14

9/26/2012 6:01:28 PM

Quote :

"when a large agency, like city or county, takes their patrol cars to the city or county garage for repair or maintenance, sometimes the mechanics need to drive them to see whats wrong etc....so they put an out of service sticker on them"

Just checking up to this thread and this was from a couple pages ago but I can vouch for the above. My city radio shop is in a separate building from our fleet maintenance and there have been many times when I have had to drive squad cars to and from
our shop to fleet for one reason or another. Since we are so close I have never had to do the above but there are times when
fleet folks have to do it to keep citizens from flagging them down

I get enough weird looks when I am driving a squad car in civilian clothes
"What is that young cat doing driving a PD Squad?"

Though I do have an official PD ID that gets me into the PD through the employee entrance without going through the metal detectors. Mainly so I can access 911 for repairs/service.

9/26/2012 6:10:28 PM

Have you seen the State v. Sowards case? Do you have an opinion on the tactics used in that case or whether you agree with the trial court?

[Edited on September 28, 2012 at 9:21 AM. Reason : http://www.kurtzandblum.com/dwi-attorneys/blog/best-criminal-defense-opinion-ever]

9/28/2012 9:11:32 AM

^^ I just learned a lot about your personality

9/28/2012 9:18:36 AM

^^ haha I hadn't ever seen that before... definitely a good read

but troubling that some LEOs dont know how many inches are in a yard

9/28/2012 10:30:03 AM

It depends on the yardstick!

And Restricted, I know you know how many feet there are in a yard.

9/28/2012 10:42:17 AM

What is the best excuse you have heard to get out of a ticket? And did you still write the ticket?

9/28/2012 10:55:57 AM

hahah, they cited a youtube video. awesome.

9/28/2012 11:03:54 AM

2 quick questions for either the cop or the lawyer (or both)...

Guy I know (no, really), was pulled over for suspicion of DUI. Got out, was given the sobriety tests, did not perform to the satisfaction of the detaining officer. Person was given a breathalyzer, registered 0.079 (no, really). Officer had person repeat sobriety tests, person did not perform to the satisfaction of the detaining officer and was breathalyzed again - this time hit 0.080, was arrested and the rest is history.

In my interpretation of the law (and I'm a brilliant guy), the person complied with the officer's requests and refusal of the breathalyzer the second time around would not have resulted in suspension of license. After all, you complied to within a reasonable expectation that the law would want you to (i.e. how many times must I be breathalyzed in order to prove that I was intoxicated, can you just make me blow into a tube indefinitely?) I don't defend the guy one way or the other, people that drive while drunk are dicks.

Second question is easier, and I've asked multiple lawyers and no one has given me a straight answer. Under what circumstances must I provide an officer with ID if I am being detained in suspicion of a crime.

My understanding (and again, I'm a brilliant guy) is that if you are being detained 1) while driving or 2) while in possession of alcohol or 3) stuff involving immigration that I don't want to get into (e.g. ICE), you must provide identification. Otherwise, isn't it sorta fascist to demand that everyone carry their papers at all times?

The answer I get from lawyers is, "Just make it easier on yourself and provide your ID." I find this answer to be unacceptable, and respectfully request a specific answer (citing legal statute/case law if appropriate).

9/28/2012 5:04:08 PM

They could have arrested him at .079 and am guessing probably would have

9/28/2012 5:07:09 PM

Quote :

"Have you seen the State v. Sowards case? Do you have an opinion on the tactics used in that case or whether you agree with the trial court?"

Yes, I agree with trial court based on the officers testimony. This a prime example of an uneducated dolt whose ignorance has managed to create bad case law. Though I think the court just called him measurement challenged.

In United States v. Mubdi, the court upheld visual estimation without corroboration.

Quote :

" Guy I know (no, really), was pulled over for suspicion of DUI. Got out, was given the sobriety tests, did not perform to the satisfaction of the detaining officer. Person was given a breathalyzer, registered 0.079 (no, really). Officer had person repeat sobriety tests, person did not perform to the satisfaction of the detaining officer and was breathalyzed again - this time hit 0.080, was arrested and the rest is history. In my interpretation of the law (and I'm a brilliant guy), the person complied with the officer's requests and refusal of the breathalyzer the second time around would not have resulted in suspension of license. After all, you complied to within a reasonable expectation that the law would want you to (i.e. how many times must I be breathalyzed in order to prove that I was intoxicated, can you just make me blow into a tube indefinitely?) I don't defend the guy one way or the other, people that drive while drunk are dicks."

Did this happen in NC, because this State truncates breath test results? I'm not sure if you are referring to an Alcohol Screen Test Device (PBT, Alco-Sensor, etc) or the Intox EC IR II ( Intoxilyzer or breathalyzer, both which are brand names, like Band-Aid). You can't ask someone to submit to the latter unless they have been charged, so I assume you are talking about an ASTD.

As far as an ASTD, you can refuse to give a sample(s) w/out consequence. If you give a sample and it's over a 0.08, you [the officer] are required to ask for another sample. While the number the ASTD records is not admissible in court, the fact that the screening device was positive or negative for alcohol or the fact that your refused can be used against you.

As far as the Intox EC IR II, if you provide one sample, you must provide a second. This is to your [the defendant's] benefit as the sequential samples must been with in 0.02 of each. This is a safeguard against mouth alcohol content. If you refuse to provide a second sample, you are a willful refusal. This is bad because A) The officer now has a sample that can be used against you in court and B) you just got your license revoked for 13 months.

Quote :

"Second question is easier, and I've asked multiple lawyers and no one has given me a straight answer. Under what circumstances must I provide an officer with ID if I am being detained in suspicion of a crime. My understanding (and again, I'm a brilliant guy) is that if you are being detained 1) while driving or 2) while in possession of alcohol or 3) stuff involving immigration that I don't want to get into (e.g. ICE), you must provide identification."

The only statutorily required situation where you are required to produce identification to a law enforcement officer is when you are operating or in control of a vehicle.

Not giving your name during a law detention could prolong the detention to confirm or dispel suspicion but it most likely does not constitute a charge of resist, delay, obstruct as you are not required (unless as stated above) to produce identification.

Now if probable cause exists, the court has the right to know who you are so you can be processed. If you really want to go the distance, you can be put in jail under a bond that requires you to produce a valid form of identification, fingerprints, etc.

Here is a decent list of scenarios put out by Durham?!

http://dpdmdc.com/pdf/failuretoproduceID.pdf

Quote :

" Otherwise, isn't it sorta fascist to demand that everyone carry their papers at all times?"

Keep that in TSB

9/29/2012 12:46:55 AM

Do you watch Campus PD? It always on my DVR, and it is so much more relevant to my life than cops.

9/29/2012 11:43:31 AM

Nope, I tend to shy away from anything law enforcement related when I'm outside of work.

9/29/2012 12:29:19 PM

i got a ticket for forgetting to renew my registration : /

what times can i go to the wake county courthouse during the week to try to get them to drop it? or do i have to stick to the court date?

10/6/2012 11:54:14 AM

I got arrested two days on an open warrant for RDO from 2007. I thought it was just something that popped up from the deep n dark filing cabinet that I forgot about, but I went from Wilmington to Raleigh, and got an unsecured bond. So.. it wasn't an FTA. That leaves me confused. I thought an RDO was an on-the-spot kind of thing.

Like a cop had stopped me one night, but was too tired and let me go, but then filed an arrest warrant for RDO the next day?

(also I have been arrested many times in Wake since '07 so it's even more confusing how that never popped up before, and I live in SC now, so that makes the unsecured bond confusing too)

[Edited on October 6, 2012 at 2:37 PM. Reason : snawf]

10/6/2012 2:36:04 PM

what is RDO and what are you doing wrong in your life that keeps getting you arrested?

10/6/2012 2:38:44 PM

Well, you certainly sound like a winner.

I'm sure over the many, many times you are in court over the course of the next decade you'll be able to get an answer.

10/6/2012 2:39:19 PM

google does not help decipher what an RDO is

10/6/2012 2:42:30 PM

resist, delay, obstruct?

10/6/2012 2:43:15 PM

Really dumb oxygen waster?

10/6/2012 6:38:01 PM

What are ya'll's favorite Arnold Schwarzenegger movies

10/6/2012 6:40:00 PM

Quote :

"google does not help decipher what an RDO is"

...
https://www.google.com/search?q=rdo+crime
https://www.google.com/search?q=rdo+charge
https://www.google.com/search?q=rdo+arrest

Quote :

"what were* you doing wrong in your life that kept* getting you arrested?"

alcohol and xanax

Quote :

"I'm sure over the many, many times you are in court over the course of the next decade you'll be able to get an answer."

Flawed logic.

10/7/2012 9:15:49 PM

What is the fastest and slowest (both in terms of absolute speed and relative speed over the limit) car you pulled over for speeding?

Is there any legal protection for someone who runs a red light because it is malfunctioning/never turns green?

Is it specifically illegal to utilize a temporary lane to pass cars in front of you?
Take for example a 1/2 mile lane used for merging/exit on a highway thats jammed up and you get into it to get ahead of a few cars right before the exit.
Another example would be a signaled intersection with a straight lane and a right turn only lane, someone uses the right turn only lane to get ahead of several cars and then merges into the straight lane at the last minute before the intersection.

How many cars are allowed to make a left turn at a light as the light turns red but you got into the intersection during the green phase?


[Edited on October 7, 2012 at 9:34 PM. Reason : more q's]

10/7/2012 9:23:02 PM

Quote :

"what times can i go to the wake county courthouse during the week to try to get them to drop it? or do i have to stick to the court date?"

Depends on the court; I don't work in Wake County.

Quote :

"I got arrested two days on an open warrant for RDO from 2007. I thought it was just something that popped up from the deep n dark filing cabinet that I forgot about, but I went from Wilmington to Raleigh, and got an unsecured bond. So.. it wasn't an FTA. That leaves me confused. I thought an RDO was an on-the-spot kind of thing. Like a cop had stopped me one night, but was too tired and let me go, but then filed an arrest warrant for RDO the next day? (also I have been arrested many times in Wake since '07 so it's even more confusing how that never popped up before, and I live in SC now, so that makes the unsecured bond confusing too)"

You sure it wasn't a FTA? While the law or some policy from AOC says it needs to be $500, I've seen ones were judges left the bond up to the magistrate. If you got arrested in Wilmington and then hauled off to Raleigh, it was most likely FTA or you got a secured bond and didn't make bail before court.

Getting an RDO warrant happens all the time. For example, someone you know jumps and runs from the a traffic stop and you don't find them.

The warrant might not have been in NCAWARE (an online warrant repository) yet when you had previously been arrested.

Quote :

"What is the fastest and slowest (both in terms of absolute speed and relative speed over the limit) car you pulled over for speeding?"

Fastest has been 102/45, the slowest? I don't know; 5 mph?

Quote :

"Is there any legal protection for someone who runs a red light because it is malfunctioning/never turns green?"

G.S. 20-158(b)(6)

When a traffic signal is not illuminated due to a power outage or other malfunction, vehicles shall approach the intersection and proceed through the intersection as though such intersection is controlled by a stop sign on all approaches to the intersection. This subdivision shall not apply if the movement of traffic at the intersection is being directed by a law enforcement officer, another authorized person, or another type of traffic control device.

Quote :

"Is it specifically illegal to utilize a temporary lane to pass cars in front of you?..."

Not that I'm aware of. Passing on the right is governed by N.C.G.S. 20-150.1

Quote :

"How many cars are allowed to make a left turn at a light as the light turns red but you got into the intersection during the green phase?"

Rule of thumb is that if you are in the intersection or over the stop bar, you are good. But be forewarned it is illegal to enter an intersection with a green or yellow light without due caution.

10/7/2012 10:31:42 PM

Since this thread primarily relates to me and I don't want to bore TWW w/ a new thread, I will use this one to boast about the job offer I received today!

[Edited on October 12, 2012 at 12:06 PM. Reason : How many times can I use since in a sentence ]

10/12/2012 12:05:30 PM

Nice! Details?

10/12/2012 12:08:00 PM

Its a small boutique law enforcement agency w/ the State (not the ALE). Soft clothes, bankers hours, take home ride, pay is about on-par w/ what I make now. They offered me two different locations GSO or CLT.

10/12/2012 12:11:39 PM

boutique law enforcement sounds so hipster

jk, way to go

10/12/2012 12:13:34 PM

Boutique Law Enforcement





GIS "gay cop" at work wasn't a good idea

10/12/2012 12:41:12 PM

I went to high school with Restricted. He's a good guy.

Funny how he grew up to be a cop, and I became a teacher, because we were both shitheads to teachers and cops back in the day...

10/12/2012 12:53:11 PM

Go Rams!

10/12/2012 12:57:31 PM

Weavs and Charlie Peru

never forget!

10/12/2012 1:06:52 PM

Question:
I live off Ridge Road in Raleigh. Three or four times each year on Ridge Road there are cop cars every 50-100yds all the way from Wade to the Beltline stopped in the bike lane with at least 2-3 people in each car. What'cha doing? Inquiring minds want to know.

10/12/2012 1:33:29 PM

Quote :

"Weavs and Charlie Peru never forget!"

Lulz. I pondered posting a Charlie Peru reference on your wall after you threw up that new profile pic.

Quote :

"Go Rams!"

Its a small world: UJustWait84 and I went to HS and I work with another wolfwebber right now.

Quote :

"I live off Ridge Road in Raleigh. Three or four times each year on Ridge Road there are cop cars every 50-100yds all the way from Wade to the Beltline stopped in the bike lane with at least 2-3 people in each car. What'cha doing? Inquiring minds want to know."

Don't know. I don't work in Raleigh and/or the Triangle.

10/12/2012 1:40:43 PM

So here's one that I come upon almost daily in my new neighborhood in Richmond. (Answer as if it were applicable in your jurisdiction, I know no one on here is a Virginia LEO).

I am on a divided street with a broad median (probably 20-30 feet wide). I wish to turn left onto a cross street with standard two-way traffic. As my light is green, I begin my left turn, but must stop within the confines of the median since traffic on the other side of the divided street is heavy. While "my" light remains green, I am now effectively lined up with the cross street facing a red light. May I proceed (completing my left turn) at the first safe break in traffic, or must I wait for the light I am facing to turn green?

Or do I have the whole thing wrong, and must wait for traffic to be clear on the other side of the divided street before beginning my left turn, as one would on a road with no median or a narrow one? (This is not practical on Monument Ave. in Richmond at rush hour, btw. Nor is it particularly safe given the width of the median and the presence of trees. However, the law may take into account neither of those.)

10/12/2012 7:31:39 PM

If you are making a left hand turn with a green light in your direction (meaning the lane you are turning from) you can go but must yield the right-of-way to traffic to on-coming traffic.

I hope I read that correctly, but I'm in the car and tired.

10/13/2012 1:03:08 AM

Quote :

"What are ya'll's favorite Arnold Schwarzenegger movies"

or do questions in this thread HAVE to pertain to obscure ordinances

10/13/2012 1:29:19 AM

is reading someones plates and finding a girl/guy owner but the person driving is of opposite sex, would you pull them over in suspicion of a stolen vehicle?

10/13/2012 1:58:53 AM

Quote :

"What are ya'll's favorite Arnold Schwarzenegger movies"

True Lies.

Quote :

"is reading someones plates and finding a girl/guy owner but the person driving is of opposite sex, would you pull them over in suspicion of a stolen vehicle?"

No. That is not even close to reasonable suspicion.

10/13/2012 8:24:35 AM

Quote :

"Question: I live off Ridge Road in Raleigh. Three or four times each year on Ridge Road there are cop cars every 50-100yds all the way from Wade to the Beltline stopped in the bike lane with at least 2-3 people in each car. What'cha doing? Inquiring minds want to know."

Radar training.

10/13/2012 11:54:11 AM

Can you ticket people who stop for a bus when in the opposite direction of a 4 lane road with center lane. I get stuck behind these idiots almost daily on the way to work.

10/13/2012 12:01:58 PM

Nope. I hate it too and I will drive by and people give me looks.

10/13/2012 3:18:18 PM

do you watch cop shows? I dont but I've found that alaska state troopers is really enjoyable

10/13/2012 8:05:12 PM

Have you seen Rookies?
http://en.wikipedia.org/wiki/Rookies_(TV_series)

It seemed like a lot more real life than COPS, showed more of the boring parts of the job. It followed various recruits with their FTO through their first weeks-year on the job and a lot of them quit because they couldn't do it.

10/13/2012 8:09:19 PM

Quote :

"do you watch cop shows? I dont but I've found that alaska state troopers is really enjoyable"

I will but don't go out of my way. AST gets really boring after awhile; takeaway the snow and the wildlife and just like any other police job.

Quote :

"Have you seen Rookies?"

Yes. I believe one of the rookies featured on the show got, got, shortly after being released.

10/13/2012 8:22:22 PM

I think thats really the only reason I like it, snow and wildlife

10/13/2012 8:24:10 PM

Quote :

"Nope. I hate it too and I will drive by and people give me looks."

Can you pass them in the center lane if its a 5 lane road with center lane? Or do you just have to be stuck behind them. If Im on a motorcycle can I pass them all while they are stopped and being retarded since they are impeding the flow of traffic with no legal cause too?

10/13/2012 8:25:11 PM

Quote :

"Can you pass them in the center lane if its a 5 lane road with center lane? Or do you just have to be stuck behind them. If Im on a motorcycle can I pass them all while they are stopped and being retarded since they are impeding the flow of traffic with no legal cause too?"

No and no.

10/13/2012 8:36:25 PM

why do cops speed so much? with the price of gas and budgets being the way there are you'd stand to save some $ by doing the speed limit.... it also sets a bad example.

10/13/2012 8:40:32 PM

Places to go and people to see - its that simple. While there are some who speed no matter what - which I don't condone - sometime you need to be in 3 places at once or get there in hurry without using your lights and siren.

During the night, I might travel a little faster just trying to find signs of life.

Also, I think sometimes cops speeding can be an allusion. For example, I have to travel a good sized interstate to and from work. When I get on there, people will go like 5-6 under the speed limit and I will do about 6-7 over. Thus, creating the allusion that I'm plowing by.

10/13/2012 8:57:15 PM