Ticket in Robeline

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  • whitsend

    -Global Mod-
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    26   0   0
    Sep 6, 2009
    4,137
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    Transylvania, LA
    It's Baskin. Here a few more I'm steering clear of, too: Delta, Dodson, Georgetown, Lillie, Livonia, Woodworth, Washington and a few more.

    To be fair, I'm just pick through the report so far, but it's good enough for me.

    About steering clear of Delta.
    The road deadends at Delta unless you get on the levee, so it is almost impossible to actually go through Delta.
    That being said, they work I-20 from the Delta exit to the Mississippi River bridge, so to steer clear you would have to go about 60 miles north or south to cross the river.
    The Delta Marshall also is commissioned by the sheriff so they "can" work all of Madison Parish, but the sheriff frowns on it.(I have seen them working Hwy 65 about 8 miles south of Tallulah, which is over 20 miles from Delta. Not sure who gets that money)
     

    spanky

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    141   0   0
    Sep 12, 2006
    12,993
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    Gonzales, LA
    Were you speeding? Are you going to try and use those techniques the websites and books try to sell you? Like hoping the officer doesn't show up or try to cast doubt on his certification? Or maybe trying to plea it down to a non moving violation?

    I tried all that once when I was much younger and niave. It was
    embarrassing, a massive waste of time, and I ended up having to pay more.

    If you are guilty just pay it. You aren't going to get away with it, especially in a small town.
    You didn't do it right if you tried to get it reduced to a non-moving and it didn't work. :o
     

    vsound

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    4   0   0
    Sep 25, 2006
    524
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    Baton Rouge
    Your Constitutional rights are still there. You can request a jury trial. Louisiana law (among others) allows for misdemeanor cases to be heard by a judge (or magistrate of some sort), but the defendant always has the option of requesting the jury trial. It keeps things moving through the court if they can dispose of the vast majority with just a judge. You can always fight it, lose, and appeal to get it into a higher court, but you need to have a legitimate case.

    There is case precedent against speed limits being placed simply for revenue generation. State law requires the use of legitimate engineering studies/reports/principals (based on the US Highway Safety Manual for Uniform Traffic Control Devices) to post speed limits. If the town posted the speed limit without using this mechanism, then it can be shown in higher court that the only purpose for the posted speed limit is to produce revenue and not to promote safety. Somebody would have to have all their ducks in a row to pursue this route, though.
     

    SafetyFirst

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    Sep 9, 2009
    2
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    The mayors wife is a nationally-known entertainer, having sold over 1 million recordings. I don't think she would have time for anyone on here and certainly wouldnt stoop to the level of people on this forum that suggest otherwise. Have a great day!
     

    vsound

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    4   0   0
    Sep 25, 2006
    524
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    Baton Rouge
    The speed limit signs are posted by the state and not the municipality.

    True, but historically it's not unheard of for a municipality to install their own signs. Thus the case precedents.

    Also, the last version of the engineering study may be from 1960, or it could be from 2008. They are supposed to update the studies every few years, but in reality it doesn't happen that often (not enough manpower). If the sign was posted a long time ago and hasn't had a recent study, it may not fit current engineering principals, thus making it invalid. Or, it may be perfectly valid. DOTD knows.
     

    bigmg985

    Active Member
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    2   0   0
    Sep 4, 2009
    32
    6
    Mandeville, LA
    OK. Allow me to pose another question "hypothetically speaking"
    ....what harm does going over an arbitrary speed limit do? If one causes an accident or injures another then of course that should be punished. But if the officer was not posted at that spot to obtain revenue for the town nobody would be the wiser. The simple act of going over the posted speed limit causes no harm. police officers giving speeding do not stop accidents.

    It is the law... Police officers enforce the law. They don't write you a ticket hoping they can stop an accident. They write you a ticket because you broke the law.
     

    Summit_Ace

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    Jul 6, 2009
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    It is the law... Police officers enforce the law. They don't write you a ticket hoping they can stop an accident. They write you a ticket because you broke the law.

    well in this case I believe they write tickets to gain revenue for the town I believe the study I posted earlier in this thread proves that......that aside.As I stated this is not about a ticket or a fine. This is about the fact that a local municipality circumvents the constitution. So in your opinion as long as it is a law and you are accused of breaking it you pay the penalty. And in some cases the constitution does not apply.

    In what other cases{in your opinion}should this government tactic apply? where else {in the words of the mayor of Shreveport}should your rights be suspended?
     

    Summit_Ace

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    Jul 6, 2009
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    I am sure you were not speeding, or you could display some integrity and pay your fine. It's not like you will never speed again.

    So if I take a stand and try to right a unjust system. If I say my rights stand weather guilty or not. If don't just shut up and pay the fine. I am without integrity?

    {I know this is over the top} however there must have been a lot of Germans WITH GREAT INTEGRITY throwing people in death camps. IT WAS THE LAW.
    Those Jews must have a tremendous lack of integrity for not just paying the fine for being Jewish and walking into the death camps.

    Stuff like that could never happen hear.

    My opinions on Constitutional law come from its roots in Common Law. That is what our Constitution is based on. Talking on that subject might cause some peoples head to explode.
     

    Summit_Ace

    *Banned*
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    Jul 6, 2009
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    Your Constitutional rights are still there. You can request a jury trial. Louisiana law (among others) allows for misdemeanor cases to be heard by a judge (or magistrate of some sort), but the defendant always has the option of requesting the jury trial. It keeps things moving through the court if they can dispose of the vast majority with just a judge. You can always fight it, lose, and appeal to get it into a higher court, but you need to have a legitimate case.

    There is case precedent against speed limits being placed simply for revenue generation. State law requires the use of legitimate engineering studies/reports/principals (based on the US Highway Safety Manual for Uniform Traffic Control Devices) to post speed limits. If the town posted the speed limit without using this mechanism, then it can be shown in higher court that the only purpose for the posted speed limit is to produce revenue and not to promote safety. Somebody would have to have all their ducks in a row to pursue this route, though.

    I spoke with the court clerk. She {very nice by the way}informed me I did not have the right to a jury trial.As for engineering studies and such,I can not find them. that is with a brother in law that is a highway engineer. I can not subpoena them because she also informed me {very nice by the way} I did not have subpoena power.

    HMMM....did you say my Constitutional rights were still there??
    If you see them somewhere let me know.
     

    JustinB

    Well-Known Member
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    14   0   0
    Oct 7, 2008
    833
    18
    Metairie
    ^ TLDR but you made a good point, laws can be immoral. Reason and prudence should be used too. Something that is more and more lacking I feel.
     

    Nolacopusmc

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    66   0   0
    Oct 22, 2008
    8,348
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    New Orleans, LA
    So if I take a stand and try to right a unjust system. If I say my rights stand weather guilty or not. If don't just shut up and pay the fine. I am without integrity?

    {I know this is over the top} however there must have been a lot of Germans WITH GREAT INTEGRITY throwing people in death camps. IT WAS THE LAW.
    Those Jews must have a tremendous lack of integrity for not just paying the fine for being Jewish and walking into the death camps.

    Stuff like that could never happen hear.

    My opinions on Constitutional law come from its roots in Common Law. That is what our Constitution is based on. Talking on that subject might cause some peoples head to explode.

    Please.:rolleyes::rolleyes:

    You f-cked up. Pay the ticket and stop being so sanctimonious. You got caught. Wether you agree with the law or not, it is the law. When you decide to be a member of a society, you agree to the social contract within that society. Ours includes laws for speeding. Also, I am sure you know the whole "driving is a privelage not a right." If you do not like it, walk.

    When your wrong, your wrong. Man up and pay your fine instead of trying to weasal out of it. Save your energy for a real fight, like losing your gun rights.
     

    Summit_Ace

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    Please.:rolleyes::rolleyes:

    You f-cked up. Pay the ticket and stop being so sanctimonious. You got caught. Wether you agree with the law or not, it is the law. When you decide to be a member of a society, you agree to the social contract within that society. Ours includes laws for speeding. Also, I am sure you know the whole "driving is a privelage not a right." If you do not like it, walk.

    When your wrong, your wrong. Man up and pay your fine instead of trying to weasal out of it. Save your energy for a real fight, like losing your gun rights.

    Well not sure if I can speak to you the same you do to me,think forum rules prohibit it. Then again I am not a site sponsor.

    It is my opinion that you have a problem with reading comprehension. I will say it again....IT IS NOT ABOUT THE TICKET OR THE FINE. I WILL PAY THE FINE. THIS IS ABOUT THE PRINCIPLE!!!!!

    Show us all here this social contract you have that trumps the UNITED STATES CONSTITUTION. You call me sanctimonious and f__ked up. You tell me to save my energy for a real fight. Some of us are in the fight already. You have not gotten in it yet because it has not effected you"yet". According to you the REAL fight is gun rights{guess none of the other rights we have are important to you}.MY bet is that when they come for our guns you will only stand up if they try to ban something YOU own.


    I just moved here from NY and had a NY pistol permit{still do}. Got pulled over by a rookie cop who did not think I should have a gun. when I told him I was armed I got cuffed and stuffed in the back of his car. His sergeant finally came and told him he could not arrest me because I had a permit and told him to give me my gun back and let me go.I got a speeding ticket{which I paid}. When he cuffed me he put the cuffs on so hard he broke the thumb tendon in my wrist. I am in construction and suffered with it for over two years. When I filed a complaint with the chief of police{just being sanctimonious I guess}he wrote a bogus letter to the issuing judge on my permit in retaliation {which in the state of NY is illegal}. I had all my handguns confiscated by the state. I stood up for my rights{just being sanctimonious}and got them back after 9 months. Fortunatly for me the county sheriff came to my hearing and spoke on my behalf. He stood up for my rights. he did this without my asking. Even though it did not affect him.WOW,imagine that.


    got to tell you man sanctimonious or not I have been in the fight. I have stood up for my rights and for others.weather I agree or not. Weather it affects me or not. A RIGHT is a RIGHT

    When the line in the sand is drawn and you finally decide to stand up and fight I guarantee someone else will be calling you F--KED UP AND SANCTIMONIOUS. When that time comes,if it comes I'm not sure if I want you standing with me.Got to wonder about a guy who only wants to stand up for what HE considers a right DO yourself a favor ,and those you teach in you CHP class. try reading the U.S. Constitution. THAT IS THE LAW. All other laws no matter how big or small are subservient. NO EXCEPTIONS!
     

    Nolacopusmc

    *Banned*
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    66   0   0
    Oct 22, 2008
    8,348
    38
    New Orleans, LA
    Well not sure if I can speak to you the same you do to me,think forum rules prohibit it. Then again I am not a site sponsor.

    :eek3: Wow, thin skin huh newbie. Being a sponsor has nothing to do with it. Please tell me what forum rules I violated.

    It is my opinion that you have a problem with reading comprehension. I will say it again....IT IS NOT ABOUT THE TICKET OR THE FINE. I WILL PAY THE FINE. THIS IS ABOUT THE PRINCIPLE!!!!!

    The principle is that you are wrong and fail to accept responsiblilty for your actions. That is what is wrong with this country, no personal accountability.

    Furthermore, it is you who lacks the reading comprehension. Like others have already advised you on here, you still have your constitutional rights. You would be asinine to tie up the legal system for a SPEEDING TICKET YOU ARE GUILTY OF, but you have a right too. The trial by judge process exists in order to streamline the process due to people like you who rather than accept responsibility for their actions would rather argue why they should not be punished. Go to court, have a trial by jury, prove your principles. All you are proving is that you lack the integrity to admit when you are wrong.

    You will be found guilty, because you are, and your court costs will be higher. But hey, you proved your point and made them get 12 people to completely waste their day and probably lose money because you lack the integrity to take responsibility for your actions. You are a real hero and a champion for the constitution.

    Why don't you then sue the city for the wages you lost to fight this righteous battle on behalf of us all?

    Yeah....sanctimonious and dishonest.

    Show us all here this social contract you have that trumps the UNITED STATES CONSTITUTION. You call me sanctimonious and f__ked up. You tell me to save my energy for a real fight. Some of us are in the fight already. You have not gotten in it yet because it has not effected you"yet". According to you the REAL fight is gun rights{guess none of the other rights we have are important to you}.MY bet is that when they come for our guns you will only stand up if they try to ban something YOU own.

    How would you know what fight I am in? Glad you know me so well newbie.


    I just moved here from NY and had a NY pistol permit{still do}. Got pulled over by a rookie cop who did not think I should have a gun. when I told him I was armed I got cuffed and stuffed in the back of his car. His sergeant finally came and told him he could not arrest me because I had a permit and told him to give me my gun back and let me go.I got a speeding ticket{which I paid}. When he cuffed me he put the cuffs on so hard he broke the thumb tendon in my wrist. I am in construction and suffered with it for over two years. When I filed a complaint with the chief of police{just being sanctimonious I guess}he wrote a bogus letter to the issuing judge on my permit in retaliation {which in the state of NY is illegal}. I had all my handguns confiscated by the state. I stood up for my rights{just being sanctimonious}and got them back after 9 months. Fortunatly for me the county sheriff came to my hearing and spoke on my behalf. He stood up for my rights. he did this without my asking. Even though it did not affect him.WOW,imagine that.

    Wow. You are a hero to us all:rolleyes:s That is the kind of fight you spend your energies own in this time, not a speeding ticket THAT YOU DESERVED.


    got to tell you man sanctimonious or not I have been in the fight. I have stood up for my rights and for others.weather I agree or not. Weather it affects me or not. A RIGHT is a RIGHT

    I guess 11 years as a United States Marine and 12 years a police officer is not standing up for rights. But hey, I am just a JBT stomping on you little people right?

    When the line in the sand is drawn and you finally decide to stand up and fight I guarantee someone else will be calling you F--KED UP AND SANCTIMONIOUS. When that time comes,if it comes I'm not sure if I want you standing with me.Got to wonder about a guy who only wants to stand up for what HE considers a right DO yourself a favor ,and those you teach in you CHP class. try reading the U.S. Constitution. THAT IS THE LAW. All other laws no matter how big or small are subservient. NO EXCEPTIONS!

    You would fit in well here.. www.opencarry.org. They are all about your version of reality.

    I know you are new here, so I will give you a little bit of leeway. You know jack about me. I have countless people on here that will vouch for my background and stance.

    You whine about a speeding ticket and then throw up all these things you claim to have done to fight for your rights. Did you do anything before they affected YOU? No, you waited until they came for YOUR GUNS. Just like you accused me. Add hypocrite to the list right under sanctimonious.

    Weather you know it or like it, I am the line in the sand.
     
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    Summit_Ace

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    Jul 6, 2009
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    The principle is that you are wrong and fail to accept responsiblilty for your actions. That is what is wrong with this country, no personal accountability.


    I think paying the ticket as I said is taking responsibility. The fact of the matter is being new here traffic laws are totally different. In NY speeding is not a misdemeanor.You as a LEO may never do this ,but sometimes people get tickets unjustly. When I looked into the law and the local corrupt system in Robeline it would be very diffecult to get a fair trial. I used my speeding ticket as a reason to talk about what I thought was a underlying problem. The mayor /Judge can throw someone in jail for up to 6 months using this same system. Even after the fine is paid and I take responsibility the system should still be changed.

    How would you know what fight I am in? Glad you know me so well newbie.

    I guess 11 years as a United States Marine and 12 years a police officer is not standing up for rights. But hey, I am just a JBT stomping on you little people right?


    As for this you are totally right. I do not know you. I got caught up in trying to defend my thought on what I consider an unjust local system. I attacked you with out knowing the sacrifices that you have made. For that I apologize,and hope it is accepted.
    Our armed forces are the line in the sand and I thank you for your service.

    I hope we can agree to disagree on what is worth fighting for. In my case it is not worth it. Was just trying to expose what I thought was a corrupt system. People keep saying the ability to have a jury trial is there however the clerk of the court told me different. That is what I am going off of. I would not want to face 6 months in jail without the benefit of a jury trial. I think we could agree on that point.
     

    Nolacopusmc

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    66   0   0
    Oct 22, 2008
    8,348
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    New Orleans, LA
    The principle is that you are wrong and fail to accept responsiblilty for your actions. That is what is wrong with this country, no personal accountability.


    I think paying the ticket as I said is taking responsibility. The fact of the matter is being new here traffic laws are totally different. In NY speeding is not a misdemeanor.You as a LEO may never do this ,but sometimes people get tickets unjustly. When I looked into the law and the local corrupt system in Robeline it would be very diffecult to get a fair trial. I used my speeding ticket as a reason to talk about what I thought was a underlying problem. The mayor /Judge can throw someone in jail for up to 6 months using this same system. Even after the fine is paid and I take responsibility the system should still be changed.

    How would you know what fight I am in? Glad you know me so well newbie.

    I guess 11 years as a United States Marine and 12 years a police officer is not standing up for rights. But hey, I am just a JBT stomping on you little people right?


    As for this you are totally right. I do not know you. I got caught up in trying to defend my thought on what I consider an unjust local system. I attacked you with out knowing the sacrifices that you have made. For that I apologize,and hope it is accepted.
    Our armed forces are the line in the sand and I thank you for your service.

    I hope we can agree to disagree on what is worth fighting for. In my case it is not worth it. Was just trying to expose what I thought was a corrupt system. People keep saying the ability to have a jury trial is there however the clerk of the court told me different. That is what I am going off of. I would not want to face 6 months in jail without the benefit of a jury trial. I think we could agree on that point.

    Fair enough. Point is, there will always be corruption no matter where you live. Sorry about the misunderstanding. It is often hard to come across as one intends online. If you ever meet me, you will find I have more in common with you than we have differences. Point is, pay the ticket and be done with it. Consider it a lesson learned.
     

    topgunz1

    Well-Known Member
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    18   0   0
    Sep 13, 2006
    4,091
    48
    Prairieville
    It's been awhile since school... and this is just some quick googling, but this is interesting...

    Criminal Proceedings to Which the Guarantee Applies .--Although the Sixth Amendment provision does not differentiate among types of criminal proceedings in which the right to a jury trial is or is not present, the Court has always excluded petty offenses from the guarantee in federal courts, defining the line between petty and serious offenses either by the maximum punishment available (65) or by the nature of the offense. (66) This line has been adhered to in the application of the Sixth Amendment to the States (67) and the Court has now held ''that no offense can be deemed 'petty' for purposes of the right to trial by jury where im prisonment for more than six months is authorized.''

    I'd go so far as to assume that speeding is a petty offense


    oh, and here are the footnotes for the nerds in the crowd.
    [Footnote 65] District of Columbia v. Clawans, 300 U.S. 617 (1937); Schick v. United States, 195 U.S. 65 (1904); Callan v. Wilson, 127 U.S. 540 (1888).

    [Footnote 66] District of Columbia v. Colts, 282 U.S. 63 (1930).

    [Footnote 67] Duncan v. Louisiana, 391 U.S. 145, 159 -62 (1968); Dyke v. Taylor Implement Mfg. Co., 391 U.S. 216 (1968).
     
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