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Thread: Caught in a traffic check !

  1. #26
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    Joanne You are correct in you have a right to travel and DIO check points are required to follow that. Meaning if they impede your right to travel for more then 15 minutes without jist cause the check point must cease operation to clear travel. If you have ever gone through one the first officers you see are the proposed stop point, meaning if cars are at that point or beyond they must allow traffic go through without stopping. Before you get all up in there was an accident and we sat for hours that is different they are not the ones stopping your travel, those involved in the accident are.

  2. #27
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    Quote Originally Posted by Shely View Post
    .......... is it okay for me to say "red neck" here? .....................
    No, it is not. At least in that context. You wouldn't use a derogatory term here for black people, Asian people or Hispanics, why would it be OK to use one for Southern white people?

    [SIZE=1]- - - Updated - - -[/SIZE]

    Quote Originally Posted by ~Joanne~ View Post
    They are unconstitutional for one. These checks are done without warrants and "at will" which violates ones personal rights. ............
    I can't prove it, but I'll bet that one has already been through the Supreme Court. Police have been doing this for years. You may believe DUI checkpoints are illegal, but the police and the courts don't really care what you believe.

  3. #28
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    Quote Originally Posted by ~Joanne~ View Post
    what scares me is the fact that they have these "check points" inside the USA.
    Local governments have figured out how big a cash cow DUI can be for them.

  4. #29
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    Quote Originally Posted by Tracy Irving View Post
    The case was Michigan Dept. of State Police v. Sitz. The Supreme Court decided that the needs of the state to prevent drunk-driving accidents outweighed the minimal intrusion on sober drivers. Therefore, DUI checkpoints did not constitute an unreasonable search and seizure.

    If you disagree with their decision and enter a checkpoint, do not speak to the police or roll down your window (unless forced to). It is easier to defend in court. Hold up a flyer similar to the one below. When asked for your drivers license, registration and / or insurance, hold these papers up to the window as well. You will be following the law. There are videos online about this as well as websites with flyers for various states.

    Attachment 282446

    Attachment 282445



    Agree. Never surrender a right for a privilege. You have a right to travel but driving is a privilege (and needs a license). So, always travel, never drive. Make sure to exercise your right to remain in common law jurisdiction should the need arise.
    Legal advice on an Internet forum is worth exactly what you pay for it. Before following the above "advice", I would consult a real attorney. Otherwise a simple "Thank you ma'am." could easily turn into a night at the county jail dressed as a woman.

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    Quote Originally Posted by Robertacd View Post
    Local governments have figured out how big a cash cow DUI can be for them.
    Drinking and driving is a big problem in society. If you had ever been seriously injured or a loved one injured or killed by a drunk driver, you would not feel that way. The money the government takes in from tickets is minor compared to the costs of drunk driving.

  5. #30
    Hellion on Heels Kayliedaskope's Avatar
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    Quote Originally Posted by Shely View Post
    ....... is it okay for me to say "red neck" here? .....
    Quote Originally Posted by Krisi View Post
    No, it is not. At least in that context. You wouldn't use a derogatory term here for black people, Asian people or Hispanics, why would it be OK to use one for Southern white people?.
    I beg to differ on that. You don't have to be Southern to be a redneck. I know plenty of people in Arizona and northern California who who classify as "redneck," and they have never been to the southern states. The "red necks" came from working outside much of the time, such as farmers or cowboys, or many other outside jobs. It's also mostly associated with "blue collar" workers, as well.

  6. #31
    Senior Member BrendaPDX's Avatar
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    I was stopped by an officer, I handed my licence and proof of insurance to him, he took a double take and gave me a verbal warning. I was so nervous my hand couldn't stop shaking.

  7. #32
    Gold Member ~Joanne~'s Avatar
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    Quote Originally Posted by lingerieLiz View Post
    Joanne, So you are a constitutional lawyer and won the case before the Supreme Court. Oh they already ruled. The Supreme Court ruling that held sobriety checks were legal was decided on June 14, 1990.
    Firstly, You don't need to be a lawyer to know what your rights are or what the law states. When you are in front of a judge, one of the very first things they will tell you while trying to defend yourself is "ignorance of the law is no excuse". I have heard them state this many, MANY times in cases that I have observed first hand and even a couple of times to myself.

    I decided they were right, ignorance is bliss and I stopped being bliss a long time ago. Now, when or if I get a ticket for ANYTHING, I look up the law, check similar cases, and triple check the actual wording of the law before I go into the courtroom. The internet can be more useful than just posting to forums and facebook.

    The courtroom is the money machines brain, it's there to make as much as it can and does daily because we allow it to interpret the law as it sees fit. The supreme court is no better. They have been bought a long time ago and until we start doing terms like we do with presidents, the same people making the same bad decisions will always favor to their side to keep that money making machine well oiled. Greed is funny like that.

    Quote Originally Posted by Krisi View Post
    I can't prove it, but I'll bet that one has already been through the Supreme Court. Police have been doing this for years. You may believe DUI checkpoints are illegal, but the police and the courts don't really care what you believe.
    That is absolutely true. They don't care. never have, never will. Protect and serve now means, protect our money, serve many tickets to keep it flowing. The supreme court have made many judgements well beyond the DUI checks that were based upon their interpretation of what the law says, not by the actual wording of the law itself. It's a very crooked system, like going to a casino.


    Quote Originally Posted by Tracy Irving View Post
    Agree. Never surrender a right for a privilege. You have a right to travel but driving is a privilege (and needs a license). So, always travel, never drive. Make sure to exercise your right to remain in common law jurisdiction should the need arise.
    Uniform commercial code 102-7. In a nut shell it states that your not giving up your freedom of travel for a state sponsored privilege. It's tricky and takes a lot of work to actually use this in a court of law but it can be done, i know, I have. I actually had it stated on my license for years but now they won't issue you one if you put it on there.

    it's funny because some people will support these checks because they know how horrible drinking and driving is, the same people which will allow them to strip them of their rights because they will say "it's to protect the children" (which they use all the time if your paying attention). Like I stated above, I believe they can do some good, drunk drivers have no business behind the wheel and i support throwing them all in jail.

    My problem lies with all the obscure laws, ones that can be enforced without ever presenting them to society before enforcing them that they also take advantage of at these check points to make their "quotas". It's too wide of a drag net and i am positive that people are getting busted for things that have absolutely nothing to do with drinking and driving.

    A good example of how wide laws are: While cross dressing isn't illegal in any state (that I could find) indecent exposure is and is very common, so a cop at one of these check points COULD arrest you for that just solely based on his own bigotry. They could also arrest you under the "mask" law, which is very old but still on the books in all states which they could clump CDing under if they so chose.
    Flip Flops were made for Beaches & Bath Houses, We have neither in 2017. Lose the flip flops!

  8. #33
    Hellion on Heels Kayliedaskope's Avatar
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    Joanne, check the "Dumb Laws" thread. It's illegal to cross dress in Ironton, Ohio.

    https://www.crossdressers.com/forums...ctually-exist)

    Not that I think a lot of police officers are paying much attention to that particular law, but it IS still on the books.

  9. #34
    Gold Member Alice B's Avatar
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    Had that happen to me once. The first question I was asked was "have you been drinking". I replied "not yet". The officer said have a good evening and do not drink and drive and I was on my way. Never asked for my ID and showwed no response to my presenting as a female.

  10. #35
    Member Cherylgyno's Avatar
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    Dyann. Cross dressers are a part of training not only for cops but many other occupations. You did the right thing by not panicking. Had you panicked and fled the Cops would have caught you and charged you with eluding (wording varies by state and jurisdiction).

  11. #36
    Senior Member Tracy Irving's Avatar
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    Quote Originally Posted by Krisi View Post
    Legal advice on an Internet forum is worth exactly what you pay for it. Before following the above "advice", I would consult a real attorney.
    Thanks Krisi, that is good advice. I would always exercise due diligence if someone offered me free "advice".

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  12. #37
    Girl about Town Jodie_Lynn's Avatar
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    Well, if Honest Abe says it, it must be true!

    >snicker<
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  13. #38
    Member ambigendrous's Avatar
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    Quote Originally Posted by ~Joanne~ View Post
    ...They could also arrest you under the "mask" law, which is very old but still on the books in all states which they could clump CDing under if they so chose.
    Case in point: I read recently where deputies somewhere were harrassing motorcycle riders who were wearing full-face helmets because the visors were hiding the riders' faces. The legislators (don't recall if it was city, county, or state - sorry!) had to amend the "wearing a mask" law to fix the issue.
    Ambigendrous
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  14. #39
    Girl Power! CrossKimmy's Avatar
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    There could have been a Too Wong Foo moment there! Yikes!

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