Police Officer Preparation & Law Enforcement Resource - Archive

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cntryboy0531
05-29-11, 06:02 AM
Please learn from this guy's mistakes from a traffic stop I conducted last night.
1) Don't do 104mph in a 70mph zone.
2) If you are going to do 104mph in a 70mph zone, and you have a Learners Permit instead of a real driver's license, make sure you are in compliance with the restrictions.
3) If you are going to do 104mph in a 70mph zone and you are not in compliance with your Learner's Permit restrictions, make sure you have insurance on your car.
4) If you are going to do 104mph in a 70mph zone, are not in compliance with your learners permit restrictions, don't have insurance on your car, then make sure you have your Driver's License updated to reflect your CURRENT address and not the one you moved out of 3 months ago.
If you plan to do all of these at once, please expect to walk away with $800 in tickets, especially if you act clueless to all of the violations.
If you plan to do all of these at once, please expect to walk away with $800 in tickets, especially if you act clueless to all of the violations.
I'm guessing because of his age mom and dad will be picking up the tab. Ouch!
You haven't gotten a call yet wanting to know why you're picking on him...
retdetsgt
05-29-11, 09:42 AM
My first thought was why the hell was Mom and Dad letting him drive a car outside the learner's limitations? Parenting is just not some peoples' forte'.
marinepilot
05-29-11, 10:26 AM
My first thought was why the hell was Mom and Dad letting him drive a car outside the learner's limitations?
Country, you should do a warrant for the parents allowing their kid to drive without a DL. Or, if they didn't know he was taking the car, a warrant for vehicle theft. THAT would teach him (and the parents) a lesson....
retdetsgt
05-29-11, 10:41 AM
In Oregon, that kid wouldn't get a real DL for years. He'd be legal drinking age before he came close. A few years ago, the legislature passed some laws that really hammer kids that screw up not only when they have a learner's, but even before they turn 18.
Even after they get their regular DL they can't drive a car with other kids under 18 in it w/o someone over 21 being in it too. That not only cut down some wrecks, but stopped some minor crimes too. The parents have to keep a log of how many hours of instruction they gave their kids while they had a permit and turn it in before the kid can take the DL test too. No log that's sworn to, no license. It does a good job of putting it back on the parents.
cntryboy0531
05-29-11, 06:37 PM
This kid was 19, car was actually registered to him. Brand new Charger. His passanger was 19 and needed to be 21 or older. Bit old for a learners permit, don't know why he still had one to be honest.
I guess the best way to look a this, they
are both still ALIVE.
Ah, well, there is always the Darwin Award.
This kid was 19, car was actually registered to him. Brand new Charger. His passanger was 19 and needed to be 21 or older. Bit old for a learners permit, don't know why he still had one to be honest.
Please tell me you get to tow and impound it for a bit, too?
I think it's awesome that he had a learners permit long enough to need a change of address.
And if his passenger was female, I am betting he will be putting his parenting skills to the test soon. If he hasn't done all that other stuff, birth control probably is still on his "to do" list.
cntryboy0531
05-30-11, 05:33 AM
Nope, couldn't impound it. Florida has pretty weak laws on impounding vehicles. With a few rare exceptions, I can usually only tow the vehicled if the driver is arrested or given a notice to appear for a criminal violation. A driver could flat out tell me he has no insurance and unless the state has flagged the vehicle for me to seize the tag, all he gets is a ticket for no proof of insurance, and can drive off in the same vehicle.
If another Florida LEO can point out specific statutes that list when a vehicle maybe towed, im all ears.
retdetsgt
05-30-11, 07:51 AM
Oregon is the same way about towing. We used to be able to tow for almost anything, but too many cops towed too many vehicles for BS reasons. After a while the courts and legislators got tired of it and changed it all. That's how we've lost most good things, cops doing things just because they could and not because there was a reason.
Here, a learner's permit is only good for a year. I don't know if it can be renewed or not?
marinepilot
05-30-11, 10:06 AM
The only times we can tow are like you said, if they're being arrested and you can't find a suitable place to put the car where it won't be a danger to traffic. And as far as I know, the only time we can SEIZE the vehicle is when it's used in the commission of a felony. Since none of the traffic violations you mentioned were felonies, you were right and had to leave the vehicle to him.
That sucks it's not his parents car tho. Could have at least gotten an arrest out of it instead of a lot of paper.
Safety Steve
05-30-11, 11:15 AM
I think your just mad cntryboy that he wasn't drunk! :biggrin5:
And give the kid credit. He was committed to doing NOTHING legal! :thumbsup:
Good job for being there and getting him off the road. Sounds like you prevented a serious situation.
Be Safe.
Nope, couldn't impound it. Florida has pretty weak laws on impounding vehicles. With a few rare exceptions, I can usually only tow the vehicled if the driver is arrested or given a notice to appear for a criminal violation. A driver could flat out tell me he has no insurance and unless the state has flagged the vehicle for me to seize the tag, all he gets is a ticket for no proof of insurance, and can drive off in the same vehicle.
If another Florida LEO can point out specific statutes that list when a vehicle maybe towed, im all ears.
Wow. I would think its a huge liability to let an uninsured motorist drive away in an uninsured vehicle. How far does he have to drive before you can ticket him again for it? :)
I think in AZ, 104 in a 70 would be criminal speeding (misdemeanor).
retdetsgt
05-30-11, 02:17 PM
Uninsured is one of the few things we can tow for.
cntryboy0531
05-30-11, 05:58 PM
We can tow for uninsured, only if the state flags the vehicle for it. Technically it's not "illegal" to not have insurance. It's just a traffic ticket for not having proof of insurance. Then if they don't show proof to the clerks office, the state suspends thier license and flags the vehicle to sieze the tag and tow the vehicle.
When I worked in FL we towed anytime the driver was unable to remove the vehicle. If the person wasn't able to get someone there within about 15 minutes the car was towed for safekeeping, but it was not impounded. The person could literally call a cab, go to the tow yard, and pick the car up as soon as it arrived. The way the city attorney looked at it was if we require the person to park the car in a parking lot then it was subsequently damaged or stolen we might be held liable. If we took the necessary precautions and placed the car in a secured location like the tow company's yard, we could transfer at least some liability to the tow company.
retdetsgt
05-31-11, 10:36 AM
The way the city attorney looked at it was if we require the person to park the car in a parking lot then it was subsequently damaged or stolen we might be held liable. If we took the necessary precautions and placed the car in a secured location like the tow company's yard, we could transfer at least some liability to the tow company.
That used to be the philosophy here too. But after we were told to quit towing after every arrest, I know of no valid claims regarding damage to a car left at a scene. I guess it's like if you get your house broken into while you're in jail.
The problem that arose here was there were too many times that it appeared the towing was more vindictive than in the interest of the driver. And no doubt it was on occasion.