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I agree! Some cops do suck and some are good. This one was just doing his job.
The OP does seem to be handling the situation well and with great maturity.
Quote:
Originally Posted by EB2
Also agreed.
I feel bad for the OP - however, he put himself in that situation. He said he's going to take it as experience, now..and that should be that. As many other people have stated - 30 over the speed limit is an offense that gets a ticket.
Some cops suck, I realize this. The OP seemed to handle the situation pretty well, though. Some cops are good. Some also just have bad days. My brother's a cop - so I see both sides...though, again, the officer was only doing his job by pulling him over/ticketing him.
Ben - are you an anarchist? Your thoughts/postings sort of remind me of one...
Point out to me where I said he shouldn't go to driving school and get the points taken off his license. Let me save you the time, I never said that. Please reread my posts so you'll have a better understanding of what I am saying.
If I was the one who was going 30 mph over the speed limit, I would pay my fine and take the driving course to get the points removed. I would not try to get out of the crime I committed on some technicality.
Regardless, he isn't a Florida resident, so taking a course may or may not even be an option for him.
Quote:
Originally Posted by wildmark
What planet do you live on, fair enough the person did wrong and got caught, but are you saying that if you had a chance of getting away with you fine and no points you would not at least try?
Why do you keep talking about California's penal code? You do realize that Tampa is in Florida?
Quote:
Originally Posted by Ben Screwed
TO your question! ( hell no ). My spelling may not be perfect here , as many posting have mistakes > that does not and should not take away the facts . Take the time to look at California penal Code 853.9 as i have asked. it states what your rights are . althou it is HIDDEN from most people who admit that they didn't take the time to research it. I have to ask why on a Judicially approved form would they put it there? Then when you take the time to read it you understand. So as not to violate your Constitutional Right to Due Process. TITLE 42 , 1983. AND TITLE 18, 241 & 242. THESE MAY NOT BE IMPORTANT TO YOU. That does not mean that they are not important to some of us. The Constitution is the same everywhere. So then i ask you Which is the most serious law being broken ? The laws that your brother inforces (doing his so called job) or the laws that our people fighting and giving there lives for over sea's. Direct message me if you care to see the proof to support my statements. If not . it's your Rights.
Why do you keep talking about California's penal code? You do realize that Tampa is in Florida?
Yes i know where Tampa is!! . I have been there many times . But i can tell from your response that you have not taken the time to fully read my post . And second and most inportantly you have not taken the few minutes to look at the c.p.c.853.9 . If you had you would not contunue with the responses that you have . The process that i explained has and sill is growing in the states of Calif., Nev., Colo., Oregon ,Tenn., West Virgina ,Georgia and soon in Florida. what more can i say. There are a few believers out there that have done their home work. and by the way the Constitution that I keep refering to is the same thru out the United States in case you were not aware of that.
I'd hate to get on this bandwagon, but i'm not sure I understand...the law states that the speed limit is 40mph, the poster was doing 30mph OVER the speed limit, therefore breaking the law, not being a law abiding citizen(and possibly causing a horrific accident, that is a bad area traffic wise and so much construction).
Just 1 last word of wisdom here . Yes he admits that he was speeding, a Violation of the laws of the state of Florida. But the laws of that same State and the Constitution of this United States of America state that you are innocent untill PROVEN guilty. What i have been trying to get across to those posting here is just that . The legal system provides this remedy. No tricks, no evading responsiablity.Your accuser whom ever it may be private citizen or police officer have to give you a verified complaint ( if you know about it ) to move forward. That's not my idea !. It's in their LAW books if you know where to look. Now for those of you that don't wan't to take the time to reaserch this and just give the Gov. more of your money GOOOOO!! ahead. They will need your money because they won't get any of mine or any from those that as I said do the research. And also note that as you said he could have possibly caused a horrific accident. Yes but he didn't. Had he then yes! hang him from the rafters so to speak. See then there is a injured party, the court then has jurisdition to hear the matter , move on the matter, and set the fine and punishment !. After presenting the statements from the injured person. That's how the system works. But I again ask, how was the police man hurt, what is his injure ? Because wheather you like it or not the LAW say's ( like i have been saying all day), There must be an injured person for a complaint to move forward . That's not what I say , but the LAW say's that look it up! Good night..............
TO your question! ( hell no ). My spelling may not be perfect here , as many posting have mistakes > that does not and should not take away the facts . Take the time to look at California penal Code 853.9 as i have asked. it states what your rights are . althou it is HIDDEN from most people who admit that they didn't take the time to research it. I have to ask why on a Judicially approved form would they put it there? Then when you take the time to read it you understand. So as not to violate your Constitutional Right to Due Process. TITLE 42 , 1983. AND TITLE 18, 241 & 242. THESE MAY NOT BE IMPORTANT TO YOU. That does not mean that they are not important to some of us. The Constitution is the same everywhere. So then i ask you Which is the most serious law being broken ? The laws that your brother inforces (doing his so called job) or the laws that our people fighting and giving there lives for over sea's. Direct message me if you care to see the proof to support my statements. If not . it's your Rights.
I debated whether or not to even reply to your post since you're obviously one of those right-wing anti-government kooks (I especially like how you advocate trying to arrest a police officer conducting a traffic stop), however I decided to simply for pure amusement.
First, the California Penal Code means nothing in Florida. But let's say that for some reason it did. Here's the text of PC853.9:
Quote:
853.9. (a) Whenever written notice to appear has been prepared,
delivered, and filed by an officer or the prosecuting attorney with
the court pursuant to the provisions of Section 853.6 of this code,
an exact and legible duplicate copy of the notice when filed with the
magistrate, in lieu of a verified complaint, shall constitute a
complaint to which the defendant may plead "guilty" or "nolo
contendere."
So basically, the notice to appear (ticket) can be submitted as a charging document IN LIEU OF a verified complaint. Did you miss that part of the law, do you just read what you want to read, or do you not have the cognitive ability to decipher a complex sentence?
Anyway, Florida law has no such statute that mentions anything about needing a "verified complaint" for anything. The traffic citation is the charging document. The white copy of the citation is submitted to the Clerk of the Court and contains verbiage identifying it as a charging document. The yellow copy is given to the defendant at the scene of the stop so they are presented with a copy of the charging document. It's that simple.
Nobody needs to be injured for someone to be charged with a crime or a traffic offense. NOWHERE in the law does it state that a person must be physically injured or incur some sort of monetary loss for a law to be violated. There are plenty of laws (laws which I'm sure you believe are "unconsitutional") that are considered crimes against public order and the state in general is the victim. All traffic laws (including the criminal ones such as DUI) fall into this category, as well as crimes such as obstructing justice, perjury, disorderly conduct, etc.
And how Title 1983 applies to this traffic stop is beyond me. There has been no unlawful search or seizure, and therefore no violation of Constitutional rights. You can't violate the Civil Rights Act without actually violating any civil rights.
And again, just for entertainment, let me ask you some questions....
-Do you believe that the federal government has the right to tax you?
-Do you believe that the government has the right to make you have a driver's license or license plate on your vehicle?
-Do you believe that the government has the right to restrict ANYONE from owning a firearm?
Actually, I have taken the time to convert your posts to English and read them. I have come to the conclusion that they are pure gibberish.
Quote:
Originally Posted by Ben Screwed
Yes i know where Tampa is!! . I have been there many times . But i can tell from your response that you have not taken the time to fully read my post . And second and most inportantly you have not taken the few minutes to look at the c.p.c.853.9 . If you had you would not contunue with the responses that you have . The process that i explained has and sill is growing in the states of Calif., Nev., Colo., Oregon ,Tenn., West Virgina ,Georgia and soon in Florida. what more can i say. There are a few believers out there that have done their home work. and by the way the Constitution that I keep refering to is the same thru out the United States in case you were not aware of that.
I debated whether or not to even reply to your post since you're obviously one of those right-wing anti-government kooks (I especially like how you advocate trying to arrest a police officer conducting a traffic stop), however I decided to simply for pure amusement.
First, the California Penal Code means nothing in Florida. But let's say that for some reason it did. Here's the text of PC853.9:
So basically, the notice to appear (ticket) can be submitted as a charging document IN LIEU OF a verified complaint. Did you miss that part of the law, do you just read what you want to read, or do you not have the cognitive ability to decipher a complex sentence?
Anyway, Florida law has no such statute that mentions anything about needing a "verified complaint" for anything. The traffic citation is the charging document. The white copy of the citation is submitted to the Clerk of the Court and contains verbiage identifying it as a charging document. The yellow copy is given to the defendant at the scene of the stop so they are presented with a copy of the charging document. It's that simple.
Nobody needs to be injured for someone to be charged with a crime or a traffic offense. NOWHERE in the law does it state that a person must be physically injured or incur some sort of monetary loss for a law to be violated. There are plenty of laws (laws which I'm sure you believe are "unconsitutional") that are considered crimes against public order and the state in general is the victim. All traffic laws (including the criminal ones such as DUI) fall into this category, as well as crimes such as obstructing justice, perjury, disorderly conduct, etc.
And how Title 1983 applies to this traffic stop is beyond me. There has been no unlawful search or seizure, and therefore no violation of Constitutional rights. You can't violate the Civil Rights Act without actually violating any civil rights.
And again, just for entertainment, let me ask you some questions....
-Do you believe that the federal government has the right to tax you?
-Do you believe that the government has the right to make you have a driver's license or license plate on your vehicle?
-Do you believe that the government has the right to restrict ANYONE from owning a firearm?
Thanks for taking the time to research what i said . BUT even with you research you read what you wanted to! in LIEW of means instead of,if you plead guilty or nolo,read on so YOU will get it all . that's from the very court clerk that has to disniss 10 of these actions . Facts on the record. and also you have done the same as many of the Judges that this has been brought before them, only to dismiss the action when they found that the following is correct ( as you state no civlil rights violation , correct, but that is a Constitutional Violation of your rights to due process. again you missed the boat ) Yes i don't have regis. plates on my cars and the cop's don't stop me , that's onother subject you are out of sink with by your lack of knowaledge.And yes i don't use the D.M.v.form of identiffication or permission to do what supream court justices have rueled i can do without . What more can i say ? to the uneducatied Good luck !
Yes i don't have regis. plates on my cars and the cop's don't stop me , that's onother subject you are out of sink with by your lack of knowaledge.And yes i don't use the D.M.v.form of identiffication or permission to do what supream court justices have rueled i can do without
Yep...kook. That's all.
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