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Whether or not that's true, Ace, it's currently the law that you can't go 35 in a 30. If I got a ticket for that, I'd smile and nod politely and pay the dang fine.
But I am still wondering what the op was wrong accused of doing, what the pictures showed/how they exonerated him, etc.
I also want to know how I have lived in Plano for 20 years and have never been wrongly accused by the "money-grubbing" cops. (And neither have my friends, family, etc...)
One blatant scam perpetrated by a municipal agency is the $100 fine for failing to post a registration sticker on your windshield, even if your car is legally registered.
No city police officer will enforce this particular rule, since their city cannot share in the revenue. Only the county makes money. The county will usually hire a number of registration cops who cruise the streets looking for expired or missing registrations, which is in fact a source of revenue to the county. This is usually not a safety issue, but is basically a form of taxation.
Now if you don't have your sticker on the windshield, the registration cop might stop you, and fly into a rage when you do in fact produce evidence of a valid registration. Well, he might be so enraged that he would slap you around a bit, or find a pretext to arrest you, in extreme cases, to punish you for inconveniencing him, so to give him an outlet for retaliation, the county allows him to write you a $100 citation. The cop gets even, the county gets $100, and you get rooked.
Whether or not that's true, Ace, it's currently the law that you can't go 35 in a 30.
No, it's not the law. The laws are written in the Texas legislature, and passed by legislative vote of representatives of the people. A local speed limit on a local street is not specified in any legislative bill of the State of Texas, it is determined arbitrarily by a municipality at will. And not by the city council, but by unelected bureaucrats.
The law of the State of Texas also mandates that a city council cannot arbitrarily create an ordinance regarding a speed limit. The speed limit is supposed to be established by the results of a traffic survey. Fat chance that a traffic engineer will buck a city manager desperate for a bigger city budget.
In many states, the actual violation is to operate a vehicle in an unsafe manner, not just to exceed a particular speed limit. If your speed was under the limit, the police have the burden of proof in court, and can still argue that you were a danger. if you were over the limit, the motorist (you) must prove he was driving safely. But violating a speed limit, as such, is not automatically a crime. Unsafe driving is the crime.
For example, I was in a horrible auto accident in California, up in the mountains. I skidded on some gravel going round a curve, and went off the road and down the side of a mountain, rolling over and over about 120 feet until my car stopped against a tree. The Highway Patrol was unable to prove I was speeding, from witness testimony, so they were reduced to citing me for "Losing control of a vehicle on a mountain road". They were probably grateful I survived to pay the fine.
Naturally, when a government is able to create rules at will, outside of the normal democratic process, there will be abuses. When money is to be made, you can pretty much expect those abuses to be common. The city will, of course, make sure the abuse does not become so common as to spark a taxpayer revolt.
How would you feel if, instead of receiving a written citation, you were pulled out of your car and whipped? Ten lashes for doing 35 in a 30? That happened for a time in Lagos, Nigeria, when the national government responded to extreme police corruption by having the army take over traffic control.
One blatant scam perpetrated by a municipal agency is the $100 fine for failing to post a registration sticker on your windshield, even if your car is legally registered.
No city police officer will enforce this particular rule, since their city cannot share in the revenue. Only the county makes money. The county will usually hire a number of registration cops who cruise the streets looking for expired or missing registrations, which is in fact a source of revenue to the county. This is usually not a safety issue, but is basically a form of taxation.
Now if you don't have your sticker on the windshield, the registration cop might stop you, and fly into a rage when you do in fact produce evidence of a valid registration. Well, he might be so enraged that he would slap you around a bit, or find a pretext to arrest you, in extreme cases, to punish you for inconveniencing him, so to give him an outlet for retaliation, the county allows him to write you a $100 citation. The cop gets even, the county gets $100, and you get rooked.
I thought you are required by the state to display the registration sticker on your windshield. So if you have a valid registration for the vehicle why would you not display it appropriately as required by the state in which it is registered?
Registration cops? Ummm... I doubt very seriously that any authority ("registration cop", city police officer, highway patrol, etc.) would "fly into a rage", or threaten to "arrest you" for such a violation. And I'm very sure no one is going to "be so enraged that he would slap you around a bit". Aren't you exaggerating just a tiny bit?
I thought you are required by the state to display the registration sticker on your windshield. So if you have a valid registration for the vehicle why would you not display it appropriately as required by the state in which it is registered?
Registration cops? Ummm... I doubt very seriously that any authority ("registration cop", city police officer, highway patrol, etc.) would "fly into a rage", or threaten to "arrest you" for such a violation. And I'm very sure no one is going to "be so enraged that he would slap you around a bit". Aren't you exaggerating just a tiny bit?
Well, the county officer was visibly frustrated. He thought he had me nailed, and when I produced evidence of a valid registration, he was obviously angry that I had slipped through his fingers. It was clear to me that the citation he wrote was an act of retaliation, albeit one allowed to him by his office's Rules of Engagement.
I don't know if the requirement is a state law or not, but if it is, it is solely for the minor convenience of county registration cops only. But what if there were no such rule? Would citizens then frustrate law enforcement by not posting their registration decals? Not too likely, since the average motorist would post the decal in order to avoid the inconvenience of being stopped for a registration check.
How would you feel if an IRS agent approached you on the street and wrote you a citation for failing to provide a copy of your tax return on the spot? More importantly, how long would the Congress allow such a practice to continue?
An annual registration tax of a motor vehicle is basically a form of taxation for the benefit of a county. It does not contribute to public safety, does not benefit the public health, has no impact on the convenence or welfare of the people. A county can function without it, since it has general taxing powers of other kinds. Other policemen, state, local traffic, etc., have no interest in enforcing county tax collection, and will only cite a missing registration in conjunction with some other traffic infraction, unless they are a greedy city, such as Addison. They will not cite a misplaced registration sticker as a sole infraction since their city will gain nothing by doing so.
The basic principle is that a police force exists only in order to serve public safety, not the pleasure or convenience of its members.
Well, the county officer was visibly frustrated. He thought he had me nailed, and when I produced evidence of a valid registration, he was obviously angry that I had slipped through his fingers.
I don't know if the requirement is a state law or not, but if it is, it is solely for the minor convenience of county registration cops only.
An annual registration tax of a motor vehicle is basically a form of taxation for the benefit of a county. It does not contribute to public safety, does not benefit the public health, has no impact on the convenence or welfare of the people. A county can function without it, since it has general taxing powers of other kinds. Other policemen, state, local traffic, etc., have no interest in enforcing county tax collection, and will only cite a missing registration in conjunction with some other traffic infraction. They will not cite a misplaced registration sticker as a sole infraction since their city will gain nothing by doing so.
The basic principle is that a police force exists only in order to serve public safety, not the pleasure or convenience of its members.
It sounds like you have a beef with all local and state authorities that provides citizens public safety services which are critical to our well-being and safety. These mandated requirements are (supposed to be) for the basic good of everyone. You may not like these requirements, but you must accept them and abide by the laws of the land. It's like paying sales tax, property tax, income tax, etc. You may not like it, but you must accept the fact that you must pay it.
I guess you also have a problem properly displaying the state required Inspection sticker too that proves your vehicle is road worthy, safe and does not pollute unnecessarily.
If you drive a car I would say at some point you have to have gone over the speed limit. So I look at it as a bit of poetic justice. If I have been driving for 30 years and have only had one speeding ticket in that 30 years, who has really gotten over on the system? ME!
OP I would say you did what you could and the best thing to do is not to beat yourself up over it for the rest of your life. The thing you should have done was posted the facts and details as to what happened. Your being evasive on that point is a bit suspect.
I was radar caught just yesterday in Coppell. I was on a stretch of McArthur Blvd that is 35 for several miles. I saw the motorcycle and started tapping my brakes but it was too late. Well guess what, I DIDNOT get a ticket and he said I was doing 48 in a 35. Now I am not sure why I got off with a warning but I do know the key is ATTITUDE! I was willing to take my punishment for the crime but it sucked since I only been here for two days. It may have been my little police officer teddy bear sitting in plain view. I did shake his hand and tell him I loved him when he said he was just giving me a warning.
Now I do believe it depends on the cop. You can be as nice as you want but if you get a cop in a bad mood no matter what he is giving you a ticket. But I did get off with a angry one in Atlanta before too. She looked like she wanted to shoot me soon as she walked up to the window. I still had CA plates after being there 1 1/2 yrs. She checked me out and said I been in GA longer than 30 days, gave me back my stuff and went on her way. I think I am just likable!!
It sounds like you have a beef with all local and state authorities that provides citizens public safety services which are critical to our well-being and safety.
No it sounds like I have a beef with a particular county cop who became angry with me and wrote a citation in order to exact vengeance and to vent his anger. Or, in actuality the cop had a beef with me. I guess I was lucky he didn't throw me on the ground and handcuff me.
In the American justice system, we expect cops not to take their anger out on citizens.
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These mandated requirements are (supposed to be) for the basic good of everyone.
This specific one was only for the convenience of the county registration cop. The county already had my tax money.
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not like these requirements, but you must accept them and abide by the laws of the land. It's like paying sales tax, property tax, income tax, etc. You may not like it, but you must accept the fact that you must pay it.
In fact, I did pay the tax. That was the point, in case you missed it the first time. And no, we as citizens do not have to accept rules that are patently abusive. And I have no problem identifying this one as abusive on this public forum.
I got a citation once for failure to display an insurance form to an officer. He was cordial about it, no problem. I went to court and got it dismissed when I showed evidence that I had insurance, just no insurance form in my car. Now that was a legitimate experience in the legal system in a way that the other was not.
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you also have a problem properly displaying the state required Inspection sticker too that proves your vehicle is road worthy, safe and does not pollute unnecessarily.
No, I don't have that problem. The sticker is affixed by the state inspector, not by me. Do you know what you're talking about?
No it sounds like I have a beef with a particular county cop who became angry with me and wrote a citation in order to exact vengeance and to vent his anger. Or, in actuality the cop had a beef with me. I guess I was lucky he didn't throw me on the ground and handcuff me.
In the American justice system, we expect cops not to take their anger out on citizens.
This specific one was only for the convenience of the county registration cop. The county already had my tax money.
In fact, I did pay the tax. That was the point, in case you missed it the first time. And no, we as citizens do not have to accept rules that are patently abusive. And I have no problem identifying this one as abusive on this public forum.
I got a citation once for failure to display an insurance form to an officer. He was cordial about it, no problem. I went to court and got it dismissed when I showed evidence that I had insurance, just no insurance form in my car. Now that was a legitimate experience in the legal system in a way that the other was not.
No, I don't have that problem. The sticker is affixed by the state inspector, not by me. Do you know what you're talking about?
Yes, the Inspection sticker is indeed affixed by the state inspector. And YOU are supposed to affix the Registration sticker. What don't you understand about that? You know what you are supposed to do! Just do it... Geez!
I think it's very apparent you have an attitude problem...
Yes, the Inspection sticker is indeed affixed by the state inspector. And YOU are supposed to affix the Registration sticker. What don't you understand about that?
Many things.
I don't understand the constitutional legality of being forced to prove I paid a tax, to a police officer on the street. Maybe in a court of law, yes.
I don't understand how my inaction (failing to affix the sticker) harmed the public.
I don't understand how the county was harmed. My tax was fully paid and the county suffered no loss.
I don't understand how this alleged crime is anything other than an excuse to get money out of the public.
I don't understand being ticketed because a cop was mad at me. Not because I deliberately offended him, or was disrespectful to him, but because he was inconvenienced by stopping and rousting me without being able to charge me as he intended. Nobody respects a legal system that allows cops to indulge in personal vengeance.
Public officials, in our society, are responsible to the people to behave in ways that benefit society, not just each other. Forcing a citizen to provide information regarding compliance with the law to a police officer is a violation of the US 5th Amendment, under the Miranda Rule, even if it inconveniences the police. As they say... "You have the right to remain silent... ". I have the right to remain silent toward a police officer as to whether or not I paid a tax to the county. Forcing me to post a tax sticker on my car violates my right to remain silent, even if the information would exonerate me. Fining me for remaining silent, i.e. not posting the sticker, punishes me for exercising a constitututional right.
A court will adjudicate whether or not I should be punished for failure to pay a tax, not some hotheaded cop.
If someone ever challenged the constitutionality of their silly rule, it would probably be thrown out as unconstitutional under various US and Texas constitutional provisions. It certainly is not necessary for effective public policy.
Last edited by aceplace; 09-25-2008 at 12:23 PM..
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. I did shake his hand and tell him I loved him when he said he was just giving me a warning. 
