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

feeldasteel

Regular Member
Joined
Jul 1, 2010
Messages
60
Location
Reedsville, WV
Was driving down route 119 between morgantown and grafton this morning, got pinched for speeding ( 58 in a 55) :banghead: 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!
 

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC
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 All it takes is for a slightly out-of-date calibration record or training log to get something that close tossed out.
 

user

Accomplished Advocate
Joined
Feb 12, 2009
Messages
2,516
Location
Northern Piedmont
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.
 

Mykal_

Regular Member
Joined
Jul 18, 2010
Messages
18
Location
Morgantown, WV
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.
 

feeldasteel

Regular Member
Joined
Jul 1, 2010
Messages
60
Location
Reedsville, WV
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 !?!?!
 

HvyMtl

Regular Member
Joined
Aug 11, 2010
Messages
271
Location
Tennessee
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:

Dreamer

Regular Member
Joined
Sep 23, 2009
Messages
5,360
Location
Grennsboro NC

mcfly682

New member
Joined
Apr 7, 2009
Messages
4
Location
Morgantown, West Virginia, USA
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.
 

Coded-Dude

Regular Member
Joined
Oct 18, 2010
Messages
317
Location
Roseville
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.
 

Gunslinger

Regular Member
Joined
Mar 6, 2008
Messages
3,853
Location
Free, Colorado, USA
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.
 

feeldasteel

Regular Member
Joined
Jul 1, 2010
Messages
60
Location
Reedsville, WV
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!
 

rscottie

Regular Member
Joined
Jun 29, 2008
Messages
608
Location
Ashland, Kentucky, USA
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.
 

feeldasteel

Regular Member
Joined
Jul 1, 2010
Messages
60
Location
Reedsville, WV
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!
 
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