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Thread: a little news on OC in a vehicle......bad for me....good for the cause!

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    a little news on OC in a vehicle......bad for me....good for the cause!

    Was driving down route 119 between morgantown and grafton this morning, got pinched for speeding ( 58 in a 55) and had my pistol in a holster and wedged barrel down in my cup holder, as the officer approached I just placed my hands out the window and said "I am open carrying my firearm" He walked on up...no gun drawn, no hand on his weapon or anything. He kinda looked in my car and asked if I had a permit, I said "no sir, I do not need one to open carry." then i kinda leaned back so he could see the gun in plain view. He said, "oh, ok." took my info, went back to his car and wrote me a ticket for speeding. I was kinda hoping for a warning, but oh well, at least I wasnt dragged out and thrown to the ground....so all in all, I dont mind biting the bullet a little to have a good OC experience.......not sure what the fine is yet, I may change my mind on that though!
    Michael Binegar, Morgantown WV.

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    Regular Member Dreamer's Avatar
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    You got a ticket for being 3 miles over?

    That's gotta be a new record for not cutting any slack. The local LEAs out there must REALLY be feeling the financial pinch these days that they have to write tickets for 3 miles over.

    Personally, I'd be showing up in court to contest that one. All it takes is for a slightly out-of-date calibration record or training log to get something that close tossed out.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Accomplished Advocate user's Avatar
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    Quote Originally Posted by Dreamer View Post
    You got a ticket for being 3 miles over?

    ...
    It's not an ordinary speed zone - the limit there normally is 65 or 70, as I recall, but they're doing "work zone".

    I strongly recommend the hands-on-the-wheel approach; no need to say anything about guns unless there's a legal problem. You are not required, again if I recall correctly, to tell the cops you have one in W.Va. - correct me if I'm wrong, please, I am not an attorney in West-by-God.

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    Quote Originally Posted by user View Post
    It's not an ordinary speed zone - the limit there normally is 65 or 70, as I recall, but they're doing "work zone".

    I strongly recommend the hands-on-the-wheel approach; no need to say anything about guns unless there's a legal problem. You are not required, again if I recall correctly, to tell the cops you have one in W.Va. - correct me if I'm wrong, please, I am not an attorney in West-by-God.
    119 is 55 mph from Morgantown to Grafton. There are no sections above that. They have been cracking down on speeder due to the high amount of accidents on that road over the last 4 months. It really depends on who is out there though. I passed one last week doing 65 mph and wasn't pulled over. I drive it daily and don't see them out there much anymore though.

    You are correct about offering the information though.

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    Quote Originally Posted by Mykal_ View Post
    119 is 55 mph from Morgantown to Grafton. There are no sections above that. They have been cracking down on speeder due to the high amount of accidents on that road over the last 4 months. It really depends on who is out there though. I passed one last week doing 65 mph and wasn't pulled over. I drive it daily and don't see them out there much anymore though.

    You are correct about offering the information though.
    ha ha....check this out.....$180.00 for that ticket!!!!! Do you believe that !?!?!
    Michael Binegar, Morgantown WV.

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    Regular Member HvyMtl's Avatar
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    IF, and it is a BIG IF, the Judge is being lenient, advise him 3 miles per hour supposedly is the variance allowed in "civilian" speedometers (sadly cannot find the article with a quick search, so double check before using the "defense." )

    Good how the Officer reacted, bad you got a ticket...
    Last edited by HvyMtl; 10-12-2010 at 09:43 PM.
    Μολὼν λάβε

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    Regular Member Dreamer's Avatar
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    Doug,

    Although citing some UN doctrine as applicable legal statute for voiding a traffic citation ay work in a NWO gulag like MD, NY or CA, I imagine if a defendant tried to do that in a state like WV, they may very well get laughed out of court by the judge.

    Just sayin'...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    Thumbs up

    Good story....except for the big fine part, haha. I just wanted to chime in on my thoughts as to how you informed the police officer of your possession of a firearm. I would have to agree 100% with your decision to show your hands and immediately inform him of the firearm. I know it isn't mandated that you inform LEs about possession but i personally think i will always offer it before it becomes an issue. Police officers have enough grief without needing any unnecessary stress from the law abiding folks.

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    Regular Member hotrod's Avatar
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    Three miles an hour is inside the + or - of 5% variable on radar.
    Last edited by hotrod; 11-16-2010 at 07:04 PM.
    Speed is fine
    Accuracy is final

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    Regular Member Coded-Dude's Avatar
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    A judge will generally laugh at and dismiss such a ticket. Most Highway Patrol in CA will give you a leniency of about 7mph, after that you get a ticket.
    If guns cause crime.....mine must be defective.

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    Regular Member Gunslinger's Avatar
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    Fight it. Read up on radar including cosign error and be prepared to grill the cop. You can also request discovery on his training and personnel records. Check on the "speedy trial" statute in your state, as well. Traffic tickets can be beaten in court, even if you're not an attorney. 3 mph is within a reasonable margin of error. Read the appropriate statute and take carefull consideration of how it's written. Some speeding statutes require an independent of the radar gun determination of speed by the cop before he can light you up. No way is he going to determine 3 mph over the posted limit. This cop is nothing more than a thief wearing a badge. He did you no favors, he picked your pocket. Then take the money and buy a good radar detector.

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    Well, I thank you all for your opinions on this matter, I decided that since I drive that road often that it would be best that I just pay the ticket and move on. The last thing I need is an officer that I have pissed off in court to be out there looking for a reason. I wont lie, I really really really like to speed. ha ha! thanks guys!
    Michael Binegar, Morgantown WV.

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    Regular Member rscottie's Avatar
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    If you pay your speeding tickets in WV and you are out of state, it will probably not be reported to your home state. If you fight it, they will report it. My understanding is they just want the cash.

    I...er, someone I know, has gotten tickets in the past that were paid and neither the home state or insurance company ever found out.

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    well it all went to hell now!!!

    SO when I called about the ticket, I talked to the Magistrate of Taylor county and he told me that the five was $180 and that I had 180 days to pay it, I said, wow! 180 days??? he said yes, 180 days, and make sure you bring the ticket with you. Well after 68 days I get a letter from the DMV saying my license is suspended for failure to pay the ticket!!!! So I call them and ask whats up. They said I was supposed to sign and date the ticket and send it in immediately in order to lock in the 180 day period! Well I think that would be tough to do when I am supposed to bring it in with me when I pay the fine. So now I not only had to pay the fine, but also $50 reinstatement fee to the DMV. When I went to pay the fine I mentioned it and they just said, "oh. Well he shouldnt have told you that." I said, "well no kidding!" then the lady pulls out the folder with my info and right atop the front page in huge numbers and letters it says "180 DAYS!!!" SO I ask. " well why does it say right there that I had 180 days?" she says " OH they just write that there so we know that you wil be mailing your ticket in and using the 180 days." At that point I just laughed in her face and asked her just what kind of shakedown they were trying to run on me. she didnt seem to interested in answering, so I paid my fine and left.....In my car..... So I have come to the conclusion that Taylor County is nothing more than a group of bandits on the side of the road robbing travellers of their money. Beware of these thiefs!
    Michael Binegar, Morgantown WV.

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    Founder's Club Member protias's Avatar
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    You should join the National Motor Association and RD.net.
    No free man shall ever be debarred the use of arms. Thomas Jefferson (1776)

    If you go into a store, with a gun, and rob it, you have forfeited your right to not get shot - Joe Deters, Hamilton County (Cincinnati) Prosecutor

    I ask sir, what is the militia? It is the whole people except for a few politicians. - George Mason (father of the Bill of Rights and The Virginia Declaration of Rights)

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