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Stuck In The Legal System And Cant Get Out


chuckbradley

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Last month i bought my son a car on ebay located in chicago. The dealer puts an illinois temp tag on it. while waiting for the title my son gets pulled over in Lexington for nothing and gets a ticket for improper display of registration. The officer tells my son the numbers were too small on the temp tag. He told my son to call the number he wrote on the ticket and once we got it licensed they will dismiss it over the phone. I knew he was wrong in writing the ticket since he has to recognize the official Illinois temp tag but we will get it registered and make the call.

Well we call the number and the lady in the traffic court said she cant do anything about that it was a 150.00 fine or come to court. i try explaining it to her and she gets nasty raising her voice and talking down to me. She tells me I will have to talk to the officer who wrote the ticket. Come to find out that was wrong also. I called dispatch and left a message fro the officer to call me, he didnt. I called the next day and tried again. I got his Lt. He was pretty cool and apologized saying he shouldnt have wrote that ticket and also said he had to recognize the official Ill temp tag. But that there was nothing he or the officer could at this point. He explained the officer was new. I mean the ticket itself says under the registration block"ill temp tag#####".

So now because a green officer wrote a errant ticket we have to spend an evening in traffic court. Thats what happens when you get a green officer and a 16 year old kid. Lets just hope the judge is reasonable and dismisses it.

Edited by chuckbradley
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The tag was on the car exactly where it is supposed to be, the numbers may have been to small for a Ky temp tag but he has to recognize the official illinois tag. I also talked one of our own who is a retired Ky trooper and he said before he retired just having the bill of sale for 30 days was good enough in KY, a temp tag wasnt needed. My county clerk is not allowed to issue me a Ky temp tag.

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I'd call the Lt. and make sure the cop doesn't show up for court. That should get you an immediate dismissal

Ayup! If the LT really wanted to help ya', he should have suggested that this will/can be made to happen.

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Find out who the traffic court judge is and call his office you may be able to get it kicked out that way.

Also if you know the womans name call the number again and ask to speak to the supervisor and file a complaint.

Despite what they think the Government works for us and those employed by the Government should treat us with respect.

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So now because a green officer wrote a errant ticket we have to spend an evening in traffic court. Thats what happens when you get a green officer and a 16 year old kid. Lets just hope the judge is reasonable and dismisses it.

You might be able to call the trafffic court and make an appointment to see a judge. Some issues, sometime, can be resolved outside of court. It may not work, but it's worth a try. I won't save you a trip to the courthouse, but it may save the time you would, otherwise, spend waiting your turn to profess innocence in court.

If your time is more valuable than the cost, you can also hire an attorney to represent you. In a case like this, where you are obviously not guilty of anything, you generally don't even have to show up.

Lee

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Chuck,

The posts I've read in this thread all have one thing in common.

They are based on the premise that the system is about public safety, law, justice, etc.

Perhaps I'm just being cynical but I don't see it that way anymore.

It's just about relocating $150 from your wallet to the local coffers.

When the ticket was written what was the charge and what is its legal basis?

Simple, the heart of the matter is vehicles must be registered, (that generates revenue).

If you don't display proof of paying your tax, the tax police nab you and you pay fine. (More revenue).

If the tax police are not justified in their charge, you can fight it in court.

Win or lose you pay court costs. (More revenue).

Even if you win, the antaganists are not held to account and there is no consequence to them. Why should they care?

Where was the incentive for this cop to not write the ticket if he knew it was questionable?

Unreturned phone calls and belligerent clerks are just part of a system that is determined to process you.

You have become grist for the mill.

You may be stuck in the legal system but you can get out.

All you have to do is give them what they want.

$$$$$$$$$$$$$

Sorry for my rant.

It's early and I haven't had enough caffeine yet.

Tls

Edited by tlshores
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Chuck, look at the ticket, and see if the charge was state, local, county, etc. Call the appropriate attorneys office, whether it is the city, or county attorney, etc. Tell them what happened and what the LE told you. That should take care of it and they can drop the charge. I call Bullshit to what the LT. told you. If one of my guys/girls screw the pooch, which does happen from time to time with no malice intended, believe it or not.... ;)

We just call the city attorney or county attorney and tell them to dismiss the charge, that simple, and it shoukl be that simple as well........good luck!

DougC

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Chuck, look at the ticket, and see if the charge was state, local, county, etc. Call the appropriate attorneys office, whether it is the city, or county attorney, etc. Tell them what happened and what the LE told you. That should take care of it and they can drop the charge. I call Bullshit to what the LT. told you. If one of my guys/girls screw the pooch, which does happen from time to time with no malice intended, believe it or not.... ;)

We just call the city attorney or county attorney and tell them to dismiss the charge, that simple, and it shoukl be that simple as well........good luck!

DougC

Exactly right. Unless Kentucky is different than most states, I would not call the judge. Call the attorney who is on the state's side of this. Not the judge. Frankly, I would be amazed if the judge would even speak to you about it before the court date.

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I hate it when things like this happen. It makes all of us (law enforcement) look bad. That's pretty crappy to give a ticket for someone with another state's official tag (temporary or otherwise). I can't give any advice on how to handle it as the laws in Florida may be different than in Ky.

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Chuck, look at the ticket, and see if the charge was state, local, county, etc. Call the appropriate attorneys office, whether it is the city, or county attorney, etc. Tell them what happened and what the LE told you. That should take care of it and they can drop the charge. I call Bullshit to what the LT. told you. If one of my guys/girls screw the pooch, which does happen from time to time with no malice intended, believe it or not.... ;)

We just call the city attorney or county attorney and tell them to dismiss the charge, that simple, and it shoukl be that simple as well........good luck!

DougC

That works in some jurisdictions and/or when there is a good working relationship between the LEOs and appropriate attorneys office. In some places once the ticket is written it must be adjudicated by a judge, this eliminates some of the "good old boy" network. The clerk and the city attorney both told me it would be thrown out, all I had to do is show up in court and it would be dismissed. in some jurisdictions the only way out is to pay or go to court. If you don't they issue a warrant, eventually you have to pay or go to court. Right or wrong sometimes you just have to play the game.

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Cops love to bully young people around. Especially new ones!

Steve, that may have been your experience but I assure you that is not mainstream, and comments like this are really not constructive. :( I have stories about kids from this weekend..... ;)

The fact of the matter is that new employees in any business make mistakes, and it is up to their supervisors to hold them accountable. It sucks making mistakes, but since we are human it happens. Of course a lot of people expect LE not to make mistakes ever..but that is another thread for another time on another forum..... :ph34r:

Chuck has the recourse to spend more of his valuable time to go to the LE office and find out why this mistake was made, if he is not happy with the answer, then he can file a complaint......

DougC

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That works in some jurisdictions and/or when there is a good working relationship between the LEOs and appropriate attorneys office. In some places once the ticket is written it must be adjudicated by a judge, this eliminates some of the "good old boy" network. The clerk and the city attorney both told me it would be thrown out, all I had to do is show up in court and it would be dismissed. in some jurisdictions the only way out is to pay or go to court. If you don't they issue a warrant, eventually you have to pay or go to court. Right or wrong sometimes you just have to play the game.

In Florida, it is a crime to even ask someone to void a ticket. That eliminates some of the "good ole boy" as well--and could explain why the Lt was not able to help. I'm not sure if calling the State Attorney would do any good here. There is no SA at the hearing, only you, your attorney (if you hire one), the officer, and any witnesses either side may have. The hearing is not even done before a judge. It's done before a "Hearing Officer" who is an attorney.

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Ok, the LT was apologetic and said he would speak to the new officer about it and relate the trouble it has caused us for his mistake. He said he can not legally do anything about it now, it has to go throught he system. Same thing the lady I talked to said who is with the county attorneys office side of the traffic court. THere is no avenue to stop this thing. It has to go to court or pay it. Hence stuck and cant get out, at least without paying for a fine that wasnt substantiated. I actually want the officer to show up so he can see first hand what a stupid mistake he made and how it effects others. I went to the Kentucky/Houston Basketball game and was looking for him. Tons of cops around the games and I knew he was on duty, didnt see him though.

The way i got to his Lt. was I said I wanted to file a complaint against the officer. After finding out he was a greenhorn I didnt want to pursue that. He does need , as do all cops, to realize that they have a certain amount of power that can really effect peoples lives and they need to use it with discretion erring on the side of the citizen sometimes instead of on the side of the Gov.

I dont know if I want to say this but I got a good deal on a 2003 525i through ebay. He is a good kid. 4.0 GPA, year ahead for graduation and just scored a 32 on the ACT. He is doing his job so I found it fit to reward him. I am sure it rubs some the wrong way seeing a 16 yr old kid driving a bmw even if it is the bottom of the bmw line.

Edited by chuckbradley
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I dont know if I want to say this but I got a good deal on a 2003 525i through ebay. He is a good kid. 4.0 GPA, year ahead for graduation and just scored a 32 on the ACT. He is doing his job so I found it fit to reward him. I am sure it rubs some the wrong way seeing a 16 yr old kid driving a bmw even if it is the bottom of the bmw line.

If it were me I wouldn't care what others thought, it sounds like he earned it. :)

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I dont know if I want to say this but I got a good deal on a 2003 525i through ebay. He is a good kid. 4.0 GPA, year ahead for graduation and just scored a 32 on the ACT. He is doing his job so I found it fit to reward him. I am sure it rubs some the wrong way seeing a 16 yr old kid driving a bmw even if it is the bottom of the bmw line.

Chuck,

Congratulations for both rewarding a good kid, and caring enough to buy him a safe, modern car.......

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I dont know if I want to say this but I got a good deal on a 2003 525i through ebay. He is a good kid. 4.0 GPA, year ahead for graduation and just scored a 32 on the ACT. He is doing his job so I found it fit to reward him. I am sure it rubs some the wrong way seeing a 16 yr old kid driving a bmw even if it is the bottom of the bmw line.

Chuck,

Congratulations for both rewarding a good kid, and caring enough to buy him a safe, modern car.......

You know Nik thats one of the reason I went with it. I bought him an old 1994 f250 diesel at first. He had a car stop in front of him suddenly and the roads were wet. He slid of the side of the road and was just short of going over an embankment. I had to go pull him out. I figured if he had antilock brakes that wouldnt have happened. On our roads he needs all the help he can get.

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I dont know if I want to say this but I got a good deal on a 2003 525i through ebay. He is a good kid. 4.0 GPA, year ahead for graduation and just scored a 32 on the ACT. He is doing his job so I found it fit to reward him. I am sure it rubs some the wrong way seeing a 16 yr old kid driving a bmw even if it is the bottom of the bmw line.

I don't that I would call a 525i bottom of the line BMW, but I agree with your thought processes. Sounds like he's a good kid.

Kenny

P.S. Are you interested in adpoting?? :)

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I dont know if I want to say this but I got a good deal on a 2003 525i through ebay. He is a good kid. 4.0 GPA, year ahead for graduation and just scored a 32 on the ACT. He is doing his job so I found it fit to reward him. I am sure it rubs some the wrong way seeing a 16 yr old kid driving a bmw even if it is the bottom of the bmw line.

Chuck,

Congratulations for both rewarding a good kid, and caring enough to buy him a safe, modern car.......

You know Nik thats one of the reason I went with it. I bought him an old 1994 f250 diesel at first. He had a car stop in front of him suddenly and the roads were wet. He slid of the side of the road and was just short of going over an embankment. I had to go pull him out. I figured if he had antilock brakes that wouldnt have happened. On our roads he needs all the help he can get.

ABS and the ability to steer while doing a full power emergency brake job has kept two knuckleheads who were turning across my lane from getting hurt......

Sometimes technology works wonders.....

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Chuck,

Hope all comes out alright at the end of this process.

I'm very happy for Austin and his new car. A 5-series beemer is in no way in the bottom of the BMW line-up. Austin is a very good young man and I'm sure he deserves this gift.

Let's just hope the T&T syndrome doesn't get to him now. :D

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Forgive me sometimes I am dense and miss the obvious. What is T&T? Is it similar meaning to the old similar abbreviation?

I researched BMW's for months and found the 525i is the least desireable bmw. The 3 series is a little smaller but more desirable by the younger crowd. Now the 530 and 540 have bigger engines and are obviously more desirable and higher priced. His car is not the M series which is twice the price. In my opinion a used 525i is probably the least desired bmw. Now its still a very nice car but even with 28k miles was less than a used Mustang with the new style. Of course it booked for allot more than I paid. It also is still under warranty and I have to say BMW has the best warranty i have seen.

Edited by chuckbradley
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Two toughts here...

First 525-great car. Safe reliable stylish and not powered beyond a 16 year olds skill level.

Second as someone who lived in Lexington for 23 years I can tell you that Lex. cops have a hard on for out of state cars. They consider any ticket written on a out of state tag to be easy money since most people will just pay the fine rather than drive back for the court date. Total B.S. but they like the added kick to the budget.

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