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Car Forum / Driving, Maintenance, Tuning / Driving / January 2007

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Another Impoundment profit center

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Brent P - 19 Jan 2007 19:10 GMT
Another profit center for government thugs where the people are denied
anything close to due process or a fair trial.

http://www.thenewspaper.com/news/15/1555.asp

<...>
"Last January, an Arizona law took effect requiring police to seize the
vehicles of individuals accused -- but not convicted -- of certain
violations. Already at least two jurisdictions are generating millions in
revenue."
<...>
"In Tuscon, anyone who feels his car has been seized by police improperly
is limited to an "administrative hearing" before Tucson Police Sergeant
Christopher Andreacola. The hearing is held only after fees are paid and
after the car has been held for up to seven full days, excluding weekends
and holidays."
<...>
Arizona Revised Statutes
28-3511. Removal and immobilization or impoundment of vehicle

A. A peace officer shall cause the removal and either immobilization or
impoundment of a vehicle if the peace officer determines that a person is
driving the vehicle while any of the following applies:

1. The person's driving privilege is revoked for any reason.

2. The person's driving privilege is suspended because of a driving under
the influence conviction.

3. The person's driving privilege is suspended pursuant to the
department's action based on a previous conviction for a violation of
section 28-3473.

4. The person's driving privilege is suspended pursuant to section
28-3306, subsection A, paragraph 3.

5. According to department records the person has not ever been issued a
driver license or permit and the person does not produce evidence of a
driver license issued by another jurisdiction.

B. A peace officer shall cause the removal and impoundment of a vehicle
if the peace officer determines that a person is driving the vehicle and
if all of the following apply:

1. The person's driving privilege is canceled, suspended or revoked or
according to department records the person has not ever been issued a
driver license or permit and the person does not produce evidence of a
driver license issued by another jurisdiction.

2. The person is not in compliance with the financial responsibility
requirements of chapter 9, article 4 of this title.

3. The person is driving a vehicle that is involved in an accident that
results in either property damage or injury to or death of another person.

C. Except as provided in subsection D of this section, while a peace
officer has control of the vehicle the peace officer shall cause the
removal and either immobilization or impoundment of the vehicle if the
peace officer has probable cause to arrest the driver of the vehicle for
a violation of section 4-244, paragraph 33 or section 28-1382 or 28-1383.

D. A peace officer shall not cause the removal and either the
immobilization or impoundment of a vehicle pursuant to subsection C of
this section if either:

1. All of the following apply:

(a) The peace officer determines that the vehicle is currently registered
and that the driver or the vehicle is in compliance with the financial
responsibility requirements of chapter 9, article 4 of this title.

(b) The spouse of the driver is with the driver at the time of the arrest.

(c) The peace officer has reasonable grounds to believe that the spouse
of the driver:

(i) Has a valid driver license.

(ii) Is not impaired by intoxicating liquor, any drug, a vapor releasing
substance containing a toxic substance or any combination of liquor,
drugs or vapor releasing substances.

(iii) Does not have any spirituous liquor in the spouse's body if the
spouse is under twenty-one years of age.

(d) The spouse notifies the peace officer that the spouse will drive the
vehicle from the place of arrest to the driver's home or other place of
safety.

(e) The spouse drives the vehicle as prescribed by subdivision (d) of
this paragraph.

2. The vehicle is owned by the driver's parent or guardian and the peace
officer has probable cause to arrest the driver of the vehicle for a
violation of section 4-244, paragraph 33 but not for a violation of
section 28-1382 or 28-1383.

E. Except as otherwise provided in this article, a vehicle that is
removed and either immobilized or impounded pursuant to subsection A or B
or C of this section shall be immobilized or impounded for thirty days.
An insurance company does not have a duty to pay any benefits for charges
or fees for immobilization or impoundment.

F. The owner of a vehicle that is removed and either immobilized or
impounded pursuant to subsection A or B or C of this section, the spouse
of the owner and each person identified on the department's record with
an interest in the vehicle shall be provided with an opportunity for an
immobilization or poststorage hearing pursuant to section 28-3514.
...
28-3515. Unclaimed vehicles

If a claim has not been made for the return or possession of the vehicle
by a person legally entitled to the vehicle within thirty days after a
vehicle is impounded pursuant to this article, the person who has
possession of the vehicle shall submit an abandoned vehicle report as
provided in section 28-4838.

See also: http://www.azstarnet.com/metro/164956

------------------
MLOM - 19 Jan 2007 19:22 GMT
> Another profit center for government thugs where the people are denied
> anything close to due process or a fair trial.
[quoted text clipped - 13 lines]
> and holidays."
> <...>
<snip legal mumbo-jumbo>

Dang...this sounds like Aunt Judy's dream scenario.  Had to chuckle at
the use of the term "peace officer" (obvious oxymoron).  The chop shops
can easily stay in business with this situation.
Scott en Aztlán - 20 Jan 2007 03:43 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>Another profit center for government thugs where the people are denied
>anything close to due process or a fair trial.
>
>http://www.thenewspaper.com/news/15/1555.asp

The primary target of the AZ impoundment law is to get unlicensed and
uninsured wetback drivers off the roads. Now, I know your constant
fear is that such police powers will be twisted and abused in order to
f.ck with citizens and legal residents, but until I see that actually
happening I'm not going to get too upset about this.
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I'm a wreckless driver and damn proud of it!

Brent P - 20 Jan 2007 05:28 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 9 lines]
> f.ck with citizens and legal residents, but until I see that actually
> happening I'm not going to get too upset about this.

Tyranny starts by denying an undesirable population property rights, the
right to due process, innocent until proven guilty, etc and so forth.

The problem is, once you create such a population, a government can and
often does classify anyone it likes to be a member of that population.

As far as 'wetbacks' are concerned, I am sure they get a free pass as
practically always. (sure, maybe a thousand out of several million get
caught and sent back, but that's just token stuff for the headlines)
Scott en Aztlán - 20 Jan 2007 17:06 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
>> rec.autos.driving:
[quoted text clipped - 12 lines]
>Tyranny starts by denying an undesirable population property rights, the
>right to due process, innocent until proven guilty, etc and so forth.

What "due process" do you need? The law requires you to have a valid
driver's license with you when you drive. The law also required valid
proof of financial responsibility be in your car at all times. If a
cop asks you to produce it, and you can't, I don't need a court trial
to know you're guilty.

>The problem is, once you create such a population, a government can and
>often does classify anyone it likes to be a member of that population.

Irrelevant. These people are not having their cars impounded because
they are an undesirable population.

BTW, if someone gets into a collision and then leaves the scene
without exchanging ID and insurance information, the cops will impound
that person's car if they can find it. Is this "tyranny" as well? To
which "undesirable population" does a hit-and-run driver belong?

>As far as 'wetbacks' are concerned, I am sure they get a free pass as
>practically always. (sure, maybe a thousand out of several million get
>caught and sent back, but that's just token stuff for the headlines)

Clearly. But taking away their jalopies still helps. The immediate
benefit it that impounding a wetback's hunk of junk takes that unsafe,
gross polluting vehicle off the roads. And, since wetbacks are
typically very poor, they cannot just run right out and buy another
jalopy. This effectively takes one more incompetent, uninsured driver
off the roads for good (or at least a nice long time), enhancing
safety for you and me.
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Nate Nagel - 20 Jan 2007 17:21 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 21 lines]
> cop asks you to produce it, and you can't, I don't need a court trial
> to know you're guilty.

You've never left your house without your wallet?  I'd sure hate to lose
my car because I had a bout of forgetfulness on the way to the store.

>>The problem is, once you create such a population, a government can and
>>often does classify anyone it likes to be a member of that population.
>
> Irrelevant. These people are not having their cars impounded because
> they are an undesirable population.

Now you're contradicting your last post.

nate

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Scott en Aztlán - 21 Jan 2007 05:07 GMT
Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:

>>>Tyranny starts by denying an undesirable population property rights, the
>>>right to due process, innocent until proven guilty, etc and so forth.
[quoted text clipped - 6 lines]
>
>You've never left your house without your wallet?  

No. And I've never lost my keys, either, nor have I ever locked myself
out of any car or home.

>I'd sure hate to lose
>my car because I had a bout of forgetfulness on the way to the store.

If you are properly licensed, then either the cop could call in to his
dispatcher and "run" your license info, or, worst case, you could get
your car out of the impound after paying the appropriate fees. Such an
experience might just improve your memory, too. :)

>>>The problem is, once you create such a population, a government can and
>>>often does classify anyone it likes to be a member of that population.

>> Irrelevant. These people are not having their cars impounded because
>> they are an undesirable population.
>
>Now you're contradicting your last post.

In what way?
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Nate Nagel - 21 Jan 2007 11:43 GMT
> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>
[quoted text clipped - 29 lines]
>
> In what way?

Because in your previous post you explicitly stated that this law was
aimed at illegal immigrants who were an undesirable population.  Now
you're saying it's not.

nate

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Scott en Aztlán - 21 Jan 2007 16:21 GMT
Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:

>>>>Irrelevant. These people are not having their cars impounded because
>>>>they are an undesirable population.
[quoted text clipped - 6 lines]
>aimed at illegal immigrants who were an undesirable population.  Now
>you're saying it's not.

In addition to my earlier response which directly addresses your
question, I should also point out that even members of "desirable"
populations will have their cars impounded if they are driving without
a license and/or insurance. The cops don't care if you're a wetback or
a WASP - if you're driving without insurance, your vehicle WILL be
impounded.
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Nate Nagel - 21 Jan 2007 16:22 GMT
> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>
[quoted text clipped - 15 lines]
> a WASP - if you're driving without insurance, your vehicle WILL be
> impounded.

Having been through the "insurance compliance program" wringer that is
the Maryland MVA, I can state with certainty that they would have loved
to have impounded all my vehicles... even though I never actually broke
the law.  Their reporting system is so flawed that that could only end
badly.

nate

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Scott en Aztlán - 21 Jan 2007 18:50 GMT
Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:

>> In addition to my earlier response which directly addresses your
>> question, I should also point out that even members of "desirable"
[quoted text clipped - 8 lines]
>the law.  Their reporting system is so flawed that that could only end
>badly.

There is a system of checks and balances in place that will insure the
success (or elimination) of this system. It's called "voting."

You remember California governor Gray Davis, only the second governor
in US history to lose a recall election? The final nail in his
political coffin was his signing into law a bill that would have
allowed illegal aliens to have driver's licenses. The voters kicked
his pandering a.s to the curb, and his replacement immediately
repealed that legislation before it could take effect.

If the system in MD is as bad as you claim, then it won't be long
before a candidate comes along to reform it. That's the way our system
works.
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Matthew T. Russotto - 21 Jan 2007 19:43 GMT
>Having been through the "insurance compliance program" wringer that is
>the Maryland MVA, I can state with certainty that they would have loved
>to have impounded all my vehicles... even though I never actually broke
>the law.  Their reporting system is so flawed that that could only end
>badly.

They still probably want the $600+ "administrative fee" for the time
(a few days, IIRC) which elapsed between my insurance (and
registration) expiring and me sending my plates back when I moved to
Pennsylvania.  One of these days I should check my credit record and
see if they listed it.

Did I mention it was about a year after I sent the plates back that
they demanded the money.  Along with dire threats about "suspending my
registration"?  After a few of those (including one indicating my
long-since-expired registration was now suspended) they just gave up.

Makes no sense.  Yep, they're screwed up all right.  I'm not sure if
the car in question is still in service (I doubt it), but if they
start an impound program maybe I should try to track it down once it's
crushed and have the cube delivered to them...
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Jim Yanik - 21 Jan 2007 18:28 GMT
>> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>>
[quoted text clipped - 37 lines]
>
> nate

It's not always an illegal immigrant that's driving w/o valid license or
insurance.
Convicted DUI drivers often do it. Plain ol' poor people do it.

Signature

Jim Yanik
jyanik
at
kua.net

Brent P - 21 Jan 2007 02:51 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 20 lines]
> cop asks you to produce it, and you can't, I don't need a court trial
> to know you're guilty.

Judge Dread being just fine with you. Cop pulls you over in your fancy
corvette, declares you blew a .16 and takes your corvette for suspicion
of drunk driving. Your corvette gets 'lost' in the impound system or the
tow drivers have some fun before you can get out of jail and get it back.
How does that settle with you? You cannot take property just for being
accused.

>>The problem is, once you create such a population, a government can and
>>often does classify anyone it likes to be a member of that population.

> Irrelevant. These people are not having their cars impounded because
> they are an undesirable population.

Read your post again. You clearly say it's fair because they are an
undesirable population.

> BTW, if someone gets into a collision and then leaves the scene
> without exchanging ID and insurance information, the cops will impound
> that person's car if they can find it. Is this "tyranny" as well? To
> which "undesirable population" does a hit-and-run driver belong?

I've never heard of any such thing. Usually they arrest the person and
hold him until he can produce bail. And yes, it is tyranny when the
government can impose penalties *before* trial. But the nonsense that
driving is a priviledge has led us to this.

>>As far as 'wetbacks' are concerned, I am sure they get a free pass as
>>practically always. (sure, maybe a thousand out of several million get
>>caught and sent back, but that's just token stuff for the headlines)

> Clearly. But taking away their jalopies still helps. The immediate
> benefit it that impounding a wetback's hunk of junk takes that unsafe,
[quoted text clipped - 3 lines]
> off the roads for good (or at least a nice long time), enhancing
> safety for you and me.

If they are illegal aliens send them back from where they came. Secure the
border. Problem solved.

If they aren't sent back, they'll just borrow a car from one the other 15
guys they share a house with until they can buy another.
Scott en Aztlán - 21 Jan 2007 05:21 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
>> rec.autos.driving:
[quoted text clipped - 24 lines]
>Judge Dread being just fine with you. Cop pulls you over in your fancy
>corvette, declares you blew a .16

Total f.cking strawman.

>>>The problem is, once you create such a population, a government can and
>>>often does classify anyone it likes to be a member of that population.
[quoted text clipped - 4 lines]
>Read your post again. You clearly say it's fair because they are an
>undesirable population.

No, I say it's fair because it removes scofflaws who are incompetent
and uninsured from public roads.

>> BTW, if someone gets into a collision and then leaves the scene
>> without exchanging ID and insurance information, the cops will impound
>> that person's car if they can find it. Is this "tyranny" as well? To
>> which "undesirable population" does a hit-and-run driver belong?
>
>I've never heard of any such thing.

It's the law in California:

http://dmv.ca.gov/pubs/vctop/d11/vc22655.htm

Impounding Vehicle for Investigation

22655.   (a) When any peace officer, as that term is defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the
Penal Code or any regularly employed and salaried employee who is
engaged in directing traffic or enforcing parking statutes and
regulations, has reasonable cause to believe that a motor vehicle on a
highway or on private property open to the general public onto which
the public is explicitly or implicitly invited, located within the
territorial limits in which the officer is empowered to act, has been
involved in a hit-and-run accident, and the operator of the vehicle
has failed to stop and comply with Sections 20002 to 20006, inclusive,
the officer may remove the vehicle from the highway or from public or
private property for the purpose of inspection.
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Brent P - 21 Jan 2007 06:02 GMT
>>Judge Dread being just fine with you. Cop pulls you over in your fancy
>>corvette, declares you blew a .16

> Total f.cking strawman.

Not at all. You're acting in favor of cops on the spot, without trial
taking people's property because they are declared by the cop to be
inresponsible or drunk drivers. It's judge dread. I've met cops who have
a very poor understanding of the law, like the ones who told me I
couldn't bike on the roadway... I've come across dishonest cops as well.
They exist and you want them to have power to impose punishment.

Did you read that the kangaroo court that one appeals to is run by a cop?
So the cop stops the person, charges him, punishes him, and another cop
will hear the appeal. That's not due process.

>>> they are an undesirable population.

>>Read your post again. You clearly say it's fair because they are an
>>undesirable population.

> No, I say it's fair because it removes scofflaws who are incompetent
> and uninsured from public roads.

So says the judge-jury-and-excutioner cop. What if it's just an error in
the motor vehicle database?  I happen to share my name with a few people
in this world, including a former NHL player, I could easily be run in
because of my shared name because some minimum wage data entry flunky
screwed up. When I worked for a big corporation it happened frequently,
so why should I expect government to work better? A big corporation where
we all were indentifed by name and NUMBER just like a DL and they would
f.ck it up.
Matthew T. Russotto - 21 Jan 2007 04:06 GMT
>What "due process" do you need? The law requires you to have a valid
>driver's license with you when you drive. The law also required valid
>proof of financial responsibility be in your car at all times. If a
>cop asks you to produce it, and you can't, I don't need a court trial
>to know you're guilty.

The court trial prior to punishment is the due process which is
lacking.  "He's guilty, and I know it, burn him" is not due process.

>Irrelevant. These people are not having their cars impounded because
>they are an undesirable population.

You've stated in a previous post that this is indeed the purpose of
the law.
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Scott en Aztlán - 21 Jan 2007 05:34 GMT
russotto@grace.speakeasy.net (Matthew T. Russotto) said in
rec.autos.driving:

>>Irrelevant. These people are not having their cars impounded because
>>they are an undesirable population.
>
>You've stated in a previous post that this is indeed the purpose of
>the law.

The purpose of the law is to get irresponsible and incompetent drivers
off the roads. It just so happens that the most common offenders
happen to be wetbacks.
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Brent P - 21 Jan 2007 05:55 GMT
> russotto@grace.speakeasy.net (Matthew T. Russotto) said in
> rec.autos.driving:
[quoted text clipped - 8 lines]
> off the roads. It just so happens that the most common offenders
> happen to be wetbacks.

Make aunt judy the cop and you the person 'it' pulls over. Those tow
hooks and the impound yard I am sure will be kind to your vette.
Scott en Aztlán - 21 Jan 2007 16:23 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> The purpose of the law is to get irresponsible and incompetent drivers
>> off the roads. It just so happens that the most common offenders
>> happen to be wetbacks.
>
>Make aunt judy the cop and you the person 'it' pulls over. Those tow
>hooks and the impound yard I am sure will be kind to your vette.

LOL!! I'll take the risk. Aunt Judy wouldn't last 24 hours as a cop.
Heck, he wouldn't even make it through the police academy.
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Matthew T. Russotto - 21 Jan 2007 19:13 GMT
>russotto@grace.speakeasy.net (Matthew T. Russotto) said in
>rec.autos.driving:
[quoted text clipped - 8 lines]
>off the roads. It just so happens that the most common offenders
>happen to be wetbacks.

You already showed your hand; it's too late to bluff.

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Scott en Aztlán - 21 Jan 2007 21:53 GMT
russotto@grace.speakeasy.net (Matthew T. Russotto) said in
rec.autos.driving:

>>russotto@grace.speakeasy.net (Matthew T. Russotto) said in
>>rec.autos.driving:
[quoted text clipped - 10 lines]
>
>You already showed your hand; it's too late to bluff.

No need to bluff - the truth is my defense.
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Nate Nagel - 20 Jan 2007 11:19 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 9 lines]
> f.ck with citizens and legal residents, but until I see that actually
> happening I'm not going to get too upset about this.

Of course that's what it's *designed* for, just like certain laws to
help the War On Some Drugs and to fight the eeevil turrists...

I personally would be livid if this happened in my area and am a little
annoyed that it's happening anywhere in the US.

nate

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Scott en Aztlán - 20 Jan 2007 17:15 GMT
Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:

>I personally would be livid if this happened in my area and am a little
>annoyed that it's happening anywhere in the US.

How livid would you be if one of these unlicensed, uninsured scumbags
ran into YOUR car? How much more livid would you be if you found out
that he had a string of previous collisions but nothing was done to
get his unsafe a.s off the roads?
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Nate Nagel - 20 Jan 2007 17:23 GMT
> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>
[quoted text clipped - 5 lines]
> that he had a string of previous collisions but nothing was done to
> get his unsafe a.s off the roads?

I don't have a problem if someone's vehicle is impounded due to being
convicted of a crime.  I have a real problem with vehicles being
impounded on SUSPICION of a crime.  This sounds a lot like the seizures
done in the name of the War On Some Drugs and we all know there were
gross abuses there.

To answer your question, I would be LESS outraged than I am at this
asinine, unConstitutional law.

nate

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Scott en Aztlán - 21 Jan 2007 05:36 GMT
Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:

>>>I personally would be livid if this happened in my area and am a little
>>>annoyed that it's happening anywhere in the US.
[quoted text clipped - 6 lines]
>I don't have a problem if someone's vehicle is impounded due to being
>convicted of a crime.

What if their vehicle is impounded during the INVESTIGATION of a
crime?

>To answer your question, I would be LESS outraged than I am at this
>asinine, unConstitutional law.

Then I'll ask you the same question I asked Brent: are you also
outraged at CVC 22655a, the law that allows your vehicle to be
impounded during the investigation o0f a hit-and-run? If not, why not?
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Brent P - 21 Jan 2007 06:03 GMT
> Then I'll ask you the same question I asked Brent: are you also
> outraged at CVC 22655a, the law that allows your vehicle to be
> impounded during the investigation o0f a hit-and-run? If not, why not?

I didn't read it, but without a warrant it's a violation of the Bill of
Rights.
Scott en Aztlán - 21 Jan 2007 16:29 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> Then I'll ask you the same question I asked Brent: are you also
>> outraged at CVC 22655a, the law that allows your vehicle to be
>> impounded during the investigation of a hit-and-run? If not, why not?
>
>I didn't read it, but without a warrant it's a violation of the Bill of
>Rights.

I suspect "probable cause" applies to these cases. The cop arrives on
the scene of a collision to find a damaged car and a bunch of
witnesses who report that "the offender fled the scene and here is his
license number" - then he finds your car with that license plate and
compatible damage parked in front of your house with the engine still
warm. He knocks on your door but you don't answer, so he calls for a
tow truck and hauls your vehicle to the impound as evidence in his
hit-and-run investigation.
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I'm a wreckless driver and damn proud of it!

Brent P - 21 Jan 2007 18:24 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 14 lines]
> tow truck and hauls your vehicle to the impound as evidence in his
> hit-and-run investigation.

Probable cause is insufficent to come on to one's property or enter one's
garage. Wake a judge and get a warrant.
Scott en Aztlán - 21 Jan 2007 18:52 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>Probable cause is insufficent to come on to one's property or enter one's
>garage.

Not in C(r)ook County...

Also, if your vehicle is parked on a public street, it's fair game.
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Brent P - 21 Jan 2007 19:30 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 3 lines]
>
> Not in C(r)ook County...

Then you understand where I am coming from.
Nate Nagel - 21 Jan 2007 11:42 GMT
> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>
[quoted text clipped - 11 lines]
> What if their vehicle is impounded during the INVESTIGATION of a
> crime?

Only if said vehicle is evidence.

>>To answer your question, I would be LESS outraged than I am at this
>>asinine, unConstitutional law.
>
> Then I'll ask you the same question I asked Brent: are you also
> outraged at CVC 22655a, the law that allows your vehicle to be
> impounded during the investigation o0f a hit-and-run? If not, why not?

It makes me a little nervous.  What's to keep someone from saying that I
hit them and ran even if I didn't?

nate

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Scott en Aztlán - 21 Jan 2007 16:33 GMT
Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:

>> Then I'll ask you the same question I asked Brent: are you also
>> outraged at CVC 22655a, the law that allows your vehicle to be
>> impounded during the investigation o0f a hit-and-run? If not, why not?
>
>It makes me a little nervous.  What's to keep someone from saying that I
>hit them and ran even if I didn't?

What's to stop you from being arrested if I call the cops and say you
beat me up?

Anybody can make any claim they want. The cops won't actually impound
your vehicle unless there is some kind of evidence that substantiates
the claim of a hit-and-run.
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Nate Nagel - 21 Jan 2007 16:52 GMT
> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>
[quoted text clipped - 11 lines]
> your vehicle unless there is some kind of evidence that substantiates
> the claim of a hit-and-run.

I don't believe that for a second.  IMHO at least half of all cops are
lying sacks of crap that will make something up to improve their record.

nate

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Jim Yanik - 21 Jan 2007 18:31 GMT
>> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>>
[quoted text clipped - 18 lines]
>
> nate

How often are vehicles impounded for "hit and run"?
(compared to operation w/o license or insurance,DUI operation,or drug
transport)

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Jim Yanik
jyanik
at
kua.net

Nate Nagel - 21 Jan 2007 19:01 GMT
>>>Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>>>
[quoted text clipped - 22 lines]
> (compared to operation w/o license or insurance,DUI operation,or drug
> transport)

I honestly don't know; but I have heard lots of stories about vehicles
being impounded and never returned due to some very tenuous connection
to suspected drug activity.

nate

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Jim Yanik - 21 Jan 2007 23:36 GMT
>>>>Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>>>>
[quoted text clipped - 28 lines]
>
> nate


The same has happened for substantial sums of cash.
And the owner has to prove his money is not ill-gotten gains,the police
don't have to prove anything.

Heck,anyone can toss a MJ seed or roach into your car and if you get
stopped,there goes your car,if it's of any value.
Conceivably,you could even carry a MJ seed into it on your shoe soles.

But if you're stopped while driving WITHOUT a valid license or
insurance,it's a no-brainer.
It's your responsibility to be able to produce the documents if operating
the vehicle.
Police cannot even identify you without the license;you could be anybody,a
wanted felon,al-Qaida...at least the vehicle registration can be verified.

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Jim Yanik
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at
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Brent P - 21 Jan 2007 23:44 GMT
> But if you're stopped while driving WITHOUT a valid license or
> insurance,it's a no-brainer.
> It's your responsibility to be able to produce the documents if operating
> the vehicle.

And you have all your papers in order and show them to the officer to
pass through the checkpoint but the cop runs them through his SCMODS
(blues brothers reference) and it shows your license is suspended. It
isn't, you haven't had even had ticket for 10+ years, in fact you just
renewed your license last month. Now your car is taken from you.

> Police cannot even identify you without the license;you could be anybody,a
> wanted felon,al-Qaida...at least the vehicle registration can be verified.

There's no such thing as fake licenses.... I should have one of those
'novelity' licenses made up in the name of elwood blues, with elwood's DL
number and the address in the book (a side address for wrigley field, not
1060 w. addison)
Scott en Aztlán - 22 Jan 2007 02:22 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> But if you're stopped while driving WITHOUT a valid license or
>> insurance,it's a no-brainer.
[quoted text clipped - 6 lines]
>isn't, you haven't had even had ticket for 10+ years, in fact you just
>renewed your license last month. Now your car is taken from you.

Yep - everybody is just a few keystrokes in a police database away
from becoming a wanted felon. We all saw it happen to Sandra Bullock
in "The Net" so it must be both commonplace and very easy to do.
Signature

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Brent P - 22 Jan 2007 02:45 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 13 lines]
> from becoming a wanted felon. We all saw it happen to Sandra Bullock
> in "The Net" so it must be both commonplace and very easy to do.

Ticket payments do get lost in the system. You know what happens
if they don't think you paid... suspended license... get pulled over and
they impound your car because of the suspended license for the ticket you
paid.
Scott en Aztlán - 22 Jan 2007 15:24 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> Yep - everybody is just a few keystrokes in a police database away
>> from becoming a wanted felon. We all saw it happen to Sandra Bullock
>> in "The Net" so it must be both commonplace and very easy to do.
>
>Ticket payments do get lost in the system. You know what happens
>if they don't think you paid...

Yeah - you show them the cancelled check and your receipt and they
correct their records.
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Brent P - 22 Jan 2007 16:39 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 8 lines]
> Yeah - you show them the cancelled check and your receipt and they
> correct their records.

If AZ is like IL, only if you get lucky and they are nice.
Meanwhile your car was taken and you had to pay all those fines and fees.
No refund, the penalties from the error isn't their fault.

BTW I can tell it's been a long time since you lived in IL. In IL, if
government makes an error, it's *YOUR* problem and you have to deal with
the consquences of their error as if it was yours.
Scott en Aztlán - 21 Jan 2007 18:55 GMT
Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:

>>>>Then I'll ask you the same question I asked Brent: are you also
>>>>outraged at CVC 22655a, the law that allows your vehicle to be
[quoted text clipped - 9 lines]
>I don't believe that for a second.  IMHO at least half of all cops are
>lying sacks of crap that will make something up to improve their record.

In which case, they don't need this law; if they want to f.ck with
you, they will f.ck with you.

OBTW, how do you guys feel about the cops impounding cars that are
parked on the wrong side of the street on street cleaning or snow
plowing day? Is that outrageous and unconstitutional, as well?
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I'm a wreckless driver and damn proud of it!

Jim Yanik - 21 Jan 2007 18:26 GMT
>> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>>
[quoted text clipped - 13 lines]
>
> Only if said vehicle is evidence.

how about if the vehicle is being USED in a crime?
(the crime being operation of a MV without valid license or insurance)

Vehicles often are impounded if being used to tranport illegal drugs.
("illegal" cash tranport is another thing,as it's the State's job to prove
the cash is "illegal",NOT the owner's job to prove it's legal)

Signature

Jim Yanik
jyanik
at
kua.net

Brent P - 21 Jan 2007 02:44 GMT
> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>
>>I personally would be livid if this happened in my area and am a little
>>annoyed that it's happening anywhere in the US.

> How livid would you be if one of these unlicensed, uninsured scumbags
> ran into YOUR car? How much more livid would you be if you found out
> that he had a string of previous collisions but nothing was done to
> get his unsafe a.s off the roads?

The cops aren't doing anything to get them off the road. They'll just buy
another beater and be back on the road.

The people who will suffer under it will most likely be those who cannot
afford to fight and have too much in their cars to say 'f.ck it' and buy
another. These people many times will be those who's records got lost in the
system and other such non-crimes.

Now, how would you like it if such laws prove successful and they start
using them against 'speeders'? Remember, the cops will have an inside
track on the cars from the impound. One might fancy a corvette. One that
will mistakenly have paperwork that shows it was disposed of.... one that
just disappears into the system.
Scott en Aztlán - 21 Jan 2007 05:38 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> Nate Nagel <njnagel@flycast.net> said in rec.autos.driving:
>>
[quoted text clipped - 8 lines]
>The cops aren't doing anything to get them off the road. They'll just buy
>another beater and be back on the road.

Yeah, those wealthy wetbacks can just dip into petty cash and go buy
themselves another Range Rover.

>The people who will suffer under it will most likely be those who cannot
>afford to fight and have too much in their cars to say 'f.ck it' and buy
>another.

You have just described the typical wetback.
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Brent P - 21 Jan 2007 06:05 GMT
>>The cops aren't doing anything to get them off the road. They'll just buy
>>another beater and be back on the road.

> Yeah, those wealthy wetbacks can just dip into petty cash and go buy
> themselves another Range Rover.

You'd be surprised. Maybe just steal one.

>>The people who will suffer under it will most likely be those who cannot
>>afford to fight and have too much in their cars to say 'f.ck it' and buy
>>another.

> You have just described the typical wetback.

'wetbacks' don't have to fight, they are special.
Scott en Aztlán - 21 Jan 2007 16:40 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>>>The cops aren't doing anything to get them off the road. They'll just buy
>>>another beater and be back on the road.
[quoted text clipped - 3 lines]
>
>You'd be surprised. Maybe just steal one.

How dare you imply that these hard-working immigrants are criminals!!!

>>>The people who will suffer under it will most likely be those who cannot
>>>afford to fight and have too much in their cars to say 'f.ck it' and buy
[quoted text clipped - 3 lines]
>
>'wetbacks' don't have to fight, they are special.

Yeah, they have a lot of bleeding hearts all weepy for their "rights."
THAT'S what you should be getting angry about, not this very
common-sense and practical impoundment law.
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Brent P - 21 Jan 2007 18:31 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 8 lines]
>
> How dare you imply that these hard-working immigrants are criminals!!!

You did that all on your own.

>>>>The people who will suffer under it will most likely be those who cannot
>>>>afford to fight and have too much in their cars to say 'f.ck it' and buy
[quoted text clipped - 3 lines]
>>
>>'wetbacks' don't have to fight, they are special.

> Yeah, they have a lot of bleeding hearts all weepy for their "rights."
> THAT'S what you should be getting angry about, not this very
> common-sense and practical impoundment law.

Illegal aliens have become in part, a mechanism to get people in the USA to
willingly give up their rights and give the government tools they can
apply to citizens. You are falling for it hook line and sinker.
Scott en Aztlán - 21 Jan 2007 18:58 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
>> rec.autos.driving:
[quoted text clipped - 10 lines]
>
>You did that all on your own.

[Closed Captioning: I was being facetious.]

I didn't - THEY did. They had to commit criminal acts in order to get
here, so they are criminals not by implication but by definition.

>Illegal aliens have become in part, a mechanism to get people in the USA to
>willingly give up their rights and give the government tools they can
>apply to citizens. You are falling for it hook line and sinker.

We'll see.
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Brent P - 21 Jan 2007 19:31 GMT
>>Illegal aliens have become in part, a mechanism to get people in the USA to
>>willingly give up their rights and give the government tools they can
>>apply to citizens. You are falling for it hook line and sinker.

> We'll see.

I've already seen it. Pay attention to what government is doing and
trying to do.
Scott en Aztlán - 21 Jan 2007 19:01 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>Illegal aliens have become in part, a mechanism to get people in the USA to
>willingly give up their rights and give the government tools they can
>apply to citizens.

Now just hold on thar, Hoss!

What "rights" am I giving up? The "right" to drive around without a
license or insurance? Seems to me as long as I don't break any laws my
vehicle is not going to get impounded. Do you think citizens should
have the right to break the law without consequences?
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I'm a wreckless driver and damn proud of it!

Brent P - 21 Jan 2007 19:38 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 9 lines]
> vehicle is not going to get impounded. Do you think citizens should
> have the right to break the law without consequences?

What rights? The right to due process, the right of not being subject to
unreasonable search and seizure, the right to be secure in one's papers
and possessions. And that's just with the topic in this thread.

Break laws without consquences? I am sure you broke several already
today. All I've done today thus far is laundry, but there's probably some law
about how I added the laundry soap that wasn't followed to the letter.

Most people can't make it through the day without breaking laws.
It's not that they are bad people or anything like that, it's that this
society has so many ticky-tacky laws that are selectively enforced nobody
can possibly know them all and it would be impractical to obey them all.
When you take a law-and-order stance like above, be aware that someone
could decide to make some nonsenical law that practically nobody obeys
have serious consquences.
Scott en Aztlán - 21 Jan 2007 22:06 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
>> rec.autos.driving:
[quoted text clipped - 11 lines]
>
>What rights? The right to due process

Perhaps you're talking about the 14th amendment? Better read it again
- especially the part about CITIZENS.

>Break laws without consquences? I am sure you broke several already
>today. All I've done today thus far is laundry, but there's probably some law
>about how I added the laundry soap that wasn't followed to the letter.
>
>Most people can't make it through the day without breaking laws.

And that makes it OK?

We're not talking about piddly stuff like using the wrong laundry
detergent - we're talking about irresponsible people who get into
traffic collisions, cause physical harm and/or quantifiable financial
loss to other people, and don't have the desire or the ability to
compensate their victims.

I bet your tune would change if one of these uninsured drivers were to
total your car and/or kill someone you care about.
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Brent P - 21 Jan 2007 22:42 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 14 lines]
>>
>>What rights? The right to due process

> Perhaps you're talking about the 14th amendment? Better read it again
> - especially the part about CITIZENS.

I tend to stick with the first ten. And there you are with the special
class portion, there is nothing about citizens or non-citizens about the
impoundent law anyway.

>>Break laws without consquences? I am sure you broke several already
>>today. All I've done today thus far is laundry, but there's probably some law
>>about how I added the laundry soap that wasn't followed to the letter.

>>Most people can't make it through the day without breaking laws.

> And that makes it OK?

It makes your the hell-with-due-process-because-they-broke-the-law
argument a pile stinking dung.

> We're not talking about piddly stuff like using the wrong laundry
> detergent - we're talking about irresponsible people who get into
> traffic collisions, cause physical harm and/or quantifiable financial
> loss to other people, and don't have the desire or the ability to
> compensate their victims.

We are talking about people pulled over by police who may or may not be
guilty being penalized without trial. Their only 'crime' might be not
knowing about a data entry error at the state DMV or SOS office.

> I bet your tune would change if one of these uninsured drivers were to
> total your car and/or kill someone you care about.

You're sounding more and more like Carl and Judy. replace "uninsured
drivers" with "speeders" or "speedidiots"

Making us all subject to the whims of government and its thugs will not
make us safe or even safer. The random irresponsible citizen I consider
to be far less a danger than the certainity of power resulting in
corruption.
Scott en Aztlán - 22 Jan 2007 02:33 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
>> rec.autos.driving:
[quoted text clipped - 14 lines]
>> Perhaps you're talking about the 14th amendment? Better read it again
>> - especially the part about CITIZENS.

>And there you are with the special
>class portion, there is nothing about citizens or non-citizens about the
>impoundent law anyway.

I just threw that in as an aside to remind you that the Constitution
only guarantees certain rights to citizens of the US.

>We are talking about people pulled over by police who may or may not be
>guilty being penalized without trial.

Hate to break this to ya, Brent, but this happens EVERY DAY. If you
are suspected of a crime, they arrest you and put you in jail. Your
liberty is taken away from you BEFORE your trial. Offhand, I'd rather
have my car impounded for a few days than spend the weekend in jail.

In either case, once your trial is over and you have proven your
innocence, your [freedom | vehicle] is returned to you.

>> I bet your tune would change if one of these uninsured drivers were to
>> total your car and/or kill someone you care about.
>
>You're sounding more and more like Carl and Judy.

And you're sounding more and more like a conspiracy nut.
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Brent P - 22 Jan 2007 02:48 GMT
> I just threw that in as an aside to remind you that the Constitution
> only guarantees certain rights to citizens of the US.

And in recent years, the government can now just say you aren't a citizen
and go about running roughshod over your rights.
 
>>We are talking about people pulled over by police who may or may not be
>>guilty being penalized without trial.

> Hate to break this to ya, Brent, but this happens EVERY DAY. If you
> are suspected of a crime, they arrest you and put you in jail. Your
> liberty is taken away from you BEFORE your trial. Offhand, I'd rather
> have my car impounded for a few days than spend the weekend in jail.

Hate to break it to you scott, but you aren't fined or executed until
trial is over... well until now.

> In either case, once your trial is over and you have proven your
> innocence, your [freedom | vehicle] is returned to you.

Read it over again scott. You pay the penalty then appeal to a cop at an
adminstrative hearing. There is no trial unless the citizen keeps pushing
it at great cost. That's why it's shakedown, a profit center.

>>> I bet your tune would change if one of these uninsured drivers were to
>>> total your car and/or kill someone you care about.

>>You're sounding more and more like Carl and Judy.

> And you're sounding more and more like a conspiracy nut.

So you trust the cops eh scott? When did you start obeying nonsenical
interstate speed limits?
Scott en Aztlán - 22 Jan 2007 15:29 GMT
tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
rec.autos.driving:

>> I just threw that in as an aside to remind you that the Constitution
>> only guarantees certain rights to citizens of the US.
>
>And in recent years, the government can now just say you aren't a citizen
>and go about running roughshod over your rights.

Cite even ONE example.
 
>> In either case, once your trial is over and you have proven your
>> innocence, your [freedom | vehicle] is returned to you.
>
>Read it over again scott. You pay the penalty then appeal to a cop at an
>adminstrative hearing. There is no trial unless the citizen keeps pushing
>it at great cost. That's why it's shakedown, a profit center.

Then so is being towed for parking on a snow route, or being towed (or
Denver Booted) because of too many unpaid parking tickets, or being
towed because you left your car parked along the side of the
Interstate for too long (even after they slapped that big orange
sticker on the window), or parking in a fire lane, or any of a
thousand other reasons why the authorities might tow your car to the
impound.

>>>> I bet your tune would change if one of these uninsured drivers were to
>>>> total your car and/or kill someone you care about.
[quoted text clipped - 4 lines]
>
>So you trust the cops eh scott?

I don't think that ALL cops are out to get me. I do believe that some
fines are actually intended to be deterrents and punishments rather
than just a revenue grab.
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Brent P - 22 Jan 2007 16:45 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:
[quoted text clipped - 6 lines]
>
> Cite even ONE example.

Jose Padia (sp?) is the most well known.

>>> In either case, once your trial is over and you have proven your
>>> innocence, your [freedom | vehicle] is returned to you.

>>Read it over again scott. You pay the penalty then appeal to a cop at an
>>adminstrative hearing. There is no trial unless the citizen keeps pushing
>>it at great cost. That's why it's shakedown, a profit center.

> Then so is being towed for parking on a snow route, or being towed (or
> Denver Booted) because of too many unpaid parking tickets, or being
[quoted text clipped - 3 lines]
> thousand other reasons why the authorities might tow your car to the
> impound.

Irrelevant. When they come on to your property and take your car then you
have a parallel. Or maybe the chicago practice of conflicting signs,
hidden signs, and signs 20+ feet up on the light poles.
 
>>>>> I bet your tune would change if one of these uninsured drivers were to
>>>>> total your car and/or kill someone you care about.
[quoted text clipped - 4 lines]
>>
>>So you trust the cops eh scott?

> I don't think that ALL cops are out to get me. I do believe that some
> fines are actually intended to be deterrents and punishments rather
> than just a revenue grab.

The have the trial *FIRST*
Matthew T. Russotto - 22 Jan 2007 02:17 GMT
>tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
>rec.autos.driving:

>>What rights? The right to due process
>
>Perhaps you're talking about the 14th amendment? Better read it again
>- especially the part about CITIZENS.

Fifth Amendment.

>>Most people can't make it through the day without breaking laws.
>
>And that makes it OK?

That shows there's a prolem with the law.
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Arif Khokar - 21 Jan 2007 19:39 GMT
> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
> rec.autos.driving:

>> Illegal aliens have become in part, a mechanism to get people in the USA to
>> willingly give up their rights and give the government tools they can
>> apply to citizens.

> What "rights" am I giving up?

The right to due process.  There's a reason we have *three* branches of
government, not just two.
Jim Yanik - 21 Jan 2007 23:45 GMT
>> tetraethylleadREMOVETHIS@yahoo.com (Brent P) said in
>> rec.autos.driving:
[quoted text clipped - 7 lines]
> The right to due process.  There's a reason we have *three* branches
> of government, not just two.

So,if you are stopped while operating a MV,and cannot produce the REQUIRED
documents,then you -and your vehicle- can be held until you show you have a
valid license and current insurance. You have commmitted a crime in not
having the REQUIRED documents. But the police do not have to keep YOU in
jail while the docs are obtained,but they can keep the vehicle to prevent
it's REUSE in the crime of illegal operation on public ways(that endangers
the public).Just like they can jail a suspect caught in the commission of
other crimes;they don't have to go immediately before a court to prove the
crime was committed.

It IS *your responsibility* to have the documents to present upon request.
(while operating a MV)

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Jim Yanik
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at
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Brent P - 22 Jan 2007 00:16 GMT
> It IS *your responsibility* to have the documents to present upon request.
> (while operating a MV)

Or flying, or taking the train, or a passenger in a car, or going into a
bar, or just walking about.

But while there may be reason to hold the vehicle, the penalties are now
imposed before _trial_. The accused offender, even if guilty, can pay the
penalties and be back on the road in a day or so. It's a profit center
for government.
Arif Khokar - 22 Jan 2007 06:10 GMT
>> The right to due process.  There's a reason we have *three* branches
>> of government, not just two.

> So,if you are stopped while operating a MV,and cannot produce the REQUIRED
> documents,then you -and your vehicle- can be held until you show you have a
[quoted text clipped - 3 lines]
> it's REUSE in the crime of illegal operation on public ways(that endangers
> the public).

The driver is the one who committed the crime, not the vehicle.  If
anyone should be detained, it's the driver.  Typically, the driver is
released on cash bond or personal recognizance until the date of the
trial.  If the driver pleads guilty, then any penalties specified by law
or enumerated by the judge are carried out.

That doesn't mean that penalties should be assessed/carried out before
the driver is made aware of the charges and has a chance to contest it
in court.

The following article illustrates why we should not give up the right to
due process: http://www.consortiumnews.com/2007/011807.html
Scott en Aztlán - 22 Jan 2007 15:33 GMT
Arif Khokar <akhokar1234@wvu.edu> said in rec.autos.driving:

>>> The right to due process.  There's a reason we have *three* branches
>>> of government, not just two.
[quoted text clipped - 8 lines]
>
>The driver is the one who committed the crime, not the vehicle.

What a ridiculous argument.

>That doesn't mean that penalties should be assessed/carried out before
>the driver is made aware of the charges and has a chance to contest it
>in court.

Impounding the car is not the punishment - it's part of the due
process.
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I'm a wreckless driver and damn proud of it!

Arif Khokar - 22 Jan 2007 15:44 GMT
> Arif Khokar <akhokar1234@wvu.edu> said in rec.autos.driving:

>> The driver is the one who committed the crime, not the vehicle.

> What a ridiculous argument.

Then if there's such a danger, then they don't they detain the driver?

>> That doesn't mean that penalties should be assessed/carried out before
>> the driver is made aware of the charges and has a chance to contest it
>> in court.

> Impounding the car is not the punishment - it's part of the due
> process.

No it isn't.  Due process is being informed of the charges and having a
fair trial.
Scott en Aztlán - 23 Jan 2007 03:29 GMT
Arif Khokar <akhokar1234@wvu.edu> said in rec.autos.driving:

>>> The driver is the one who committed the crime, not the vehicle.
>
>> What a ridiculous argument.
>
>Then if there's such a danger, then they don't they detain the driver?

Who said they don't?

>>> That doesn't mean that penalties should be assessed/carried out before
>>> the driver is made aware of the charges and has a chance to contest it
[quoted text clipped - 4 lines]
>
>No it isn't.

Absolutely it is.

>Due process is being informed of the charges and having a
>fair trial.

Park your car on a snow route during a snowstorm and watch the "due
process." You don't get a fair trial prior to your car being impounded
for that, either, yet I don't hear you complaining about it.
Signature

I'm a wreckless driver and damn proud of it!

Jim Yanik - 23 Jan 2007 01:52 GMT
>>> The right to due process.  There's a reason we have *three* branches
>>> of government, not just two.
[quoted text clipped - 11 lines]
> released on cash bond or personal recognizance until the date of the
> trial.  

And if the unregistered/uninsured vehicle is still available,they often get
back in it and commit a second crime.I've seen a couple of TV news reports
on drivers with revoked licenses getting back behind the wheel after coming
from traffic court.DUI-convicted drivers often do the same.

> If the driver pleads guilty, then any penalties specified by
> law or enumerated by the judge are carried out.
>
> That doesn't mean that penalties should be assessed/carried out before
> the driver is made aware of the charges and has a chance to contest it
> in court.

That is like saying a suspect in an armed robbery should be given back
their gun once they are released on bond,before their court trial.

> The following article illustrates why we should not give up the right
> to due process: http://www.consortiumnews.com/2007/011807.html

Signature

Jim Yanik
jyanik
at
kua.net

Arif Khokar - 23 Jan 2007 02:21 GMT
>> The driver is the one who committed the crime, not the vehicle.  If
>> anyone should be detained, it's the driver.  Typically, the driver is
>> released on cash bond or personal recognizance until the date of the
>> trial.  

> And if the unregistered/uninsured vehicle is still available,they often get
> back in it and commit a second crime.

If the prosecutor and/or judge feel that the suspect is a threat to
society, they have the option to hold the suspect in jail until the date
of the trial.  That makes far more sense than allowing the suspect out
on bond and impounding his property (which he may or may not get back if
the charges are dropped or if he's acquitted).

>> That doesn't mean that penalties should be assessed/carried out before
>> the driver is made aware of the charges and has a chance to contest it
>> in court.

> That is like saying a suspect in an armed robbery should be given back
> their gun once they are released on bond,before their court trial.

See above.
Jim Yanik - 23 Jan 2007 03:31 GMT
>>> The driver is the one who committed the crime, not the vehicle.  If
>>> anyone should be detained, it's the driver.  Typically, the driver
[quoted text clipped - 7 lines]
> society, they have the option to hold the suspect in jail until the
> date of the trial.  

driving w/o license or lack of proof of insurance are not jailable
offences,thus you can't be jailed or detained for them.
"threat to society" or not.You just get a ticket to appear in court.
Thus the necessity of impounding the vehicle.

Besides,HOW can a judge determine that a person with no insurance or valid
DL will NOT get back into their vehicle and drive again?
Do you think they are mindreaders?

No rental agency will rent an auto to one with no valid license.
(which is easily verified)

> That makes far more sense than allowing the
> suspect out on bond and impounding his property (which he may or may
> not get back if the charges are dropped or if he's acquitted).

the property is that which was *used in a crime*.
Of course it can be impounded.And they SHOULDN'T get it back until they can
show a valid license,registration,and insurance within a reasonable time
frame.

>>> That doesn't mean that penalties should be assessed/carried out
>>> before the driver is made aware of the charges and has a chance to
[quoted text clipped - 5 lines]
>
> See above.

Signature

Jim Yanik
jyanik
at
kua.net

Brent P - 23 Jan 2007 04:30 GMT
> Besides,HOW can a judge determine that a person with no insurance or valid
> DL will NOT get back into their vehicle and drive again?
> Do you think they are mindreaders?

What judge? No judge is involved until the 2nd round of appeals. By then
the accused has paid up and has his car back or it has become property
of the government or it's contractors.

> the property is that which was *used in a crime*.

So says a cop. Could just be a paperwork error.

> Of course it can be impounded.And they SHOULDN'T get it back until they can
> show a valid license,registration,and insurance within a reasonable time
> frame.

From my reading, it's just that they pay. No trial, no judge.

How about if they started taking cars and holding them for speeding
tickets?
Arif Khokar - 24 Jan 2007 02:21 GMT
>> If the prosecutor and/or judge feel that the suspect is a threat to
>> society, they have the option to hold the suspect in jail until the
>> date of the trial.  

> driving w/o license or lack of proof of insurance are not jailable
> offences,thus you can't be jailed or detained for them.

Depends on the state.  States that decide to give defendants little to
no rights classify those crimes as infractions.  States, like mine,
consider this as a misdemeanor where the penalty can include jail time.
Jim Yanik - 24 Jan 2007 17:42 GMT
>>> If the prosecutor and/or judge feel that the suspect is a threat to
>>> society, they have the option to hold the suspect in jail until the
[quoted text clipped - 6 lines]
> no rights classify those crimes as infractions.  States, like mine,
> consider this as a misdemeanor where the penalty can include jail time.

"can" but doesn't(included jail time),except for repeat violators.
Even DUI offenders have multiple convictions and still get caught driving.

Impounding their autos is perfectly reasonable;sufficient cause.

Besides,it saves jail space for the worst criminals.

Interesting that you want to jail drivers for not having their
paperwork,but are against impounding their vehicle.

Signature

Jim Yanik
jyanik
at
kua.net

Brent P - 24 Jan 2007 18:33 GMT
> Interesting that you want to jail drivers for not having their
> paperwork,but are against impounding their vehicle.

It's the -without- trial part that I, and he have a problem with.

Plus see the followup with how one ends up with a suspended license in Az
to begin with... oh, you never got that photo enforcement ticket of the
driver that wasn't you in the car that isn't yours? Too bad, your license
is suspended and your car will be impounded.