A Cop pulled me over for having teenagers in my truck
Driving home from the park (4 miles at 35mph or less) a cop pulled me over for having 4 teenagers sitting against the cab of my truck.
She didn't even ask how old the kids were, just told them to get out and start walking.
Apparently there is a law that "children" under 16 can not ride in a vehicle without a seatbelt.
When the cop came back to give me my ticket I informed her that she had failed to ask myself or the kids how old they were. Before I could sign my ticket, she pulled it away and tried to force me to confess their ages. I looked at her, smiled and said, "it is too late, you should have asked earlier, now may I please sign my ticket" she tried to push me.... I said "ma'am, did I do something to prevent me from signing my ticket?" she hesitated... how old are they? I replied, "ma'am, if you won't let me sign my ticket I will have to call your superiors" She gave me the pen and ticket and spouted off some remark about how she would note my behavior in the police report.
So... I need opinions... Can I get the city attorney to drop the case if I act nice and humble and ask nicely.... what if they won't drop it... do I fight all they way to suing the city at the state level?
This could be fun. What do you think.





















Let me see if I've got this straight...
The cop doesn't ask the kids their names or ages but tells them to get out and start walking. This is BEFORE she talks to you, the driver.
What did the kids do then? Did they have to walk home? I don't care if it was a block or a mile or more. What was the traffic condition of the street they had to walk on? Could it be said that SHE was endangering the kids by forcing them to walk home? She apparently had no idea how far they had to go yet. What if they were 10 miles from home? If it was very hot were they in danger of heat stroke? Do any of the kids have health problems that would make a long walk dangerous? (Diabetes, asthma, etc.) And what did you do? Did you follow the kids home with them walking and you driving the truck?
Did the cop follow them home to see that they got home safely?
There was a time in this country, before seatbelts, when people would pile a bunch of kids in the back of a pickup and go. Nobody complained, nobody tattled, and if you met a cop on the way they would just wave and go on. Heck, I remember biking and skating without helmets, kneepads and gloves! Occasionally someone got hurt but we got up and did it again--and we learned.
As for your having fun with this....
I guess that depends on how much time, effort and money you are willing to spend on it. It will certainly be a learning experience and I hope you let us know how it goes.
On a side note
In Contra Costa County, California (and probably others) it's illegal to have a dog loose in the back of your pickup truck.
One of the reasons is that too many were being bounced or ejected into traffic. Not only was this a danger to vehicles and pedestrians nearby, but the dogs didn't always survive.
Personally, I would not tie them by the neck, either, although it's safer for others in the area. Probably a dog crate is safest for the dog.
Teenagers sitting down in the bed (not on the sides) have a lower center of gravity than a dog, but the laws of physics are still hard to ignore.
If someone crossed the divider and hit you head-on, the sudden stop could really knock heads against the cab. If someone rear-ended you at a high rate of speed, the kids might land on his hood or windshield before falling off into the street.
I'm not saying we don't have a right to take risks, because of course we do. But if I were selling you insurance, I'd charge you a higher rate.
IMissLiberty
IMissLiberty
I'm not sure
I'm not sure how the officer was able to determine the ages of the people in the car from a distance. I personally think seatbelt laws are unjust anyway. I own me and I decide whether or not to wear safety equipment when I do anything. This nanny state crap has to stop.
Is life so dear, or peace so sweet, as to be purchased at the price of seatbelts, chains and slavery? Forbid it, Almighty God! I know not what course others may take; but as for me, give me liberty, or give me death!
"It is the responsibility of the patriot to protect his country from its government."
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bump
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Hope it is FUN
Don't have any info for you, but like what you did. Good luck and have fun
Thanks for all the great replies
I see that most here are lovers of freedom. I definitely want to get this thing dropped but am willing to go as far as I can push and am willing to face the maximum fines just to have some fun and get educated. It is a small matter.. I might as well learn as much as possible. Education is never free... and I am willing to pay the price. please continue to post.
The Revolution Continues at http://nationbuilder.org
What you can do?
The choice: Maybe your right on principle but was the officer doing her sworn duty to serve and protect? Using the word "apparently" indicates that you did not know the law until after the incident. The initial non-harassing nature of the "go on, get out of here" response of the cop should have been enough, but you goaded her and brought on what could have developed into an entirely different situation, one which would have had you asking an entirely different question of us tonight.....
The question that would have been a better fit would be "Are you even aware if those are my children or not" assuming(and you know what that does) that type of exchange went on and all the bases were covered I am afraid that you are just gonna bite the big one on this. Just pay the ticket. This is not one of those kinda battles.
The consequence: you gotta roll around in your head a whole host of what if's and when's tonight, tomorrow and all the way foward into your future until the case is closed
my moral opinion-you are responsible for knowing the law in your community. You are responsible for the passengers in your car. You are responsible for yours and other's children while in your presence and primarily responsible for their saftey, that of which was the officer's primary concerns and reasons for pulling you over. You must have needed a reminder or "notification" of the law and it looks like your real clear on it now.
consequence for other's: so you sue the city and what happens to your neighbor's, their taxes? How is it your paid in a suit like that? Careless, non-accountable people cause alot of damage for our society, don't be one of them.
"Ideas have consequences." Ron Paul
"...the most memorable concern of mankind
is the guts it takes to
face the sunlight again."-Charles Bukowski
Were the kids under 16?
If you were breaking the law, man up to it. You wish to punish this cop because she made an assumption that was true. Sure, she should have asked their ages before ticketing you, but you still broke the law. Freedom is not the right to ignore laws. Your constitutional rights were not violated. The idea that refusing to identify yourself in a court of law as a way to beat the charge is just stupid.
Free and Brave
or Cradle to Grave
You can't have both
Free and Brave
or Cradle to Grave
You can't have both
lame
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So Dixon Head.
When they make a law saying you can no longer own a firearm, what will your response be then. Will you fess up to breaking the law...?
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agreed
it is easy to see who the nanny state lovers are on this forum
The Revolution Continues at http://nationbuilder.org
Fun??? No.
The rest of it is a possibility.
Do this:
When they call your name, say you are here about that matter. Do not give your name. They will ask you for your name and you will say: "I am not the accuser". they will act confused and the Judge may insist you state your name. But again you will say: "I am not the accuser". The reason for this answer is that if you give your name you are identifying yourself to the prosecutor (testifying against yourself) to the court. At some point the judge will threaten you with contempt of court and to put you in a cell. At that point you say this: In that case, let it be known for the record that I am giving my name under threat and coersion without granting jurisdiction and without prejudice. Now the Judge will know that what you say is not admisable and can't be used against you. You see at this point you have not granted jurisdiction. You grant jurisdiction when you enter a plea (surrender to the jurisdiction). The 5th amendment says that any evidence you are compelled to give can not be used against you.
The worst that will happen is that you will be found guilty but the verdict will be thrown when you appeal. That is it!
I would not have signed that ticket.
how old are the kids?
how old are the kids?
“A prudent man foreseeth the evil, and hideth himself: but the simple pass on, and are punished.” (Prov. 22:3; 27:12 KJV)
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ignore the negitive posters.
ignore the negitive posters. I think you should fight this and ask for a jury trial. I want you to do this for 2 reasons.
1.) make them pay for harrassing you, you were minding your own buisness and they made the intrusion
2.) you will learn a ton.
The arrogance of government is what gets to me, especially the police, they are our employees, not superiors-you need to learn this and talk to them as an authority. Police use the fact that most citizens are totally nieve against them, however if you go to a jury trial and get her on the stand and put her on the hot seat-they really squirm because thye have to answer to a jury.
Make sure your facts are solid and fight. Then document it and strategise and post your thoughts on this blog and you will get a lot of good advise, there are some sharp cookies that post here.
good luck
A man got Arrested for shooting his lawnmower!
I think it was Boise news, his mower wouldn't start, so he got his gun and shot it a few times. He said it was in his own back yard, and his own mower, he could shoot it if he wanted to! I think he was charged with disorderly conduct? Apparently it wasn't against the law to discharge a firearm where he lived or I am sure they would have charged him with that and took his gun.
Unless he was endangering someone else, I just don't get why a cop wouldn't just laugh and leave!
you should have just kept
you should have just kept your mouth shut.
You should have
kept your fingers off the keyboard.
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"Courage is not the absence of fear, but rather the judgment that something else is more important than fear."
~Ambrose Redmoon
What he said!
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fight it....
do not subjugate yourself to the bureaucrats, give them the biggest headache possible!!!!
The officer has no knowledge
The officer has no knowledge of any of the kids being younger than 16, so it should be easy enough for you to win in traffic court.
Just remember that you have the right not to incriminate yourself, in case they start asking you questions.
...
Were the kids 16?
If so do'nt argue too much. But then again how can they prove their ages if you did not tell and she did not get all of thier names and a statement. It should be dismissed if they were 16 or if you lie. (I'm not recommending that) Wonder what the consequences are if you are guilty?
The officer has the
The officer has the obligation to prove guilt, not cam.shane. If the officer does not know the ages of the children then she has no proof. More than likely the officer also did not have the names of the kids, either - so how could she prove who was in the vehicle?
cam.shane has the right to not incriminate himself, so they really cannot ask him to do so...
...
All you did was embarrass the
cop. You are right, she should have checked their ages but I also see it as a safety issue. Two wrongs never make a right.
Ask yourself, "what lesson did I learn from this?" We cannot make every incident an issue.
Most accidents happen within 25 miles of our homes.
Expect to be found guilty
in the city court. Don't even waste money on an attorney. Then appeal it. You should make out ok in the appeal.
Another angle you could try is, demand a jury trial, which you have a right to. They'll be more likely to dismiss it before it goes to trial in order to avoid all that hassle and expense.
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Don't blame me if there's no voice for liberty opposing McCain and Obama in the Presidential debates. I donated to Bob Barr's campaign.
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Don't blame me if there's no voice for liberty opposing McCain and Obama in the Presidential debates. I donated to Ron Paul Libertarian, Bob Barr's campaign.