I need some sympathy

Mandy-Jane · Dec 17, 2006

Yesterday I decided to go and see a movie. On the way back, the police are doing random breath testing. No worries; I haven't been drinking (let me tell you, I have since then!). So they breathalyse me, and then they say "is your car currently registered?" Uh-oh, I forgot about that. It seems we forgot to pass on our change of address to everybody when we moved. So I'm forgetful - since when is that a crime? "Can I see your license?" he says. I hand it over and off he goes back to his car. After what seemed like about an hour, in a hot car, with a constant stream of filthy little flies coming in and landing on me, he comes back and says "Unfortunately, I'm going to have to book you." Oh great! Thanks! So he hands me a ticket for five-hundred-and-thirty-flippin'-dollars! So now, I have to pay that ticket, my registration and my husband's registration (cos' yes, his was out of date too). Worse still, his is way out of date, so it's not just a case of paying the registration. No, his has to be re-registered, and have a roadworthy certificate!

Oh my God. I wish I'd never gone to see that stupid movie. It wasn't even that good!

Now I know this is my fault. I should have paid the registration on time; I should have remembered about our change of address; I should have done a lot of things. But I didn't. And now I've got to pay obscenely huge amounts of money, and I'm angry. So please tell me you feel sorry for me and you think I'm a really nice person.

(oh and any spare monetary donations would be most welcomed.)

jbal · Dec 17, 2006

Sorry to hear it. I get pulled over once a week, I've started budgeting for the tickets now.

:Hug2:

TrainofThought · Dec 17, 2006

I feel sorry for you and I think you are a really nice person. Sorry to hear about the tickets.

Little Red Barn · Dec 17, 2006

So sorry Mandy-Jane...wish he would have given you a Christmas present and let you off with a warning :Hug2:

Bmwhtly · Dec 17, 2006

Mandy-Jane said:
So please tell me you feel sorry for me

I do.

MandyJane said:
and you think I'm a really nice person.

I've never seen any evidence to the contrary.

MJ said:
(oh and any spare monetary donations would be most welcomed.)

Although I feel obliged to point out that if they didn't charge obscene amounts of money, no-one would bother about doing things right.
Hey, someone was gonna say it

aliajohnson · Dec 17, 2006

I am so, so sorry. :Hug2:

Also, here is a cookie. :e2cookie:

That's just rotten luck.

And since you didn't even attempt to slide the blame elsewhere, I'd have to say you are a good person.

alleycat · Dec 17, 2006

Happens to everyone.

I once started a business. I filed all the legal paperwork, etc. But, as it happened, I decide to pursue something else. Since I never opened for business, I forgot all about it. Well, until I get this little letter from the local govenment . . . saying they were going to issue a bench warrant for overdue past taxes. Taxes? Taxes on what? It took a trip downtown, a nice little check, and a lecture from a grumpy government clerk to clear everything up. Never, ever mess with a government about taxes. Kill some people, shoot up a bar, do whatever . . . but don't fail to pay a fee or license. Remember that didn't get Al Capone for being a gangster, they got him for tax evasion.

;-)

tourdeforce · Dec 17, 2006

Cops are not allowed to do random breathalyzer tests.

They can run a sobriety check point in which they momentarily stop you and ask if you have had anything to drink. If they see any probable cause, then they can investigate further. But the encounter should last a few seconds.

ModoReese · Dec 17, 2006

That sucks - this close to the holidays you wish they'd be a little more generous about simple forgetfulness over a change of address. :-(

I appreciate all our cops do - especially the checkstops this time of year! - but sometimes a warning carries even more weight than a ticket.

:e2arms:

Michelle

Susie · Dec 17, 2006

Mandy-Jane, I'm really sorry for your troubles and hope that things work out ok. That's very rough, specially this time of year. You are a very nice person.

JDCrayne · Dec 17, 2006

Oh gosh, that's really too bad! That's an absolutely obscene amount of money to pay for an expired registration.

Silver King · Dec 17, 2006

tourdeforce said:
Cops are not allowed to do random breathalyzer tests.

They can run a sobriety check point in which they momentarily stop you and ask if you have had anything to drink. If they see any probable cause, then they can investigate further.

Which means a breathalyzer test. Sorry, tour, but I can't see the distinction.

And where I live, if you don't comply, you'll lose your license for a year, merely for NOT taking the test.

tourdeforce · Dec 17, 2006

Silver King said:
Which means a breathalyzer test. Sorry, tour, but I can't see the distinction.

And where I live, if you don't comply, you'll lose your license for a year, merely for NOT taking the test.

The distinction is that they needed to have reasonable cause to believe she was drunk in order to advance the situation to a field sobriety test.

The police cannot demand random breathalyzer tests.

You would not lose your license under such a circumstance as a test without any reasonable cause. The police should have a hell of a lot of explaining to do for making the demand of compliance.

Know your rights.

Silver King · Dec 17, 2006

Where do you live, tour?

In Florida, they set up road blocks where every car is stopped and every driver "evaluated." Probable cause for a road side test consists of as little as "blood shot eyes."

I know my rights. They consist of, "I don't have to blow." Then you're charged with DUI, taken to jail, and you lose your license for a year for not complying with a breath test. Even if you're found innocent of the charges, you won't get your license back until the year is up.

Guess how I know this to be true?

tourdeforce · Dec 17, 2006

Silver King said:
Where do you live, tour?

New York City

Silver King said:
In Florida, they set up road blocks where every car is stopped and every driver "evaluated." Probable cause for a road side test consists of as little as "blood shot eyes."

"... as little as blood shot eyes" is not legitimate probable cause barring any other factor. Regardless, it may very well be how FL police operate. Wouldn't be the first time police pushed the boundaries by violating rights until a court stops them.

Silver King said:
I know my rights. They consist of, "I don't have to blow." Then you're charged with DUI, taken to jail, and you lose your license for a year for not complying with a breath test. Even if you're found innocent of the charges, you won't get your license back until the year is up.

If it is determined that there was no probable cause, the test was illegal and the whole case would be thrown out.

Silver King said:
Guess how I know this to be true?

You're a cop? A judge? A convicted drunk driver?

Silver King · Dec 17, 2006

tourdeforce said:
"... as little as blood shot eyes" is not legitimate probable cause barring any other factor.

I'm just wondering how you came to that conclusion, like whether you've studied case law and such.

If it is determined that there was no probable cause, the test was illegal and the whole case would be thrown out.

It wasn't.

tourdeforce said:
A convicted drunk driver?

No, I was found innocent.

CBeasy · Dec 17, 2006

I'm so sorry! I really dislike cops, especially ones who are just looking for new avenues for revenue. In FL (where I live) the DOC is one of the most profitable corporations in the state, which IMO is sad. If I were you, I would get a traffic lawyer and see if you can't contest the tickets due to the random nature of the stop. In the end, it might cost a similiar amount of money, but at least it will clear your driving record. Also, some lawyers will allow you to pay via a payment plan of some sort.

Little Red Barn · Dec 17, 2006

tourdeforce said:
The distinction is that they needed to have reasonable cause to believe she was drunk in order to advance the situation to a field sobriety test.

The police cannot demand random breathalyzer tests.

You would not lose your license under such a circumstance as a test without any reasonable cause. The police should have a hell of a lot of explaining to do for making the demand of compliance.

Know your rights.

Tour

Where on this earth do you live?
takes a simple court order 15 min to have judge sign and theyll slap your butt down and draw that blood...
... as Silver says you loose your license for a year for non compliance in the beginning, should they find you drunk.
Those police are not thinking of you so much as the innocents on the road should you be drunk.
One more thing, police do not make laws, they serve and protect by enforcing laws made by legislature...all for your good.

Sorry again Mandy-Jane, wish you hadn't gotten that tix.

tourdeforce · Dec 17, 2006

In the context of a legitimate stop, compliance with a breathalyzer is required by law.

However, nowhere in America is it legal to have a random stop breathalyzer test.

The police simply cannot do this.

If you actually give the cops reasonable cause, that's your problem.

But if the cops are doing it out of the blue, then they are vioalting the law.

Little Red Barn · Dec 17, 2006

CBeasy said:
I'm so sorry! I really dislike cops, especially ones who are just looking for new avenues for revenue. In FL (where I live) the DOC is one of the most profitable corporations in the state, which IMO is sad. If I were you, I would get a traffic lawyer and see if you can't contest the tickets due to the random nature of the stop. In the end, it might cost a similiar amount of money, but at least it will clear your driving record. Also, some lawyers will allow you to pay via a payment plan of some sort.

but you are usually the type that yells the loudest when you need them!

Silver King · Dec 17, 2006

tourdeforce said:
But if the cops are doing it out of the blue, then they are vioalting the law.

I'd love to hear which laws are being violated. Given a tour-de-speak, they'd be Federal Laws, but I'm still at a loss to find where these violations are taking place.

Please enlighten.

Mandy-Jane · Dec 17, 2006

How different things are in different countries. In Australia (where I am) cops can set up a random breath test anywhere they like, and you have to submit to it. They come down very very hard on drink drivers here. But get this, the cop who booked me actually said "this is the offence of the month. Our boss told us to come down hard on unregistered vehicles." Offence of the month? What is the world coming to? I could not believe it.
CBeasy, like you, I hate it when they try and raise revenue this way. (Guess they've gotta get the money for their christmas break up somewhere?) Nothing will help me because they can randomly stop whoever they like, wherever they like. I just have to wear it. He did say they could organise a payment plan for me though. I'm just gonna' pay it and get it over with.
Thanks everyone. I feel much better now.

tourdeforce · Dec 17, 2006

What law?

The most basic protection against unreasonable search and seizure guaranteed by the Constitution.

Silver King · Dec 17, 2006

tourdeforce said:
The most basic protection against unreasonable search and seizure guaranteed by the Constitution.

Oh, okay. I feel better now.

Thanks.

tourdeforce · Dec 17, 2006

Silver King said:
Oh, okay. I feel better now.

Thanks.

If you lost your license over this and you weren't even drinking, then you had a crappy lawyer.

If you were drinking or gave some reason for probable cause, then you should have complied.

I need some sympathy

venturing ever further into the unknown

A flowering bud of bitchiness

haz own threads

Yes, I'm back.

Still around

Bang head here for service

Thanks, special friend for my avi!

Indonesian Yak Keeper

Megalops Erectus

Megalops Erectus

Megalops Erectus

I'm back baby!

haz own threads

haz own threads

Megalops Erectus

venturing ever further into the unknown

Megalops Erectus