LordPistachio:
What an intelligent and well-thought out rebuttal.


Suck it, Blues!

ultraholland:

They're called "strippers".

bunner:

/hot as it gets

Thanks, you guys are great.

ScotterOtter:

This

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



Also, what's not mentioned that the cop may have taken into account,
is if cell phone usage is allowed by speakerphone or hooked up
through the vehicle, but not allowed to be held up to the
ear while driving.

That may be exactly what the cop is disagreeing with.

Well, someone lost his job.

milo_rules: We have something in this country called force of law and finality of judicial determinations. And another little thing called "Double Jeopardy." I.e. you cannot be charged with the same crime twice.

You might want to ask Laurence Powell and Stacey Koon how that works in reality.

Rhyno45: It's not double jeopardy because it was never tried and the mayor found innocent. It was dismissed. Lot's of cases get dismissed for lack of evidence but can be re-tried with more evidence or a different judge.

If I was that mayor, whether I was right or wrong, I would be having a loooong talk with the Chief of Police about the upcoming reorganization they would be undertaking due to a tight budget that just popped up.

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.

The cop was an NYC cop, Mamaroneck is not in the city. She can talk to her Police Commisioner all she wants. About doughnuts or something, but thats about it.

I too probably would have just waited for another infraction.
Why these assbags dont just buy a hands-free device is beyond me.

They should arrest the judge for obstruction of justice. It'd like to see the hilarity ensue.

What's the HERO tag for? A cop who once again overstepped his authority and tried to go over the court's? That's what I'd call a cop that NEEDS to be fired desperately. He's obviouly drunk on power. I hope he get's fired and can never get another job as long as he lives.

ToasterThief: Well, someone lost his job.

not until the cop's defense lawyer subpenas the mayor's phone calls and cross-examines the caller to see if it really was an emergency for the mayor to endanger the other drivers.

the mayor should take the fine and stop being above her residents.


bales: 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.

with mccain's chance of winning like a snowball in hell, palin won't last until her reelection in 2010.

Cops aren't content having their efforts to apply law nullified. They aren't content simply citing law breakers. The dismissal supplants his self-image as an executor of the law.

That's how suburban NYC politics work. You know someone or are someone, you don't pay when it goes to court.

An honest person would've paid the fine and gone about her business of doing nothing as the Mayor of Mamaroneck.

FTFA: In March, Officer Michael Petrillo pulled over Mayor Kathleen Savolt in the bedroom community of Mamaroneck, just outside of New York City, for using her cellphone while driving.

The mayor argued the incoming call was an emergency and she was in an area where she couldn't pull over.

O rly?

GENETICBAGGAGE: Yeah, because cops never break the law
bronyaur1:

Teh cops here in AJ will shoot a tard w/ a butterknife just as quick as u kan blink!

Well, leave the butter knife at home next time.

/I keed.

Career Limiting Move.

Whatever the law may or may not be.

Since when can a MAYOR have a legitimate excuse not to have a hands-free device? And if you thought that you might be getting an emergency call (the only way she might've known that it was an emergency) why didn't she have it hooked up? Ticket!

Don't bother with the second ticket. Go for the judge if you think something's afoot. (Something probably is here too...)

Gecko Gingrich: So I can ignore the summons and the judge won't issue a bench warrant for my arrest for failing to appear? Or if I do show up and get found guilty of doing 180 in a 35, I don't face jail time? Or if I am assessed a fine, I can refuse to pay it?

IANAL, but from the few law classes I happened to take for fun and the couple of experiences I've had in traffic court (ok, a lot of experience):

1) By accepting a driving license, you agree to settle disputes regarding licensure and traffic matters in administrative proceedings, pending review by the highest level of the administrative process, at which point you can appeal to the state supreme court. This is similar to medical malpractice: malpractice proceedings all take place in administrative courts. Now, just because it is administrative court does not mean that it is not court. The judge is still the judge and still has power to enforce the courts decision, including forcing you to appear. Moreover...

2) Administrative proceedings can also be combined with or escalated to criminal proceedings, which is how the judge can issue a bench warrant, and also why you face jail time for certain traffic code violations which are combined with misdemeanors and/or felonies.

3) How the hell do you get that? If you are a doctor and are found in violation of physicians ethics codes, you do not spend a single minute in real court for it (unless the ethics breeches also violate a law), but you can still face enforceable consequences, such as loss/suspension of license or fines. Basically, by getting your license, you agree to enter the jurisdiction of the administrative system in question and to abide by their rules and judgments. Administrative courts follow slightly different rules than standard courts, but are no less valid than the US Supreme court itself.

The judge threw it out since you can't pull someone over for talking on their cell phone since it is only a minor moving violation, and they can only be cited if they were pulled over for somethin else.

Hey cop, you are not above the law. Law's been decided. too bad.

and hey mayor, you aren't above the law either.

emergency call?

was life at risk? maybe call 911 instead of the mayor?


emergency must mean life or death(literally), not important(to you) business or tail, or whatever...

I would have gone to the papers about this instead of writing a second ticket since that gets HIM into harassment territory.

That way you can be in the right and have the papers start looking into the judge and the mayors backgrounds, and see if their is anything there.

plus it stays in heir mind next time either of them have to run for re-election

If the officer was not present at the hearing

HEARING

of the ticket, then the dismissal was Out Of Order and the second ticket is warranted.

The officer can also cite the judge for violation of law.

one word.....contempt.
/case dismissed

"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."

yeah cops may fire that many times, but hit like, 1% of those shots!


maybe they know how bad their aim is, so they shoot so many times, to increase the odds that they'll hit their target at least once! (and hopefully,not an innocent guy walking a block away (see Lark Street, Albany NY, 2004
http://timesunion.com/AspStories/story.asp?storyID=337562&category=SHOOTING&BCCo de=&newsdate=10/22/2008)


They need mandatory shooting tests, every month.

bales: 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.

I concur. We need more officers with balls!

Here's a random article (new window) linking cell phone use and traffic accidents.

Emergency call? Fark you. Unless someone's having an aneurysm or a baby in the back seat, you can pull the hell over and call. Cell phones are no longer cool and you don't need to use them in the car.

Unless it's an iPhone, of course. Those are exempt from any law.

milo_rules: WTF HERO TAG?

This guy is a total douche. We have something in this country called force of law and finality of judicial determinations. And another little thing called "Double Jeopardy." I.e. you cannot be charged with the same crime twice. Once there was a judicial determination that dropped the original charges, the case is settled.

The cop has absolutely no authority to issue another ticket because he does not like the judicial determination. In fact he is violating express U.S. and probably state law by doing so. He will probably lose his job for it. Certainly a cop who thinks he is above the law deserves to.

And another mayor who thinks the law only applies to little people should keep their job? The cop was wrong but the mayor was wrong as well (and so was the judge who threw out the origional ticket)

Brade:
maybe they know how bad their aim is, so they shoot so many times, to increase the odds that they'll hit their target at least once! (and hopefully,not an innocent guy walking a block away

They need mandatory shooting tests, every month.

I think that the cops hitting an innocent person across the street is a complete abnormality, highly improbable. The reason I think that is because of all the stories I've heard from friends in the medical field. Doctors can nearly always guess, when a criminal comes in with bullet wounds, whether he was shot by cops or civilians or other criminals.

Typically, the other criminals tend to shoot all over the place, gang style logically. Civilians tend to shoot center mass. The kind of civilian who carries a gun and uses it in self defense typically trains for just that. Cops tend to shoot in the legs and hips. They just start shooting before they start aiming. There are, of course, exceptions, but it's still very accurate.

Some of my dads friends at the hospital are also on the FNRA committee. They know other committee members around the region who are also in the medical field, etc, etc.

ActualFarkal: Here's a random article (new window) linking cell phone use and traffic accidents.

Huh? We allow 70 year-old people to drive, so the conclusions the article draws don't make any sense.

note to self...."but but but judge, it was an emergency so it doesnt ocoont." Why make a farking law with such a gigantic loophole

Gdalescrboz: note to self...."but but but judge, it was an emergency so it doesnt ocoont."

And the filter claims yet another victim whose only crime was typing a bit too quickly...

bronyaur1: bales: 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.

Yeah, because cops never break the law.
Oh Christ. PAlin acted legally. The damn report, files by an Obama sychophant who promised to nail her ass to the wall even admitted that she had ample justification and acted completely legally (but that she had additional motivation beyond her legal justification that pretty much forced her to fire him for absolute gross insubordination). Monegan actually resigned anyway, and admitted it was due to his refusal to adhere to her budget authority. He beats the shiat out of his wife, so it's obvious he just couldn't work for a strong woman. That Tasergate story is just about Todd Palin using civilian means to complain about a trooper, like any other Alaskan citizen. That's all the Palins did 'wrong'.

Palin has made plenty of legit errors for you to complain about, so please don't lie.

Bathia_Mapes:
How about someone with a butterface?

Yeah, you too.

I'd like to see the follow-up on this story. If I was the judge, I'd be handing the cop his ass in court for contempt of my original decision. Maybe a few days in his own cell would shape the guy up, and the mayor could then fire the guy. This dick thinks he's superior to the court and his boss, the mayor.

But the question is:

How long did he follow the mayor, waiting for her to use the phone?

Hero? No. Fired, yes. You cannot reissue a ticket if a judge throws it out.

Hangup and drive you dumb coont

So conversation in cars is now illegal in the northeastern nanny states? Interesting.

/Somehow yacking on a phone is different than flapping gums with passengers. Who knew?

schadenfreudian: So conversation in cars is now illegal in the northeastern nanny states? Interesting.

/Somehow yacking on a phone is different than flapping gums with passengers. Who knew?

Yes, we have to have a hands free headset, even though statistically, they're no safer than talking on the cell without one. It's yet another bs law, that's really just an excuse to ticket tax you.

I'd like to meet the bizzaro version of this cop. A cop that knows you're breaking the law, but doesn't enforce it because he thinks the lawmakers are wrong.

Baggins: one word.....contempt.
/case dismissed

That was my thought as well. Bailiff, whack his pee-pee.

Gilligann: They can do that?

Sure, anyone can say that they think someone is wrong. Whether he actually has any power to do anything about it is a totally different question :-p

Since I hate people that speak on the phone while driving, I'm thinking we should waterboard the biatch at the very least. Maybe we should just send her to Abu Graib for some righteous reconditioning. I think that would be swell.

How did the mayor know it was an emergency call until she'd answered it? Was it her batphone?

What was the emergency? Was there a sale at Macy's?

Funny story, and for me, since the ban (law) against driving with cell phones, I've seen two or three doing it anytways.

The first one was a cop.

And this month is another "operation" month for safer driving AKA we will ticket for anything or anyone that we want AKA the city's budget is low and we need more income.

After over 20 years of driving, never got a ticket, and last time, got "caught" twice, once in a trap wher they wre ticketing everyone that couldn't stop on a yellow (normal driving) safely and charged with running a red light (long story that involved me seeing them doing it to everyone, not just me), and a "speeding" one when I actually had been verifying my speed the whole time.

I lost all respect for traffic cops.

gpellis: 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.

So you are a douchebag intern? Or an intern douchebag?.

Want to know the reason why the police can't do anything to 98% of the people? Because they didn't do anything wrong. It is your perception that 98% of the people deserve something, and then you come out and justify someone getting riddled with bullets as a cartharsis for the police since they couldn't just shoot those other people too.

Wow.

Arcanum: Oh Christ. PAlin acted legally. The damn report, files by an Obama sychophant who promised to nail her ass to the wall even admitted that she had ample justification and acted completely legally (but that she had additional motivation beyond her legal justification that pretty much forced her to fire him for absolute gross insubordination). Monegan actually resigned anyway, and admitted it was due to his refusal to adhere to her budget authority. He beats the shiat out of his wife, so it's obvious he just couldn't work for a strong woman. That Tasergate story is just about Todd Palin using civilian means to complain about a trooper, like any other Alaskan citizen. That's all the Palins did 'wrong'.

Palin has made plenty of legit errors for you to complain about, so please don't lie.

are you dense? the report, filed by the alaskan BI-PARTISAN legislature, found that she (and especially todd) broke ethics laws when pressuring monegan. its black and white. yes, she had the authority to fire monegan, but she did NOT have the authority to pressure him to fire his employees. those are the facts. and there are no consequences for her actions here. tell me, what is the point of ethics law in the first place if there are no consequences?

i know if i exerted my influence improperly in my job i'd be canned in a minute.

what this cop did was make a point. he knows damn well this second ticket is going nowhere. the point being made here is our politicians and our leaders think themselves to be above the law. this shiat has got to stop.

I'm not a lawyer, but the way I understand it is double jeopardy protects someone from being tried for the same crime twice. The judge dismissed the case, so she was never tried. If this is true the second ticket could be valid.