PeachParts Mercedes-Benz Forum

PeachParts Mercedes-Benz Forum (http://www.peachparts.com/shopforum/)
-   Off-Topic Discussion (http://www.peachparts.com/shopforum/off-topic-discussion/)
-   -   NC is trying to revoke my license for speeding over 20 MPH out of state (http://www.peachparts.com/shopforum/off-topic-discussion/109939-nc-trying-revoke-my-license-speeding-over-20-mph-out-state.html)

SkyKnight 12-09-2004 10:44 PM

NC is trying to revoke my license for a speeding ticket 23 MPH over out of NC
 
While traveling through Ohio I received a speeding ticket doing 87 in a 65. I have a NC drivers license. They say they have a law that suspends your license for 6 months if caught speeding more than 20 MPH over the speed limit while out of state. A friend said someone on the forum might have some valuable advise, besides stop speeding or I should not have been stupid enough to get caught! Oh well, it's done now. I'm currently working in Ohio and must have a drivers license to get to work. Any good advise out there besides get a bike?

Cap'n Carageous 12-09-2004 11:01 PM

22 mph over the speed limit ?? You'll get what you deserve. Stoopie!!

JimSmith 12-09-2004 11:04 PM

Get an Ohio driver's license before they pull your NC one. Jim

KirkVining 12-09-2004 11:09 PM

I am no lawyer but I travel a lot so I am up on those laws. Most states have that law. If you pleaded guilty to the ticket in the other state you are screwed. The trick is to plead "no contest", which helps a lawyer a great deal to get you out of the mess, but you still might get what's coming to you. This is a "there for the grace of God go I" thing - I routinely is use the stretch of I-10 from the Texas line to the Mississippi border as my own personal race track and I have merely been lucky with the Louisiana Staties who always seem much more interested in busting truckers. Thanks for slowing me down. BTW, Pennsylvania and Ohio - only a damn fool speeds in those states with out of state tags.

deanyel 12-10-2004 12:19 AM

Just out of curiosity - what if you had been caught at 20 over in NC?

mzsmbs 12-10-2004 12:30 AM

Quote:

Originally Posted by KirkVining
BTW, Pennsylvania and Ohio - only a damn fool speeds in those states with out of state tags.

he, he, tru, tru.... actually Penn has eased up since they bumped the speed limit to 65 but the deer are everywhere and extreme caution is necessary. i normally drive the necessary minimum distances through either state....

mzsmbs 12-10-2004 12:32 AM

Quote:

Originally Posted by deanyel
Just out of curiosity - what if you had been caught at 20 over in NC?


probably the same thing. they are real prix about their driving privilages in NC...

try to get OH license QUICK like someone suggested...

KirkVining 12-10-2004 12:37 AM

What makes you guys think Ohio is going to give a guy with a ticket like that on the books a driver's license? The dude better have some relatives in Virgina.

mzsmbs 12-10-2004 12:46 AM

it's worth a try kv. they are prix in OH too.. CT may give him a license.. :)

koop 12-10-2004 12:33 PM

that's the stupidest thing I've ever heard of. There is an interstate compact that allows states to suspend your licence for not paying out of state tickets but suspending for one ticket doesn't sound right.

In Colorado if you get a ticket out of state you don't even get the points. Just pay the fine and your done.

I think there is more to the story.

KirkVining 12-10-2004 12:54 PM

Quote:

Originally Posted by mzsmbs
it's worth a try kv. they are prix in OH too.. CT may give him a license.. :)

Generally states with low tax burdens are the easiest to get a license in, because they really just want your twenty bucks. New Hampshire, Nevada, Virginia, hell, Virginia a terrorist on a wanted list can get a license and fly a plane into the WTC. I tend to agree with koop, tho - maybe there is more to the story, reckless driving charge perhaps?

Old300D 12-10-2004 12:59 PM

Quote:

Originally Posted by koop
that's the stupidest thing I've ever heard of. There is an interstate compact that allows states to suspend your licence for not paying out of state tickets but suspending for one ticket doesn't sound right.

In Colorado if you get a ticket out of state you don't even get the points. Just pay the fine and your done.

I think there is more to the story.

I agree. I was speeding in Wyoming, just paid the ticket because there were no points assessed.

If you have pled guilty already, you might just have to take the consequences, but if not, by all means contest the ticket. Make them prove you are guilty. I did that on another speeding ticket (in Colorado) and the officer never showed up for trial. My ticket was dismissed, no fine, no points.

KirkVining 12-10-2004 01:06 PM

I believe in Texas if you are over the limit 20+ you get an additional ticket - "Driving to endanger", our version of "Reckless driving". Other states may flag that. Dude, was the speeding ticket all you got?

KirkVining 12-10-2004 01:09 PM

Quote:

Originally Posted by Old300D
I agree. I was speeding in Wyoming, just paid the ticket because there were no points assessed.

If you have pled guilty already, you might just have to take the consequences, but if not, by all means contest the ticket. Make them prove you are guilty. I did that on another speeding ticket (in Colorado) and the officer never showed up for trial. My ticket was dismissed, no fine, no points.

I always plead innocent, I haven't had to pay a ticket in years. I don't believe he is contesting the ticket - he is getting nailed in adminstratice assement by the license bureau as a consequence of his ticket, no court, just the screw job that comes later when you f up. I think the only way to fight it is to sue the state. Suuuuure.

koop 12-10-2004 01:23 PM

and another thing, you have a right to drive not a privledge. I don't know where this privledge crap started but there is no such thing as the government giving you "privledges"

shane 12-10-2004 01:26 PM

Get a traffic attorney in the jurisdiction where you got the ticket. They are relatively cheap. The attorney will be able to get you several options and most likely keep the ticket off your record. 22 mph over is not that bad. I once got a 121mph in a 55mph that never, ever touched my record, but it did cost around $700.00 to disappear.

Now to all the ridiculous people who say you deserve what you get, get a life. Driver inattention is the number one cause of accidents, not speeding. Just another example of american self-righteous bung hole idiots.

Old300D 12-10-2004 01:32 PM

Quote:

Originally Posted by koop
and another thing, you have a right to drive not a privledge. I don't know where this privledge crap started but there is no such thing as the government giving you "privledges"

Note that I am not necessarily in disagreement, but they do call it a driver's LICENSE. That totally implies that driving is a privelege bestowed by the state. A license is permission to drive.

Diesel Power 12-10-2004 01:33 PM

Quote:

Originally Posted by KirkVining
I believe in Texas if you are over the limit 20+ you get an additional ticket - "Driving to endanger", our version of "Reckless driving". Other states may flag that. Dude, was the speeding ticket all you got?

Nope, I beat a 77 in a 50 ticket for the city of Westlake. No additional charge, just the amount over, and the fine. I of course plead not guilty, and demanded a jury trial. I got a notice in the mail 10 months later, stating that they dismissed the ticket outright. :D

I've very much gotten to the point where I will challenge any future invitations by the various collection agency to part with my money. They truly are after only those, who will pay the fine without question. I am 3 for 3 since starting this, two of my own, and one as a "witness" for a friend.

The one for the friend was for a school zone in the town of Roanoke. They have deliberately offset the two directions school zone speed limit warning lights, to turn on and off a few minutes apart. They nail a couple of victims every day. I've witnessed this "malfunction" personally. When I went in to testify on my friends behalf, and told them that I would point this problem out, they couldn't tear up the ticket fast enough. They were real adimate about keeping this problem hush hush as well.

One warning for anyone unfortunate enough to deal with the Roanoke city moffia. Their court IS a kangaroo court, and they are downright bold in their "highly questionable" activiites.

boneheaddoctor 12-10-2004 01:36 PM

Quote:

Originally Posted by KirkVining
Generally states with low tax burdens are the easiest to get a license in, because they really just want your twenty bucks. New Hampshire, Nevada, Virginia, hell, Virginia a terrorist on a wanted list can get a license and fly a plane into the WTC. I tend to agree with koop, tho - maybe there is more to the story, reckless driving charge perhaps?

Hey, those liscense were issued without the documentation required in VA.....blame the person behind the counter taking bribes........THey arrestd a lot of them.....at several DMV offices.......

VA is a LOT harder to get a liscense even for people who belong here........

It should have been a lot harder I agree......and there are far easier states than here.

That could have happened in lots of other states......Particularly those states and people who think illegal aliens should be issed Licenses.

Diesel Power 12-10-2004 01:38 PM

Quote:

Originally Posted by koop
and another thing, you have a right to drive not a privledge. I don't know where this privledge crap started but there is no such thing as the government giving you "privledges"

Could you please point to us, the state or constitutional amendment that gives us this "right?"

Look at the drivers instruction book, available for free at any drivers license office. It is clearly stated that driving is a priveledge, and not a right.

It is why you are issued a license, fined and ticketed for breaking the law, and can be subject to having it revoked for habitual, or serious offenses.

koop 12-10-2004 01:59 PM

Quote:

Originally Posted by Diesel Power
Could you please point to us, the state or constitutional amendment that gives us this "right?"

Look at the drivers instruction book, available for free at any drivers license office. It is clearly stated that driving is a priveledge, and not a right.

It is why you are issued a license, fined and ticketed for breaking the law, and can be subject to having it revoked for habitual, or serious offenses.

Well sure there is the DMV handbook, but I'm going to go with the US Constitution here

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Constitution doesn't "give" us rights, we the people "give" rights to the government.

A privledge is something that can be given or taken away on a whim. You can give your kid the privledge of staying up past his bedtime. or not. He has no right.

But imagine if you went down to the DMV to get a license and they said no. No reason, just no. If it's a privledge they can do that. That's why your licence cannot be taken without due process of law. It's a right, they can regulate and licence it but they can't just arbitrarily give or take that right away.

Wodnek 12-10-2004 02:52 PM

Another option, if its not too late, is to go to court and see what you can get. Most judges (at least Wisconsin and Illinois) will adjust it to just under a threshhold but keep the fine the same 22 over to 19 over, 16 over to 14 over. Its all about the $$$ and nothing else in speeding, except in school zones, you get the gas chamber for speeding in school zones.
If you get real lucky they will even reclassify as a non moving violation.
The key is go to court, it is worth the unpaid day off work.
good luck

KirkVining 12-10-2004 03:05 PM

Quote:

Originally Posted by Diesel Power
Nope, I beat a 77 in a 50 ticket for the city of Westlake. No additional charge, just the amount over, and the fine. I of course plead not guilty, and demanded a jury trial. I got a notice in the mail 10 months later, stating that they dismissed the ticket outright. :D

I've very much gotten to the point where I will challenge any future invitations by the various collection agency to part with my money. They truly are after only those, who will pay the fine without question. I am 3 for 3 since starting this, two of my own, and one as a "witness" for a friend.

The one for the friend was for a school zone in the town of Roanoke. They have deliberately offset the two directions school zone speed limit warning lights, to turn on and off a few minutes apart. They nail a couple of victims every day. I've witnessed this "malfunction" personally. When I went in to testify on my friends behalf, and told them that I would point this problem out, they couldn't tear up the ticket fast enough. They were real adimate about keeping this problem hush hush as well.

One warning for anyone unfortunate enough to deal with the Roanoke city moffia. Their court IS a kangaroo court, and they are downright bold in their "highly questionable" activiites.

Those chump ass Tarrant County towns are the worst. The one I hate is West Worth Village in west Ft. Worth on 183. They have the lights in front of the Air Base timed to do a snap yellow to red and they are waiting there like vultures. They also seem to specialize in pulling over young kids and poor people, which pisses me off. They'll pull em over for doing a mile or two over the limit, in the hopes of a dope bust - it looks like Baghdad along the road there. Benbrook, in south Ft. Worth is just as bad - they essentially are runnning a 24/7 police checkpoint at the I-20 exit.

el presidente 12-10-2004 03:14 PM

PM me for assistance on your case.

Diesel Power 12-10-2004 03:31 PM

Quote:

Originally Posted by koop
Well sure there is the DMV handbook, but I'm going to go with the US Constitution here

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The Constitution doesn't "give" us rights, we the people "give" rights to the government.

A privledge is something that can be given or taken away on a whim. You can give your kid the privledge of staying up past his bedtime. or not. He has no right.

But imagine if you went down to the DMV to get a license and they said no. No reason, just no. If it's a privledge they can do that. That's why your licence cannot be taken without due process of law. It's a right, they can regulate and licence it but they can't just arbitrarily give or take that right away.

I think you have an innacurate view of your rights. There is NOTHING on the books that states that you MUST be given a drivers license. If you fail any part of the testing procedure, you don't get a license. If you abuse the license, it can be revoked. You are given due process because you are constitutionally guranteed the right to it. IMO, they ARE given away far too readily. You CANNOT however, be denied the right to vote, own a firearm, speak critically of our government, practice religion, etc...

koop 12-10-2004 03:41 PM

Quote:

Originally Posted by Diesel Power
I think you have an innacurate view of your rights. There is NOTHING on the books that states that you MUST be given a drivers license. If you fail any part of the testing procedure, you don't get a license. If you abuse the license, it can be revoked. You are given due process because you are constitutionally guranteed the right to it. IMO, they ARE given away far too readily. You CANNOT however, be denied the right to vote, own a firearm, speak critically of our government, practice religion, etc...

Of course you can, if your convicted of a felony many states take away your right to vote or own a firearm. Your right to practice your religion and free speach are subject to time, place and manner restrictions. If you want to hold a public assembly to pray and denounce the government you can be required to get a permit, which is a license.

Yur right that there is nothing on the books that says you must be given a license, that I know of, because it's inconcievable that the DMV will just turn you away, however there is plenty on the books that says that your license can not be taken away without due process of law. As in the govenrment shall not deprive you of life, liberty or property without due process of law.

A DL, like other rights can be regulated but because it's regulated doesn't mean its a privilige.

Diesel Power 12-10-2004 03:41 PM

Quote:

Originally Posted by KirkVining
Those chump ass Tarrant County towns are the worst. The one I hate is West Worth Village in west Ft. Worth on 183. They have the lights in front of the Air Base timed to do a snap yellow to red and they are waiting there like vultures. They also seem to specialize in pulling over young kids and poor people, which pisses me off. They'll pull em over for doing a mile or two over the limit, in the hopes of a dope bust - it looks like Baghdad along the road there. Benbrook, in south Ft. Worth is just as bad - they essentially are runnning a 24/7 police checkpoint at the I-20 exit.

Actually, they aren't the worst I've been in. The town of Boyd, in Wise County, is even worse about how they enforce their speed laws. Where the "line of enforcement" is in regards to changes in posted speed limits, depends on how low the coffers are. I was once pulled over for beginning to accelerate to a higher posted limit. I was in plain view of the 45mph sign, and was lit up for speeding in a 35 zone. On that day, I was told that the higher limit didn't begin, untill I passed the sign. I made it a point then, that I disagreed with the assessment, and was let off with a warning. A few months ago, the V1 started squaking an instant on Ka warning against the traffic ahead. Sure enough, the Boyd PD was sitting RIGHT AT the 45 sign, looking to bust anyone who dared to be over that speed prior to crossing their "imaginary line." Being the ******* that I am, I deliberately slowed to 35, in his "45 zone", and pulled at least 30 cars through his trap. Yes, I got the ulitmate in disgusted looks from the revenuer. :D

Diesel Power 12-10-2004 03:59 PM

Quote:

Originally Posted by koop
Of course you can, if your convicted of a felony many states take away your right to vote or own a firearm. Your right to practice your religion and free speach are subject to time, place and manner restrictions. If you want to hold a public assembly to pray and denounce the government you can be required to get a permit, which is a license.

Yur right that there is nothing on the books that says you must be given a license, that I know of, because it's inconcievable that the DMV will just turn you away, however there is plenty on the books that says that your license can not be taken away without due process of law. As in the govenrment shall not deprive you of life, liberty or property without due process of law.

A DL, like other rights can be regulated but because it's regulated doesn't mean its a privledge.

Yes, you may have to get a permit to have a protest. The sole reason for this, is to insure proper security, if the event gets out of hand, and to have a means of legal reprisal if it does. However, I can state "Bush is a monkeyfaced moron" at the end of every one of my posts till the day that I die, and I cannot be punished for it. We are also free to openly criticise the actions of our government without fear of being prosecuted for it. This means, that regardless of the fact that how much Kirk, for example, hates the very essence of the existance of President Bush, the Republican party cannot throw him in prison for speaking out against his policies, and management of his job as commander and chief. There are no laws in the books that says "religion will only be allowed to be practiced on Sunday mornings." You are free to practice whatever faith suits your desires, and it's up to you to balance the religious part of your life, with the rest. A drivers license is not a life necessity, nor does not having one deny you liberty, or the right to own property. If you create a lifestyle, where that license becomes a necessity to YOU, than YOU are responsible to take the proper measures to keep it.

This is also very different from owning a firearm. The very existance of that right in our constitution, keeps our government from turning on its citizens. One doesn't have to dig very far into the history books to see what happens when citizens become subjects to their government.

koop 12-10-2004 04:08 PM

Again, there are time place and manner restrictions but that doesn't make them any less of a right. For example, during the Republican convention they had protest zones. You had your right to free speech, you just had to do it in a designated area.

A DL is the same, it's regulatory, but it's still a right. The gov wants to ensure that you know how to drive before you exercise that right, and they can take the right away, just like they can take your right to vote away, if you commit a crime but it's still a right.

The word privilige is not found in the Constitution.

Diesel Power 12-10-2004 08:19 PM

Quote:

Originally Posted by koop
Again, there are time place and manner restrictions but that doesn't make them any less of a right. For example, during the Republican convention they had protest zones. You had your right to free speech, you just had to do it in a designated area.

A DL is the same, it's regulatory, but it's still a right. The gov wants to ensure that you know how to drive before you exercise that right, and they can take the right away, just like they can take your right to vote away, if you commit a crime but it's still a right.

The word privilige is not found in the Constitution.

You will find no amendment in the Constitution, that states that you have the right to drive either.

Sorry, but no matter how hard you try to spin this, you will not convince me that driving is a right, when it's clearly written out in any state driving manual, that it is a privledge. After sitting in traffic, due to yet another major collision on hwy 114 tonight, IMO, it's a priveledge that is far too freely given, and not revoked agressively enough.

KirkVining 12-10-2004 08:25 PM

Quote:

Originally Posted by Diesel Power
You will find no amendment in the Constitution, that states that you have the right to drive either.

Sorry, but no matter how hard you try to spin this, you will not convince me that driving is a right, when it's clearly written out in any state driving manual, that it is a privledge. After sitting in traffic, due to yet another major collision on hwy 114 tonight, IMO, it's a priveledge that is far too freely given, and not revoked agressively enough.


Hope you aren't doing the commute from Dallas. I'd kill myself before doing that 114 route everyday to Roanoke. One of the more amazing things over the years is that Houston traffic got a lot better while Dallas has got steadily worse. I never thought I would say I would rather live in Houston because the traffic isn't as bad. That stretch from Central to Southlake is a freaking nightmare.

koop 12-10-2004 09:47 PM

Quote:

Originally Posted by Diesel Power
You will find no amendment in the Constitution, that states that you have the right to drive either.

Sorry, but no matter how hard you try to spin this, you will not convince me that driving is a right, when it's clearly written out in any state driving manual, that it is a privledge. After sitting in traffic, due to yet another major collision on hwy 114 tonight, IMO, it's a priveledge that is far too freely given, and not revoked agressively enough.

10th amendment, bill of rights, all rights not given to the state are retained by the people.

No spin, there simply isn't a class of "privliges" in the constitution. I simply don't understand people who not only agree to have thier rights taken but actively argue for it.

Diesel Power 12-10-2004 09:50 PM

Quote:

Originally Posted by KirkVining
Hope you aren't doing the commute from Dallas. I'd kill myself before doing that 114 route everyday to Roanoke. One of the more amazing things over the years is that Houston traffic got a lot better while Dallas has got steadily worse. I never thought I would say I would rather live in Houston because the traffic isn't as bad. That stretch from Central to Southlake is a freaking nightmare.

I run from what is basically the town of Bridgeport, to DFW airport on hwy 114. Yes, it's gotten VERY bad. Even over the last couple of days, a new backup has sprung up out of nowhere. I figure that I have a week at best, before the parallel road to the highway loads up to impassibility from commuters bailing off onto it like I did this morning. I think I passed over a thousand cars on that stretch between US377 and where the business loop goes into town. HWY 170 has been loaded up pretty bad at the merge recently as well.

Diesel Power 12-10-2004 09:59 PM

Quote:

Originally Posted by koop
10th amendment, bill of rights, all rights not given to the state are retained by the people.

No spin, there simply isn't a class of "privliges" in the constitution. I simply don't understand people who not only agree to have thier rights taken but actively argue for it.

The 10th amendment does not give us the right to drive. As a Libertarian, you'll find me one of the first to raise hell when one of our rights are being trampled on. As for driving, I'm getting more than a little sick of the outright reckless behaviour that has taken root with the driving public. Too many people have your mindset, and act as if they can do whatever they want behind that wheel.

I'd personally support doubling or tripling all fines, and allowing the various municipalities to enforce the laws as agressively as they like. Three tickets between renewals, and you can figure out how you are going to make that long commute without your car. No more deferred adjudification, or defensive driving to keep the violation off of your record. No plea bargains either. Ya wanna drive? Fine. Obey the rules. Gotta problem with that? Then hang up the keys, you don't have the maturity to handle your responsibility. How much do you wanna bet, that the roads get ALOT safer, VERY quickly.

koop 12-10-2004 10:05 PM

You're a libretarian?

Unreal

Diesel Power 12-10-2004 10:23 PM

Quote:

Originally Posted by koop
You're a libretarian?

Unreal

And what is wrong with having to be responsible for your actions?

Hatterasguy 12-10-2004 11:42 PM

Every few weeks the CT state cops go crazy on I-95. Their will be an unmarked car between every exit and tons of marked ones. On those days people never go over 55 if they do they get nailed. Bridgeport is always like this they will ticket you for 60 in a 55, and in one area the speed limit drops down to 40! :eek: Now if they ever turned that into a speed trap!

I want a V1 speed limits are just to make money.

koop 12-11-2004 12:34 AM

Quote:

Originally Posted by Diesel Power
And what is wrong with having to be responsible for your actions?

You know of course that Badnarik refuses to get a license.

wbain5280 12-11-2004 06:04 AM

Eight years of Bill Clinton taught me to never plead guilty.

Cap'n Carageous 12-11-2004 10:01 PM

Georgia is having an initiative called H.E.A.T. Highway Enforcement of Aggressive Traffic. I drive over 300 miles a day here and the only ones I've seen them stop are salesmen and military base employees, (most of those are women in Expeditions). In other words they are profiling the speeders who can pay and won't cause trouble. I don't condone speeding but this is a travisshamockery of the law!! :rolleyes:

KirkVining 12-11-2004 10:18 PM

Quote:

Originally Posted by Diesel Power
I run from what is basically the town of Bridgeport, to DFW airport on hwy 114. Yes, it's gotten VERY bad. Even over the last couple of days, a new backup has sprung up out of nowhere. I figure that I have a week at best, before the parallel road to the highway loads up to impassibility from commuters bailing off onto it like I did this morning. I think I passed over a thousand cars on that stretch between US377 and where the business loop goes into town. HWY 170 has been loaded up pretty bad at the merge recently as well.

I read an article the other day that said certain scientists think the development in the Alliance Airport area is so out of control it may actually cause food shortages in the rest of the world that depends on our exports, due to the massive amount of what was once rich farm land being so rapidly developed in that area. I had a sales call out there at the airport a few months ago and I was absolutely stunned by what has happened there is so few years. I can't believe they built all those thousands of houses on those crummy rural roads and put in all those industrial and air frieght facilities, not to mention that huge NASCAR track, and did not do any major changes to the highway systems. I have never seen such gridlock in my life - on the freeways, the secondary road, every cow path a damned traffic tie up.


All times are GMT -4. The time now is 02:47 AM.

Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2025, vBulletin Solutions, Inc.
Search Engine Optimization by vBSEO 3.6.0
Copyright 2024 Pelican Parts, LLC - Posts may be archived for display on the Peach Parts or Pelican Parts Website