Need Advice on Fix It Ticket

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Old Aug 4, 2008 | 02:09 PM
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Need Advice on Fix It Ticket

So, back a couple months ago I was pulled over, and written a fix it ticket for reg/out of date. They said i'd get it in the mail and to take it from there. Basically they used this as an excuse to handcuff me and search my car, then they let me go and issued me the ticket. Well it never came, so I assumed since they were such dicks they just thru out the ticket. Now I just got something in the mail that says I owe 400 bucks, or I can go to the courthouse, that I never payed it.


Obviously I need to go down there but what should I expect?

I fixed the reg the very next day, the car was totalled out recently don't even have it anymore.

Anyways to get out of this? It's really going to ruin my moving by having to shell out an extra 400.
Old Aug 4, 2008 | 02:12 PM
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They can do that? Cuff you to search your car? Don't they have to ask to search your car?
Old Aug 4, 2008 | 02:14 PM
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Originally Posted by darkonion
They can do that? Cuff you to search your car? Don't they have to ask to search your car?
They asked and I said no. You get pulled over for no reason all the time.........so I said NOPE............sooooooooo......

they handcuffed me put me in the back of their car and searched my car. Then they gave me the ticket and let me go.
Old Aug 4, 2008 | 02:16 PM
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Originally Posted by darkonion
They can do that? Cuff you to search your car? Don't they have to ask to search your car?
That's illegal search and Seizure, I think that's a 4th amendment. NO illegal search and seizure. What they did can result into a major lawsuit. I'm no lawyer, but you should most definitely argue the ticket and also mention that they cuffed you and illegally searched your car without probable cause
Old Aug 4, 2008 | 02:20 PM
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Originally Posted by chinoyboi
That's illegal search and Seizure, I think that's a 4th amendment. NO illegal search and seizure. What they did can result into a major lawsuit. I'm no lawyer, but you should most definitely argue the ticket and also mention that they cuffed you and illegally searched your car without probable cause
Yeah it's just that it's been like 3 months or so. I just don't want to pay the 400, when I fixed the **** the very next day. I had no way to get it signed off or taken care of. Totally lame, I don't even have the car anymore. The gov. has wrecked the economy so much I can't afford to pay them 400 bucks for nothing. BS, i'm afraid im going to cuss someone out at the courthouse.
Old Aug 4, 2008 | 02:22 PM
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If the cops really asked for your consent & you said no to a search they are ****ed.
Old Aug 4, 2008 | 02:28 PM
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Originally Posted by Paul@dbtuned
If the cops really asked for your consent & you said no to a search they are ****ed.
Yeah they sure did. I thought it was funny because I said No, and instantly they handcuffed me and searched it anyways. Theres just no way for me to prove any of that, and I don't want to get targeted. There is already 1 cop who knows my sti, he will pull me over for no reason to harass me about the fact my friend wrecked my old one almost a year and a half ago. He pulled me over saying I was impatient (I had been waiting in the parking lot of gas station edged out for 2 mins waiting for light to change, then he floored it up behind me when I pulled out ). He was trying to see if I was drunk or anything, and he was raging like he was on meth or something, then he just bounced. It's a total joke, our cops here don't follow the rules. At least they stopped their tatic of randomly popping medians to scare the **** out of you for zero reason...

Honestly I know you will think i'm just being a weiner......but I've been pulled over countless times for no reason.......even my friends parents have had it happen and were pist.
Old Aug 4, 2008 | 02:47 PM
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Originally Posted by chinoyboi
That's illegal search and Seizure, I think that's a 4th amendment. NO illegal search and seizure. What they did can result into a major lawsuit. I'm no lawyer, but you should most definitely argue the ticket and also mention that they cuffed you and illegally searched your car without probable cause
Actually you have NFC what you are talking about.

If the cops have probable cause, they DONT NEED CONSENT. And guess who gets to determine probable cause - the cop. if you challenge it, the judge decides if it was probably cause, and guess who he is going to side with.
Old Aug 4, 2008 | 02:48 PM
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anyways, you guys think i'll have to pay 400?
Old Aug 4, 2008 | 03:11 PM
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Originally Posted by mcowger
Actually you have NFC what you are talking about.

If the cops have probable cause, they DONT NEED CONSENT. And guess who gets to determine probable cause - the cop. if you challenge it, the judge decides if it was probably cause, and guess who he is going to side with.

Actually you have NFC what your talking about, it takes more than just a sleight of hand from the officer to have probable cause for a search. Are you an Ossifer or related to one? If so get it straight with either the Ossifers you know or your department.
Old Aug 4, 2008 | 03:14 PM
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Originally Posted by pbchief2
Actually you have NFC what your talking about, it takes more than just a sleight of hand from the officer to have probable cause for a search. Are you an Ossifer or related to one? If so get it straight with either the Ossifers you know or your department.
Neither related nor am one.

Probable cause cannot be achieved by his refusal to consent to the search, but having a loud exhaust that 'looks' modified, hearing a BOV, or driving like an idiot or 'like he was racing' all qualify. I'm sure the OP falls into one of those or a similar category. It requires more than a sleight of hand, sure, but there is tremendous leeway given.

I'm not saying I think those are good reasons (they aren't, in my mind), but they do qualify and hold up (I've seen them hold up in court).
Old Aug 4, 2008 | 03:29 PM
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Originally Posted by mcowger
Neither related nor am one.

Probable cause cannot be achieved by his refusal to consent to the search, but having a loud exhaust that 'looks' modified, hearing a BOV, or driving like an idiot or 'like he was racing' all qualify. I'm sure the OP falls into one of those or a similar category. It requires more than a sleight of hand, sure, but there is tremendous leeway given.

I'm not saying I think those are good reasons (they aren't, in my mind), but they do qualify and hold up (I've seen them hold up in court).
Well you should be careful being "sure of things" when you weren't there. Thats the dumbest thing i've ever heard, same type of assumptions that make people a-holes.
It was my 97 2.2 liter beater, automatic subaru. Not modified at all, no bov, no turbo, no driving like an idiot. I saw the cop the whole time and was driving the speed limit exactly. They pulled me over as a last resort as I was turning onto my street. Sorry pal, but they break the law all the time.....whether you want to believe it or not. It was at night, so unfortunately the rules for the cops to follow go out the window
Old Aug 4, 2008 | 03:31 PM
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Fair enough - thats not something I can assume about you or your driving.

Interesting - well, feel free to challenge the reasonable suspicion in court - I doubt you'll be successful, but its worth a try.
Old Aug 4, 2008 | 03:33 PM
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you might be able to go to court and talk to the judge, tell him/her your story and hopefully will lower your fee..my .02
Old Aug 4, 2008 | 03:38 PM
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Sorry I didn't mean to sound like a dick. Just people think because I have a modified car I was being an ***, but I wasn't even in it at the time. You would be angry too if you'd been pulled over for zero reason a bunch of times in the last 5 years. It's totally lame....................everybody in the area knows they do it. I won't even drive on thursday nights after 10 because I always get followed due to DUI quota filling, and it's just not worth it. I don't drink and drive as I rarely even drink, But I still get paranoid when im being followed for no reason. But yea sorry to sound like a dbag up above.

I don't even care about the search, Im just pist they didn't send me a damn ticket and I had no way to get it signed off, and 10 bucks went to 400.



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