HOLY!!! I got pulled over in NC to dip my tank! - PeachParts Mercedes-Benz Forum

vstech · #1 08-04-2010, 10:59 PM

well, the cop said I was doing nothing wrong, not speeding or anything, he just pulled me over because they are instigating a new program to pull randomly all diesels on the road. he had the thin clear straw dropped it in the tank, and pulled out a sample. he asked me where I had gotten my fuel last, and luckily, I had just filled up that morning on the way to troy, and had burned about 1/2 of it on the way back, and was less than 1 mile from the station I had filled up at. heh. I also wondered what Yellow bioD would have registered as, and if I was running WVO, he would never have known it because he did not ask to look in my trunk or if I was running alternate fuels.
the NC senate passed a law to not require taxes on wvo/personal bioD as long as it's not for business use. I'd not qualify for that loophole, but driving the benz the cop would not know to check my mileage or anything.

pawoSD · #2 08-04-2010, 11:27 PM

Quote:

Originally Posted by vstech

well, the cop said I was doing nothing wrong, not speeding or anything, he just pulled me over because they are instigating a new program to pull randomly all diesels on the road. he had the thin clear straw dropped it in the tank, and pulled out a sample. he asked me where I had gotten my fuel last, and luckily, I had just filled up that morning on the way to troy, and had burned about 1/2 of it on the way back, and was less than 1 mile from the station I had filled up at. heh. I also wondered what Yellow bioD would have registered as, and if I was running WVO, he would never have known it because he did not ask to look in my trunk or if I was running alternate fuels.
the NC senate passed a law to not require taxes on wvo/personal bioD as long as it's not for business use. I'd not qualify for that loophole, but driving the benz the cop would not know to check my mileage or anything.

Diesel non-truck vehicles make up like barely 4% of the vehicle population. What a pointless "program". Maybe they should target gasser drivers driving with no insurance, that would likely net a lot more $$.

The idiots in power that came up with it probably figured that if a person was willing to drive a diesel, they must be up to no good like running farm fuel.

Fattyman · #3 08-05-2010, 12:47 AM

I cannot remember the last time I drove my Mercedes to a gas station. I live in California and since the state is going broke I would not put it past them to come up with something like this. I have a waste oil hauler license for personal use issued by the Dept. of Agriculture that allows me to carry oil in the car. If the oil is in the tank all bets are off and you do not need a license. But I bet they will find a way of making up on lost tax revenue. Thanks for the heads up.

Skid Row Joe · #4 08-05-2010, 12:59 AM

Quote:

Originally Posted by Fattyman

I cannot remember the last time I drove my Mercedes to a gas station.

I do, barely - it's going on almost 3 months ago since the last time I filled up with diesel. Early May....

Scruffyguy1981 · #5 08-05-2010, 12:59 AM

Are they just going off thw diesel script on the car? I'm using bio I bought at the pump so no worries there, just curious how they are singling out diesel cars in a drive by situation. Maybe it's best to loose all of the badging other than the star to avoid the hassle.

C Sean Watts · #6 08-08-2010, 12:11 PM

Quote:

Originally Posted by pawoSD

Maybe they should target gasser drivers driving with no insurance, that would likely net a lot more $$.

NO $HIT!! the only problem is the Mexican government would do everything short of openly declaring war.

Skid Row Joe · #7 08-05-2010, 12:54 AM

Quote:

Originally Posted by vstech

well, the cop said I was doing nothing wrong, not speeding or anything, he just pulled me over because they are instigating a new program to pull randomly all diesels on the road.

If I were you, I would follow up to see if the stop was indeed as he said it was.

Being pulled over for a random check sounds bogus and unconstitutional to me.

Driving a diesel-powered vehicle is not reasonable probable cause of using an illegal fuel substance, and summarily search your car for evidence. No way.

There is no difference between what the officer told you and if he would have said; "we know that drivers with black skin color are breaking the law in a higher percentage than white skin colored drivers, therefore we pull black skin colored drivers over randomly to run an NCIC check, and search them. We don't bother pulling white skin colored drivers over to search them randomly - just black skin colored drivers."

That said, I would have asked; "am I required by law to submit to your test?" Then, if he said; "yes," I would have refused the test.

They would have had to obtain a search warrant signed by a judge to search my car.

If they find any law breakers, they are banking on them paying the fine, and not taking being stopped; without probable cause, to court to throw it out.

FinnJohn · #8 08-05-2010, 01:40 AM

Quote:

Originally Posted by Skid Row Joe

If I were you, I would follow up to see if the stop was indeed as he said it was.

Being pulled over for a random check sounds bogus and unconstitutional to me. Driving a diesel-powered vehicle is not reasonable probable cause of using an illegal fuel substance, and summarily search your car for evidence. No way.

There is no difference between what the officer told you and if we would have said; "we know that some people with black skin color are breaking the law in a higher percentage than white colored people, therefore we pull them over randomly to run an NCIC check, and search them."

That said, I would have asked; "am I required by law to submit to your test?" Then, if he said; "yes," I would have refused the test.

They would have had to obtain a search warrant signed by a judge to search my car.

If they find any law breakers, they are banking on them paying the fine, and not taking being stopped; without probable cause, to court to throw it out.

Joe's right. Cops aren't allowed to pull you over for a "special screening" because "lots of diesel drivers run high-sulfur fuel" any more than they're allowed to pull you over at 2:15 a.m. for no reason other than the bars closed at 2. That's why they always tell you they pulled you over because your taillight lens was broken, or when you changed lanes just now you only put your blinker on for 85 feet, not 100. Which isn't quite the spirit of the law, but at least it's a start.

This is Prussian law enforcement, not American. That cop needs to go get a job in a country that doesn't have a 250-year tradition of individual liberty if he wants to pull stuff like that.

Whew, OK, enough of my rant.

bustedbenz · #9 08-05-2010, 02:25 AM

Quote:

Originally Posted by Skid Row Joe

If I were you, I would follow up to see if the stop was indeed as he said it was.

Being pulled over for a random check sounds bogus and unconstitutional to me.

Driving a diesel-powered vehicle is not reasonable probable cause of using an illegal fuel substance, and summarily search your car for evidence. No way.

There is no difference between what the officer told you and if he would have said; "we know that drivers with black skin color are breaking the law in a higher percentage than white skin colored drivers, therefore we pull black skin colored drivers over randomly to run an NCIC check, and search them. We don't bother pulling white skin colored drivers over to search them randomly - just black skin colored drivers."

That said, I would have asked; "am I required by law to submit to your test?" Then, if he said; "yes," I would have refused the test.

They would have had to obtain a search warrant signed by a judge to search my car.

If they find any law breakers, they are banking on them paying the fine, and not taking being stopped; without probable cause, to court to throw it out.

I agree completely. I'm about an hour north of John, and I've never had anything but trouble from state troopers. As far as I can tell (just did some research online) dipping a tank (unless you give permission) constitutes an unconstitutional search of your vehicle without probable cause unless they saw you fill up with red and followed you or had a witness claim that you did.

If they decide to pull this on me, I'm going to hit the door lock with my elbow as I roll the window down (who says I wasn't driving with it locked for safety at stop signs anyway?) so the tank locks, and politely (if he mentions the diesel) ask what his probable cause is, and respond that I don't submit to illegal searches.

Yes, I'm totally innocent. I've never put red stuff in either diesel in my life. But every time I've ever encountered the state troopers in NC they've been nothing but trouble. Discourteous and out to get you. They're hired hit men, out to get those of us who pay their salaries with our taxes. So... I'm doing some more checking to be sure I'm actually on strong legal ground before doing this of course. Might even ask a traffic lawyer ahead of time just to check; I know a couple. But... I'm so tired of these people that I'm willing to be difficult (in a very polite way of course) in exchange for all the difficulty I've received.

If this is a defensible position. I'm pretty sure that it is. And if I'm polite, and they still manage to come up with their excuse for "probable cause" then let them search. I'm still innocent. It'll come out green.

For the record, I've been nothing but polite both times I've been stopped, as has someone else in my family who was given a ticket less than two weeks ago. I've been quiet, humble, honest, and cooperative. Go out of my way to pull over somewhere safe for them to get out and come over to the window. I don't know who came up with the fiction that if you're nice to them, sometimes they'll give you a break, but it's not true. And frankly, only one of the three was even polite about what they were doing. At least in NC, they're getting out of hand as far as I'm concerned. Particularly since they're *supposed* to be a service industry in the first place. For the "public good" and "keeping us safe" and all the rest. If that's true then take the Crown Vics (and the stupid Chargers... grrr...) off the road and send them out in tow trucks with tools to actually help people instead.

Skid Row Joe · #10 08-05-2010, 02:31 AM

Both my vehicles are diesel powered. For 20 years all my vehicles have been diesel, too!

The Mercedes 4-wheeler and the 6-wheeler diesel motorcoach.

This thread has given me a heads-up to already have thought it through to refusing to submit to testing or search.

They're going to have to flatbed or tow my vehicle(s) in. They're not doing any "random testing" unless it is a bona fide checkpoint of some type. Where everybody on a road or highway gets questioned.

fruitcakesa · #11 08-05-2010, 08:10 AM

Jeezum,
the staties here rarely stop anyone except for speeding and drug searches.

buffa98 · #12 08-05-2010, 10:38 AM

Quote:

Originally Posted by Skid Row Joe

Both my vehicles are diesel powered. For 20 years all my vehicles have been diesel, too!

The Mercedes 4-wheeler and the 6-wheeler diesel motorcoach.

This thread has given me a heads-up to already have thought it through to refusing to submit to testing or search.

They're going to have to flatbed or tow my vehicle(s) in. They're not doing any "random testing" unless it is a bona fide checkpoint of some type. Where everybody on a road or highway gets questioned.

I dont know the law in texas so I can not comment there, In Pa(a few years ago it was tested) there is the complied consent law. If you have a drivers license(a privlidge-sorry for the spelling) you subject your self to unwarrented searches by law enforcement in the name of "SAFETY". Also if you are asked to submit to a field sobriety test and refuse you are automatticly guilty. I will try to find the law so I can post is. It is on the top portion of the DL (the part you tear off imagine that) that by signing this document you are agreeing to pa law blah blah blah. I dont know what the outcome was though...................

It was a farmer that was driving his tractor across a public road to access his other field. Tractor got dipped and guess what it had red fuel in it. It was a pretty big deal up in the wiliamsport area. The farmer closed the road to through traffic, His family had allowed access to then revoked it. It was a good story to follow about government abuses.

RML · #13 08-05-2010, 10:45 AM

Quote:

Originally Posted by buffa98

. . . It was a farmer that was driving his tractor across a public road to access his other field. Tractor got dipped and guess what it had red fuel in it. It was a pretty big deal up in the wiliamsport area. The farmer closed the road to through traffic, His family had allowed access to then revoked it. It was a good story to follow about government abuses.

What ever happened to common sense? It seems like once you start a job with the government or get into the court or legal system, you enter a world where common sense does not exist.

vstech · #14 08-05-2010, 08:40 AM

Quote:

Originally Posted by Skid Row Joe

If I were you, I would follow up to see if the stop was indeed as he said it was.

Being pulled over for a random check sounds bogus and unconstitutional to me.

Driving a diesel-powered vehicle is not reasonable probable cause of using an illegal fuel substance, and summarily search your car for evidence. No way.

There is no difference between what the officer told you and if he would have said; "we know that drivers with black skin color are breaking the law in a higher percentage than white skin colored drivers, therefore we pull black skin colored drivers over randomly to run an NCIC check, and search them. We don't bother pulling white skin colored drivers over to search them randomly - just black skin colored drivers."

That said, I would have asked; "am I required by law to submit to your test?" Then, if he said; "yes," I would have refused the test.

They would have had to obtain a search warrant signed by a judge to search my car.

If they find any law breakers, they are banking on them paying the fine, and not taking being stopped; without probable cause, to court to throw it out.

aside from the fuel tank, the officer did not even look in the car. he did not ask to look in my trunk, he did not even look in the windows as he was walking up to the car. he kept his eyes on me the entire time. I always watch the officer when I get pulled over, or when at a "license check" I don't like my rights infringed upon.
the only reason he pulled my gun was that I had a permit and presented it to him as I am required to do when asked for identification. I am glad I was carrying one of my permitted weapons though! I never would have imagined the cop would run my gun! I am apparently under the mistaken impression that having a CCP makes me a better citizen for having taken the tests and having the background run!

jimandsuzy · #15 08-05-2010, 09:30 AM

I understand everyones right to object to unreasonable stops and/or searches but let me tell you what I learned as a long haired teenager and early 20s driver in the 60s. You can state and act on your rights but the cop has the untimate control of the situation. He can impound your vehicle and take you to jail for 24 hours if you make him mad. You might "look like a wanted suspect in some crime" or some other made up excuse but the bottom line is you're going to jail. What I learned is that unless you're willing to do the time and inconvenience, just go along and you'll be on your way shortly. You can then call your lawyer or whatever.