RE: [MVlist] All legal questions part II

From: Rikk Rogers (rkltd@swbell.net)
Date: Mon Feb 19 2001 - 05:20:36 PST


Well said TJ,
While I think 75+% of the laws on the books are a crock of crap I darn sure
would not put that bug on the guys on the ground.
That gripe goes to management, and quite frankly, our society asks for more
safety every day.
You can be safe, or free, Not both!

and BTW, The fastest way to have a cop crawl up your a** is to have a bad
attitude, I have been stopped many times in many places that I could have
and probably should have got a ticket, generally I don't get em.

I guess most of the time I get lucky, and get stopped by "Law Enforcement
Officers".

Rikk Rogers - RK Lion LTD.
(580)762-3157 rkltd@swbell.net
http://home.swbell.net/rkltd/
-M35A2- MVPA -22345-

-----Original Message-----
From: Timothy Smith [mailto:timothy.smith1@worldnet.att.net]
Sent: Sunday, February 18, 2001 8:55 PM
To: MV List; Mil Veh List
Subject: [MVlist] All legal questions part II

Clayton,

If you have read my dissertations carefully you will find that I have stated
very plainly the circumstances under which the rules I have offered apply or
I have replied to circumstances offered by others in order to avoid doing
anyone the dis-service you claim I am doing. I challenge you to cite any
error I have made in past emails and we shall examine these in front of the
readership. If your argument in this regard really held any water these
guys would have to consult an attorney every time they got behind the wheel
because let's face it....every trip is different isn't it? We go different
places, by different methods, taking different routes with different loads.

I realize, as you do, that there are an endless number if situations that
these guys might place themselves in. However, for you to suggest that NO
information be offered without some type of caveat or legalese is, quite
plainly, a load of crap.

Believe it or not, the readers on the list are adults and are not only quite
intelligent, but also quite well informed and these are the reasons they
signed up......they want to know more and are willing to ask about it.

As for your past situation, I agree that you were correct and the officer
was wrong but there is no reason for me to validate that as the court has
very sensibly done that already.

I hear lots of guys like you who have one fouled-up run in with some officer
and then start speaking ill of the lot of us. Well, sir, I'll admit we
dress a lot alike, have similar vehicles in which we patrol, mostly short
hair and I never met an officer who has not eaten at least one doughnut, but
that's about as far as that goes. We make easy targets for those of you who
want to tell the world of your discontent. But just because one bozo
officer messed up doesn't mean I have to pop out a caveat every time I make
a statement. If you think you can do better.....have at it! Better yet,
feel free to take every posting I send, add your warning label and forward
it back to the list.

And, I might add that the circumstance you have described has more to do
with vehicle registration than the enforcement of the FMCSR's. Perhaps if
you had had the opportunity to speak with me you might have come away with
some information to correct the wayward officer that you spoke of.

And for guys like you who quite obviously have a chip on your shoulder and a
sad story to tell, I'll say that every law enforcement officer, good & bad,
criminal or straight arrow, genius or dim-bulb, is drawn from the membership
of the very society that you and I live in and have helped to create.....so
where shall we lay the blame for your particular misfortune? As the man
said, "We have the very best government that money can buy."

Oh, and buy the way.....I prefer the term "Law Enforcement Officer." I hope
you were smiling when you called me a "Cop." :-)

Regards
TJ

-----Original Message-----
From: Clayton Bankston <cvbesq666@hotmail.com>
To: Military Vehicles Mailing List <mil-veh@mil-veh.org>
Date: Sunday, February 18, 2001 6:21 PM
Subject: Re: [MV] Fw: [MV] All legal questions

>
>
>>Gee, I didn't take the bar exam.....I guess I don't know anything about
>> >the FMCSR's. And the need for legal counsel only comes if you get
>> >charged with something.
>
>Actually, you're just a cop that specializes in Motor Carrier enforcement.
>
>I never said that you didn't know anything. I said that people should seek
>competant counsel for legal questions. I don't regard cops as competant
>legal counsel, even though they are knowledgable in certain laws, in much
>the same way that a real estate agent knows about building codes and zoning
>laws.
>
>Your advice may be sound in many instances. However, not in all instances.
I
>think that it is a dis-service to the people on this list to provide any
>type of advice via e-mail when you (or I) do not know all of the pertenant
>facts relating to the subject at hand.
>
>My M109A2 Shop Van got impounded (by DOT cop such as yourself) for having a
>"falsified registration" and he also wrote me a citation for "driving
>without a license." The DOT cops said, "this isn't a motorhome, it's a
truck
>with camper body on it."
>
>You see the M109A2 was registered as a motorhome and met all the legal
tests
>as to what constituted a motorhome. You don't need a CDL to drive a
>motorhome. I thought that I was OK. This DOT cop didn't see it that way.
>
>Even though I felt that when I registered my M109A2 as a motorhome that I
>had understood the law properly, I still sought out a lawyer that
>specialized in this field and not only did I get the case dismissed and my
>vehicle returned, but I was reimbursed for all of my costs. That DOT cop
was
>very wrong.
>
>
>_________________________________________________________________
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>
>
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This archive was generated by hypermail 2b29 : Mon Mar 05 2001 - 07:58:33 PST