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Originally Posted by Saliva Mark  Yeah, you got me with the states each having different codes and different penalties and fines. I really don’t understand why a state would want to serve a misdemeanor on someone for speeding though since it is sometimes just a common human error that everyone makes from time to time… but then again I guess we enforce our laws in a more educated and civilized manner than West Virginia. |
It is a misdemeanor in many other states as well. Sorry every other state is not as civilized as Georgia. We shall make Georgia our model to strive to sir. Didn't Georgia still have the Confederate flag flying over the state capitol as recently as 2001?
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Originally Posted by Saliva Mark Ok, Mr. copy-and-past, I have made my little smart ass remarks to be cute now its time for me to have a serious response to this hilarious thread because I really don’t know if this incident actually happened or if someone just needs a hug. |
The only reason I copied and pasted is because I know your debating style. You would have asked for a source so I provided one up front.
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Originally Posted by Saliva Mark Alright, first of all you are saying that the city police officer stopped you out of his jurisdiction. Now do you know for a fact that this officer was out of his jurisdiction? Just because there aren’t any city limit signs doesn’t mean that officer isn’t within the city or his jurisdiction. Not many cities are going to have now leaving the city limits signs.
Wow, are you kidding me or are you just plain ignorant about four lane roads not going through cities? Jesus Christ, have you ever been outside of West Virginia? I mean because a good majority every city in Georgia, Florida, and both North and South Carolina have a four lane or more running through them. Including the town of less than four thousand citizens where I work… Actually it has a four lane running north to south and another four lane highway running east to west. |
I know he was out of his jurisdiction because the town is about 4 miles off the four lane road. I know roads go through cities and there are many in W.V. like that. A city having juridiction 4 miles out of its city limits was the issue at hand here.
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Originally Posted by Saliva Mark Even if the officer wasn’t within his jurisdiction guess what? He could have “Legally” stopped your car for the violation and it would “Not” have been a violation of your IV Amendment Rights (Which is the protection from illegal searches and seizures… but you would have learned that by now in one of your Judicial Process classes since you claim to be majoring in Criminal Justice… or if you would have paid attention in your ninth grade history class.). Anyway, what the officer would have to do “If” he stopped you outside of his jurisdiction is call another officer who is within the jurisdiction where you are stopped. Once this officer arrives, this officer would be the officer who would write you the citation but, on the citation the officer must use the other officers RADAR serial number for the citation if it was a speeding offense and must also put the other officer’s name down in the remark section as the witness. Don’t bother researching a pile of web sites and copying and pasting a bunch of garbage from other pissed off bloggers who think they have a legit argument about law enforcement or their governments because he or she got a citation because, guess what? I have been in city, municipal and even state court rooms where this type of event occurred. Guess what the judge found? If it was a violation of the IV Amendment then you’re wrong. |
Yes, I know that but he did not do that. He did not get me on radar because I have a radar detector and it never went off. He gauged me by his speedometer. If he would have called another officer I would have challenged the ticket in court and asked to see the service records of the cruiser to see the last time the speedometer was calibrated. I am sure you know to gauge someone's speed with your speedometer you have to have a calibrated speedometer. There is nothing a Cop hates worse than a citizen that knows their constitutional rights. I understand your frustration with me. As for the 4th Amendment, I'm not sure what that would have to do with anything. He didn't "search" my car or me and therefore did not "seize" anything. If you are implying that pulling someone over is "seizure" then perhaps you should dust off your 9th grade history book and re-read that section.
In the future, if I receive a ticket, I will be filing a discovery motion and requesting all training records for the officer (which as you know many officers do not receive the radar company suggested minimum of training hours and are not trained by a representative of the radar company in the proper use of the device); a copy of the radar manual which often state that an accurate reading cannot be obtained through a single reading, most suggest 3 readings and then to take an average of the 3 to determine an accurate reading; a copy of the officer's radar calibration records (the manuals typically suggest that an accurate reading may only be determined if the radar is calibrated before and after each traffic stop). In your state of Georgia (yee haw), you are probably aware that, to prove a speeding violation, the prosecuting attorney must prove various factors including:
(1) the device 'before being placed in service and annually after being placed in service, is certified for compliance by a technician possessing at least a Second Class Radiotelephone License from the Federal Communications Commission,' (2) the device has passed tests 'for accuracy' conducted 'in accordance with the manufacturer's recommended procedure' by the officer or officers using the device, these tests having been conducted 'at the beginning and ending of each duty tour' and the results of the tests having been recorded and maintained, and (3) the vehicle from which the device was being operated at the time of its use was 'visible to approaching motorists for a distance of at least 500 feet.' The Supreme Court of Georgia established these rules in
Wiggins v. State and incorporated in the Official Code of Georgia Annotated at ยง 40-14-5.
I don't care to pay a speeding violation if I'm guilty
and the cop is following proper procedures. I'm sure you follow the above procedures to the letter, but I'm sure some of the officers in Georgia and other states do not. I once spoke with a former city copy and he said they never calibrated their radar that he knew of after they got them installed.
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Originally Posted by Saliva Mark I also got a slight chuckle out of you comparing you standing up for your constitutional rights to the founding fathers of this country creating the Constitution. First of all, most of the rights were amended into the constitution to either protect the citizens from the outrageous laws, searches, and punishments that were also coming over the ocean or to either allow the citizens the rights to be able to protect themselves from the British soldiers (This is were your precious II Amendment originated and not at a gun lovers convention…).
As far as, the people who served in the military protecting our freedom goes… Ok, when was the last war this country was involved in after World War II that had anything to do with protecting its citizen’s freedom? Was it Korea? How about Vietnam? The Kosovo or Cambodia Conflicts? Or even any of the wars with Iraq? I’m at a loss on that one you mind giving me a hand with that? Better yet go ask any Vietnam Vet how they felt about that war… I know how my father felt for being drafted and go to war with that country. |
We have a fundamental disagreement on the Constitution. I believe that is meant exactly as it is written. You believe that is should be interpreted to mean whatever the government wants it to say.
As for the war thing, The Korean Conflict, The Vietnam Conflict, The Gulf War, The Afghanistan Conflict, and the Iraq Conflict have little to do with freedom. Does that make the soldiers that served in those conflicts any less honorable than the ones who served in WWII? I don't have to go and ask a Vietnam Vet because I have had numerous conversations with one about it all ready. My uncle volunteered for the Vietnam War (and suffers many physical problems from Agent Orange exposure) because he felt a sense of duty to his country. Did he know what the conflict was all about? No. He felt that his country needed him and he answered the call. If that is not honorable, I don't know what is. Does he resent the fact that his country lied to him about it and that they continue to lie today about Agent Orange? YES.