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Old 03-07-2013, 07:39 AM   #87
RickW
Montana Master
 
Join Date: Feb 2009
Location: Wylie
Posts: 532
M.O.C. #9139
Ozz, I understand your point of view. It just sucks when you are right to still have to pay the price in order to get it behind you. I have done the same a few times myself but it always still bothers me a little that I was right and still had to pay. There is a general expectation that as a professional that you know what you are doing but that did not happen in this case. Times 2.

I understand the officer having probable cause to pull Ozz over for driving a vehicle that appeared to be unregistered. That is acceptable. What is unacceptable was for the officer to issue the citation. Just seeing Ozz's registration should have been all the proof the officer needed to terminate the traffic stop. Even if the officer was not satisfied with what he saw all he had to do is run the registration thru his MDC or have his dispatch do it. That would have settled it right there on the side of the road.

The law is very clear. All 50 states reciprocally accept vehicle registration and driver licensing from other states as long as the vehicle & driver are not operating in commerce. As soon as you do anything that would be considered commercial than you must meet the states requirements for operating a vehicle that you are currently in. That is why most commercial vehicles have Apportioned Plates. Apportioned Plates fall under the International Registration Plan unlike regular state registration that is the sole discretion of the state.

Using a HDT it is important to me to make sure you know the laws regarding licensing and registration. But there are other things that can bite you too. For example a close friend of mine is a retired LEO from California. Larry was pulled over while in visiting family in California because a CHP spotted his siren speakers in his front grill. The CHP asked for his state permit to have sirens/lights on his personal vehicle. Larry explained Texas does not issue a permit but he can only use them if authorized to use them by the local authority and only in that authority's jurisdiction. The CHP quickly reminded him that he was not in Texas. Larry responded but the truck is registered in Texas and it is not illegal for them to be on the truck. About then it dawned on the CHP that because the truck was legal in Texas that it was legal in California regardless of local state law and sent Larry on his way.

Also if you know you are right ask for a supervisor. In Ozz's case it may not have made a difference but most of the time it will. Regardless of what you do for a living the last thing you want to do is demonstrate to your supervisor you do not know what you are doing or talking about. My same buddy was in New York City, he always carries a weapon, says after so many years in law enforcement he feels naked with out it he claims. He was approached by officer and asked he if had a weapon. Apparently when he bent over to pick up something he dropped the officer noticed the bulge/outline on Larry's hip. The officer asked if Larry had a weapon, Larry confirmed he did. The officer asked Larry to surrender the weapon. Being respectful, Larry said he would not surrender his weapon. When the officer officer asked the 2nd time, Larry again respectfully refused and asked the officer to call his supervisor. When the supervisor arrive he got the story from his officer. When the supervisor asked Larry what is going on Larry confirmed what the officer told his supervisor. When Larry finished the supervisor said you are not from around here but you are a cop somewhere aren't you? Larry confirmed he was retired out of California but now lives in Texas. The supervisor asked for ID and Larry complied. At this point original officers face turned white as he now knew his mistake. After inspecting the ID he turned to the office and said I think you owe the nice Lt. an apology as he has been nothing but courteous and respectful. It then went downhill for the officer from there but I am sure he will never make that mistake again. The point is by bringing in the supervisor you now had somebody with a fresh perspective who could see that something was missing and connect the missing dots. It may not always work but is worth a shot if you going to get a ticket anyways. Because once the ticket is issued you now have to go to court or pay it to get it resolved.

Ozz I know you are ready to put it behind you, but I agree I would reach out to the prosecutor if you have not already. Worse case you still pay the fine but a prosecutor will not move forward if he knows the officer is wrong and he will not win the case.
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