07:46 PM
i don't know whether its smart to be asking cops for legal advice. they are part of the prosecution.
-that in Florida, a state trooper must wear full uniform (including their hat) to arrest people under color of state law
-when not in uniform, the cop may conduct a civilian arrest, but civilian arrests are limited to felonies
hopefully, i can get the trooper to admit he wasnt wearing the hat, or that he doesnt wear the hat everyone single time he pulls someone over during cross examination.
my friend (whose mom i spoke to) was able to pull this off before. case dismissed. (he has beaten over 20 tickets in the last few years)
-that in Florida, a state trooper must wear full uniform (including their hat) to arrest people under color of state law
-when not in uniform, the cop may conduct a civilian arrest, but civilian arrests are limited to felonies
hopefully, i can get the trooper to admit he wasnt wearing the hat, or that he doesnt wear the hat everyone single time he pulls someone over during cross examination.
my friend (whose mom i spoke to) was able to pull this off before. case dismissed. (he has beaten over 20 tickets in the last few years)
Joined: Oct 2000
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From: Tulsa, OK
Originally Posted by NYCS2,Jul 31 2009, 08:50 PM
With this post are you saying that if I'm mowing peeps down with an AK, a officer has to wear his hat to arrest me?
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I particularly like the "GET THE **** OUT OF MY WAY I'M GOING 100 MPH ON THE FREE WAY BECAUSE I WAN'T TO BE TO A NON-EMERGENCY SITUATION QUICKLY" thread =D
Typical cops, how come that excuse never got me out of a speeding ticket. If it's not an emergency situation GTFO off my freeway or pull someone over already. I want to get back to going 75-80. Thanks s'much!
Typical cops, how come that excuse never got me out of a speeding ticket. If it's not an emergency situation GTFO off my freeway or pull someone over already. I want to get back to going 75-80. Thanks s'much!