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Chris Smith 8

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Sometimes Lawyers get it right:



This is a truly satisfying story



A quick narrative. I always wanted a hopped up muscle car when I was younger. I couldn't afford one. Now I can, and I have one. It is a '70 Mustang, and her name is Bessie. Bessie is the prototypical juvenile, male-caveman, scratch your crotch and drink cheap beer car. Chromed engine, dual exhaust, 250 horsepower, big tires, tra la la la.



I'm driving Bessie on Beach Boulevard behind an ancient guy in a beat up truck. He decides to turn in front of me without a blinker. I accelerate to swerve and avoid him, and this assh*le, over aerobicized woman jumps in front of my car with her hand up.



Meet Ethel, the neighborhood busybody/nuisance. She proceeds to yell in my window, "Hey, slow down you %$&#@ idiot." I'm a well-bred, mellow guy by nature, so I ignore this. As I drive away, she yells, "asshole" at me again. Twice? *&%$# that. I turn around and drive up next to her.



"Do you have a problem?" I ask.



"Yeah, why are you driving like an idiot?"



"I was driving like an idiot? How, exactly?"



"You were speeding. I watched you." "You were? I see. How did you measure my speed?" (Ever the interrogator, I am.)



"I heard you."



"So, you measured my speed by ear?"



"I can hear."



"How fast did you HEAR me going?"



"Look," she says, "I don't have to take this. Here comes a cop. I'll wave him down."



THE POLICE? This woman is a trip. She waves him down, and proceeds to tell him that she observed me speeding.



"What happened?" he asks. I told him the story, and told him that I accelerated to an indicated 30 mph (the speed limit is 50) to avoid a collision.



"Are those mufflers legal?" Ethel asks.



She's pushing it. I reply, "I have a C.A.R.B. exemption for them." I give the paperwork to the cop.



She tries to find another thing to screw me with. She says "What about those big tires? They CAN'T be legal. " I began feeling little overheated gears in the back of my head start to turn.



"These tires were available on the 1970 Boss 429, " I told the cop, " Which makes them street legal as a replacement."



Ethel gets angry. She whines, "So you're not going to give out any tickets to this assh*le?"



The cop says, "No, I am not."



I've about had it. So I say, "Sir, this woman told you that she left the street at the corner, and then she met up with my car here. According to Title 19, pedestrians have to cross the street at a right angle. This woman admitted she crossed at a 45-degree angle, which is a ticketable offence."



"What?" The cop looks confused.



"Also, she told you that she walked in front of my car to stop me. A citizen can't detain someone without probable cause, under Terry v. Ohio (My new favorite case). Since she couldn't measure my speed, she had no probable cause to detain me. That is an indictable offence."



The cop says, "But, I didn't see any of this."



"But," I said, "I did, and, as an officer of the Court, I can demand her arrest. I'll agree to dismiss the Illegal Detention charge, but I want her cited for not crossing at a right angle and Hazardous Conduct on a Public Street."



The cop called his Lieutenant, and after the cop told the story, he authorized the summonses.



She went home with $215.00 worth of traffic tickets, and they are worth a total of four points against her license, as well as the appropriate insurance surcharge!



Of course, if she demands a trial I won't prosecute. But the look on her face as she walked away was more than enough satisfaction for me.



Yeah, I've passed the bar, and I'm on a mission from God.

 
Not only did I lauph out loud but I cheered out loud, way to go BigD. Goes to show ya that "what goes around comes around" can actually happen in a timely manner. That cop has a good story too.:cool:
 
I liked it as well--but I was somewhat confused at the end. How are the tickets "traffic tickets", as they occurred as a pedestrian? How can non-motorized vehicle infractions count as points against her license, or impact her vehicle insurance via the points?



Anyone here have the legal background to know if this is actually a reasonable possibility?
 
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Reminds me of a kid that ran out in front of a car, down the street. When the police and ambulance came. One woman said the driver of the car was speeding. The cop measured the skid marks(before abs). Told the woman, the driver wasnt doing more than 10mph in a 30mph zone. Some people think they know.
 
Don't know why but some states have laws that effect your driving record without you being driving. It use to be in TN that if you were participating in drag racing (flagman, spectator, ect) and were found gulity of that offense you got the same jungement against you as a individual that was actually driving.
 
Don't know why but some states have laws that effect your driving record without you being driving. It use to be in TN that if you were participating in drag racing (flagman, spectator, ect) and were found gulity of that offense you got the same jungement against you as a individual that was actually driving.

So if they treated all aspects of drag racing, including those not involving vehicle operation, the same as regular driving--If you were participating in that, and didn't have a license, could you be charged with unlicensed 'driving'? :wacko:
 
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