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Old January 6, 2019, 01:38 PM   #15
44 AMP
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Join Date: March 11, 2006
Location: Upper US
Posts: 28,815
You also need to be aware that knowing and following the law MAY NOT keep you out of trouble. If you are within the law, it should save you from being convicted, but it won't save you from being detained, arrested, booked, and spending time in jail until you can arrange bail, IF the police think you are breaking the law.

First off, even the best informed officers should not be expected to be aware of every court case that modifies a law. They might be aware, but its not something you should expect.

Where I used to work there was a "Required Reading" book. Whenever there was a change to procedures, the entire crew was required to read them, and sign that that had read them. Most of the stuff had little or nothing to do with MY job, but all of it did relate to someone's job. We used to joke, about how the book was "required reading", but NOT "required remembering"....

Second point, while you may know the law better than the cop, he's NOT going to take your word for it. And there are some who operate on the principle that it doesn't matter. As an illustration, I offer the experience of a friend...

A friend of mine has a (registered) antique motorcycle. 1940 Indian, a sweet bike, fully restored. Our state has a helmet law. If you ride a motorcycle, you must wear a helmet. UNLESS it is a registered antique motorcycle, then the a helmet is NOT required by the law. Most street cops don't know this. They know, motorcycle + no helmet = ticket.

My friend carries a copy of the law with him when he rides his Indian.
When he gets stopped, he explains, and shows the officer the law. He says this gets him out of about HALF of the tickets. About half the time, the officer, shown a valid copy of the relevant law, pointing out that no helmet is legal for that bike, does not write a "no helmet" ticket.

The OTHER half the time, the cop writes the ticket, anyway. Despite being shown the law, they still write the ticket, saying "if you are right, the judge will throw it out. Have a nice day!"

SO, be mentally (and physically) prepared in case a cop THINKS you are violating the law, you will be processed in the system, with all that entails, until either the prosecutor refuses to try the case, or does take it to trial and the judge throws it out, or the jury rules in your favor.

And, don't expect an apology from the police, they did "nothing" wrong. You might even have to go to court (again) to recover your property, or restitution for costs, damages, etc. It may be "wrongful imprisonment" to you or I, but isn't, in the legal system, until the moment a judge rules that it was.

Good Luck.
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