That night, he rang Savolt's doorbell and issued a second ticket, saying he thought the judge's decision was wrong.

They can do that?

Gilligann: That night, he rang Savolt's doorbell and issued a second ticket, saying he thought the judge's decision was wrong.

They can do that?

when they are trying to get more attention and embarrass their town they can. and i applaud him for it. i'm sick of politicians on every scale breaking the law and walking away. palin breaking alaskan ethics laws in troopergate without word of punishment uttered is the most recent example.

Gilligann:

They can do that?

I believe there is something in an old piece of paper written around 1789 or so that says no. Something about two-Alex Trebeks or something.

That said, the law is dumb and the mayor's excuse is dumber.

Marcus Aurelius: We had a small town cop that would shoot your pets if he saw them near the street. I'll take the ticketing megalomania over that any day.

Agreed - but the cop was still a douche....

/it's not a job requirement, but it helps!

Hero? More like dumbass. Let them charge her a second time. She should sue the city and sue the mayor...oh wait...

GodIsDead: I believe there is something in an old piece of paper written around 1789 or so that says no. Something about two-Alex Trebeks or something.

Technically, double jeopardy only applies when life or limb are at stake. A broader meaning could say that includes prison time. A still broader meaning could say that includes any criminal proceeding.

most traffic tickets are administrative penalties though. It might not get 5th amendment protection. Of course there are other pieces of paper of less general significance which may still say he can't do this.

Jesus, small towns are like high schools with their cliques and people childishly trying to screw each other over. Also, I hope the cop has another job lined up and is planning on leaving soon. Because if not, what a dumbass.

kronicfeld: Nuuu: Technically, double jeopardy only applies when life or limb are at stake

Technically, you're an idiot.

What an intelligent and well-thought out rebuttal.

And someone loses their job in 3...2...1...

Nuuu:
Technically, double jeopardy only applies when life or limb are at stake. A broader meaning could say that includes prison time. A still broader meaning could say that includes any criminal proceeding.

most traffic tickets are administrative penalties though. It might not get 5th amendment protection. Of course there are other pieces of paper of less general significance which may still say he can't do this.

Since I am not a tricky lawyer (or a lawyer at all) I will buy your ruse for now...but don't think that means I trust you.

\seriously, how could this not be double jeopardy if the proceeding was closed?

Gilligann: That night, he rang Savolt's doorbell and issued a second ticket, saying he thought the judge's decision was wrong.

They can do that?

Nope, double jeapordy. i applaud him, but he should have waited for her to do it again and given her a new one.

kronicfeld: Technically, you're an idiot.

5th Amendment: nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb

Plain reading of the double jeopardy clause. The words say it's only applicable to life or limb.

Besides, we know you don't always get the benefit of other parts of the 5 Amendment in all traffic courts. For instance, a judge may be able to ask you point blank what your excuse is, and he may be able to hold it against you if you "plead the fifth." Traffic court is usually administrative, not criminal. You get less constitutional protection in administrative proceedings. They don't have to prove things beyond a reasonable doubt, you don't get a jury, heck, sometimes (like with speed cameras) you don't even get a meaningful right to face your accuser.

Gecko Gingrich: I agree, but without the sarcasm.

Nuuu is an idiot.

Let me be more specific. This is not double jeopardy. It is res judicata. They accomplish the same thing, but res judicata is a common law defense, not a constitutional defense.

Gecko Gingrich: It's not held against you in the sense that you are penalized for it; rather, if it's "he" said/"she" said (as most traffic cases are), and "she" refuses to say anything, then "he" is assumed to be right.

5th Amendment: nor shall be compelled in any criminal case to be a witness against himself

If the traffic court is administrative, as many are, it is by definition NOT a criminal court and also by definition your right to plead the 5th does not exist. He can hold it against you in whatever way he chooses to hold it against you.

The founders were only concerned about behavior in criminal court. They didn't much care what happened in civil court and they had almost no cognizance of what an "administrative" power was. Almost all of your constitutional protections, with the notable exception of a general (and fairly minimal) due process right, do not exist in an administrative law court.

kronicfeld: Nuuu: If the traffic court is administrative, as many are, it is by definition NOT a criminal court

So the state can make me pay the same $70 speeding ticket an infinite number of times?

Maybe, but probably not. Like I said, this is ordinarily barred by res judicata, which accomplishes the same thing as double jeopardy but is not a constitutional protection. Because it is not a constitutional protection the state may be able to pass a law that bypasses res judicata in some circumstances. Not that they did, not that they would, but they probably could.

This cop has a funny way of giving notice.

Rhyno45: And as mayor, it is conceivable that they would take more emergency calls than the rest of the folks out there. But more likely BS, but I'd give the benefit of the doubt.

Is your call an emergency? Pull the fark over. The mayor has absolutely no excuse. Either wait and call back from a parking lot or driveway somewhere, or pull over. Those are the choices.

Calling Sarah Palin, Calling Sarah Palin

A douchebag cop? Unpossible.

Yeah, it sucks the case was dismissed, but he had his day in court and the case was dismissed - get the fark over it.

How did she know it was an emergency call before she answered it?

bronyaur1: Yeah, because cops never break the law.

This is the first time I've ever seen a police officer correctly use some civil disobedience. Let's hope the fullowup isn't too sad.

Hero tag? How about douchebag tag!?

Somewhere on a pedophile chat room, some guy is lamenting the golden days before the cell phone using motorists took their position as most reviled people on the Western Hemisphere.

my question is, how did the mayor know the call was an emergency before answering it?

lame farking excuse

Gilligann: That night, he rang Savolt's doorbell and issued a second ticket, saying he thought the judge's decision was wrong.

They can do that?

Civil Protection can do what it wants.

I promise you it wouldn't have gotten thrown out for us. Good for him. I am doing an internship with the Sheriff's Department and you wouldn't believe the amount of SHIAT they put up with. If your local police department offers it, I highly recommend you take a ride-along in a metro area. It will change your perspective greatly. Like 98% of people in a metro area are douchebags to the cops and they can't do anything. The reason some suspects get shot 987 times is because cops can hardly ever touch anyone or protect themselves because their hands are tied. So when that opportunity finally comes along where everyone realizes they're getting shot at and it's going to be okay to put a few rounds into this guy, everyone loses it and unloads clip after clip into him.