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Old 11-13-2003, 08:03 AM
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my nephew's first day driving

I was talking to my sister last night, who lives in the Newark, NJ area. She tells me how my nephew got a ticket on his first night out with the car. He is 18 and just received his provisional drivers license and wants to drive the car by himself (understandable). So he and one of his friends drive over to another friends house to hang out for a few minutes. They get to the friends house and they get in the car and sit there, legally parked. Someone sees these 3 thug-looking teenagers sitting in a parked car (not running) and calls the cops. Cops show up and starts questioning the kids, no weapons, no drugs, nothing illegal going on, just some kids using a car as a social gathering area. Well, he gets a ticket for having to many passengers in the vehicle while driving on a provisional license. With his provisional license, he is only allowed to have one passenger. The kicker is, the car was not running and all 3 of them were sitting in the car waiting for the third guys girlfriend to show up to get him. Now he faces anywhere from a $50 - $200 fine plus court costs, my sister will have to take a day off from work to take him to court costing her a day's pay (she just used up her last paid vacation day).

Isn't this a real kicker for a kids first day out with the car.

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Old 11-13-2003, 08:31 AM
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If I were them I'd take it to court and challenge it. There's a good chance it would get thrown out, since the cop didn't pull them over while actually operating the car. Which technically means that he was not driving.

Plus around here, if the cop doesn't show to court the case gets pitched, that may not be the same in NJ. But a lot of times the cops never make the court dates and the case is thrown out.

Although, the judge could enforce it by going on the assumption that since they were in the car that they had the intent of operating the vehicle.

But since I believe in "Innocent until proven guilty." I'd have to fight in on principal.

That does suck for the nephew though, and I'm sure really builds a lot of respect for law enforcement.
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Old 11-13-2003, 08:46 AM
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If he does head to court just make sure it isn't JUDGE JUDY!!! Guilty, hang 'em all!!! LOL!!

Kevin
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Old 11-13-2003, 08:51 AM
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The law in SC says that if the keys are in the ignition, the car is deemed operational. We used to tailgate at the music venues and drink in the car with the keys on the dashboard. Undercover cops come by to check if we are all over 21, but don't say a thing about us being in the parked car, as long as the keys are not in the ignition.

That's just SC though, may want to look into your laws. Bring up to the judge that it wasn't running, just used as a gathering place.

Good Luck


MoocH
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Old 11-13-2003, 09:07 AM
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I was kind of thinking that if the keys were in the ignition that it could show intent or qualify as operating the vehicle. But it would be splitting hairs, and it unless there's a statute on the books that states one way or the other, it would be up to the judge.

With it being the kids first time, and his first day kind of thing I think the judge would be more inclined to dismiss it, as long as everbody behaved and acted civil.

Who knows? Just a bad situation.
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Old 11-13-2003, 09:50 AM
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Quote:
Originally posted by LostKnight
I was kind of thinking that if the keys were in the ignition that it could show intent or qualify as operating the vehicle. But it would be splitting hairs, and it unless there's a statute on the books that states one way or the other, it would be up to the judge.

With it being the kids first time, and his first day kind of thing I think the judge would be more inclined to dismiss it, as long as everbody behaved and acted civil.

Who knows? Just a bad situation.
When I lived in Tennessee, there was a case of a guy who walked out of a bar, drunk, and crawled into the back seat of his car to sleep it off. A few hours later, the police came by to check out a lone car parked in the empty bar parking lot and found him snoring away in the back seat. Because he'd put the keys in the ignition, he was charged with DUI. According to the paper, at that time, having the keys in the ignition was enough for them to prove intent to operate the vehicle.

I don't know whatever happened to the guy, or if the law is still the same, but it's something to think about.

It could always be worse. My brother wrecked my mother's Toyota Celica within 2 hours of getting his license. And it was 100% his fault. He was doing donuts in a dirt parking lot and smacked a fence post. Dad was not pleased, to say the least, and took his license away for 3 months while my brother worked off the cost of the repair.

Live and learn, I guess...

Cheers!

DesertPanel

Somewhere in Northern Nevada
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Old 11-13-2003, 12:48 PM
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Sounds like this cop had a slow night with nothing better to do.
I'd challenge it.

Chickie.
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Old 11-13-2003, 01:05 PM
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Well look on the bright side. At least he did not hit a pedestrian.
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Old 11-13-2003, 01:12 PM
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At least he did the right thing when the cop was there, he kept his mouth shut and treated her with respect (female cop). I don't know if the keys were in the ignition or not, but I would have to assume they were listening to music and the keys were in the ignition switch. All of this came about because of the way they were dressed, which made them look suspicious. All three of the boys are pretty decent kids, not complete angels, but not hardened criminals. When my sister called around to find out a little more about the charge on the ticket, she was informed that depending on the mood of the judge and the way my nephew displays himself in court will determine the severity of the punishment.
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Old 11-13-2003, 01:20 PM
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If I were him I think I'd be taking out my ear ring, studs, tongue and eye rings and finding some britchies I wouldn't have to keep everyone wondering if they were gonna fall off, and a shirt without any nasty writing on it when I showed up for court. And reply yes sir or mam or no sir or mam only when I was spoken to!
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Old 11-13-2003, 02:33 PM
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cops are tough in newark always have been and n.j. to if keys are in the ignition they will bust you ,i went to high school in jersey
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Old 11-14-2003, 08:38 AM
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I agree with the others, I`d fight it. but really when it comes to fighting the law, it`s almost the same as betting on what time the sun will come up on the very second it does. I got stopped in Ohio coming back from Michigan, I was on I-75, doing over 75 in a 65, I seen a trooper coming and thought "damn" and kept on cruising, I seen the trooper make a quick U on the median and come after me, sure enough i got stopped, and up to my window walked a 5`4 pretty, blue eyed female officer, she asked me for my license, I handed them over, and she said I was going 78 in a 65, she asked me to step out of the car, I did, she took me to the rear and there I am, god and everyone could see this 5`4 female searching a 6`3 man with my legs spread and hands on my head, She asked me where I was heading in such a hurry, and I said "Alabama Ma`am" then she asked me to step into her car, I did so, she called in my license, tag, and asked me who owned the car, I said a friend of mine which was true, at the time he hadn`t found the title, so the car wasn`t in my name, she told me "we have to get permission from the car owner to make sure it`s not stolen" and I understood, and I was thinking "there`s nobody home never at there place, I`m stuck" the officer winked at me and said, "if there`s no one there, don`t worry, we`ll have to take the car in and hold you until we can contact them, but it`s okay, if that happens, would you like to have dinner with me?" and I didn`t know what to say, so I said "um, sure" Luckily, my friends mother was home and she let me go with just a warning, and said if I was ever back in the ohio area, to pay a visit to the state trooper office and ask for her, I told her I would and that i`d be a good boy and obey the speed limit and I got out of there. she was pretty, and at the time I was taken, and it never entered my mind I could have cheated and got away with it, but I thought about why she let me slide, it sure wasn`t my looks that scored points with her, it was being polite, and that good ol "southern accent"
Instead of getting picked at about it, it got me out of a ticket.
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Old 11-14-2003, 11:48 AM
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cause for arrest

If the law says no more than one passenger in the car and the car was not on private property, then "rules of the road" apply, even if the car isn't moving. Therefore, since he had two passengers in the car hes guilty.

Sucks, but, its the law.
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Old 11-14-2003, 01:38 PM
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The Man is out to shank you any time he can man!! Yea, we got freedom all right, freedom to pay taxes till it kills you! The man says smoke this but don't smoke that. Drink this but only till you can't stand up!! Shoot these people here but don't ....never mind


Todd


Rat Rods Rule!
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