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  3. Judge rules trucker flashing headlights is free speech

Judge rules trucker flashing headlights is free speech

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  • N Nish Nishant

    Judge rules trucker flashing headlights is free speech[^] I've never done this, but have had others do it to me - not that I was speeding on any of those occasions.

    Regards, Nish


    Blog: voidnish.wordpress.com Latest article: C++ 11 features in Visual C++ 2013 Preview

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    MacSpudster
    wrote on last edited by
    #29

    We shall! In the 1980 Idaho State Legislative Session they quasi-adopted (not in full, but sections here & there of) California's then-Traffic Infraction laws and enacted the 1980 Idaho Traffic Infraction Act (TIA). Now, the Idaho Supreme Court (ISC) is authorized via the Idaho Constitution (ICon), Article V, Section 25, (A5-S25) to review law and, if they discover any "defects", can detail those defects and submit them long with a letter to the Governor. The Governor can then, at his/her (we've not had a "her" Gov ... yet) discretion, send that letter and defects onto the Legislature to correct. Seems all fine & well. Keeps things in check, balance of powers between the branches [executive, legislative, judicial]. Oddly, our ICon, Article 2, Section 1 (or A2-S1), calls them not "branch[es]," but "departments," Yet, within the executive branch, they have the various (20+) "departments"; Dept. of Commerce, Dept. of Fish & Game, etc. I'll call the 3 "dept" as defined in ICon A2-S1 "branch[es]". A2-S1 also qualifies the separation of exercising power between the branches; basically, one can't do the other's function; e.g., Executive or Judicial can't make laws, Legislative can't enforce, etc. Well, in 1980, the ISC looked at the TIA and found many defects. So much so, they formed a "study committee" made of solely of other lower district judges, their own ISC staff, and others within the Judicial Branch. This committee would go over the TIA with a fine toothed-comb (per se) and write it correctly. OK, this committee had no executive or legislative members a part of it. Solely of the judicial branch. That committee rewrote 60+ pages of law, including adding new law. They did much of this rewrite using ISC staff inside of the ISC building. Now, Article 1 of ICon is the "Declaration of Rights" that "we the people" have retained that the gov't cannot touch (make laws to the contrary). Article 1, Section 7 (A1-S7) reads: The right to a trial by jury shall remain inviolate". In rewriting 60+ pages, that committee (all judicial that they are) included these elements: - That a traffic infraction citation is neither criminal or civil, but a "public offense"; - That "public offenses" will be treated in court like a misdemeanor (that is, the procedure for 'going to court', but (now, get this), unlike a misdemeanor where there is a jury, for infractions "there shall be no right to a trial by jury" (Idaho Code [IC] §49-1502); This judicial committee then sent the 60+ pages to the ISC Justice

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    • N Nish Nishant

      You fast car folks probably need this a little more than us Honda/Toyota drivers. :rolleyes:

      Regards, Nish


      Blog: voidnish.wordpress.com Latest article: C++ 11 features in Visual C++ 2013 Preview

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      David Cunningham
      wrote on last edited by
      #30

      ;-)

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      • T TheGreatAndPowerfulOz

        I'm sure if I were to name one that you'd argue that it's primary purpose is about raising revenue. And I might agree with you if it were a common event like traffic ticketing. But robbing a bank, for instance, is not a common event, at least not with the frequency of traffic tickets. Even some traffic tickets, especially those associated with traffic accidents, are not primarily about raising revenue.

        If your actions inspire others to dream more, learn more, do more and become more, you are a leader.-John Q. Adams
        You must accept one of two basic premises: Either we are alone in the universe, or we are not alone in the universe. And either way, the implications are staggering.-Wernher von Braun
        Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.-Albert Einstein

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        PIEBALDconsult
        wrote on last edited by
        #31

        Are you saying that there's a fine for bank robbery? Not jail time? :confused:

        You'll never get very far if all you do is follow instructions.

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        • P PIEBALDconsult

          Are you saying that there's a fine for bank robbery? Not jail time? :confused:

          You'll never get very far if all you do is follow instructions.

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          TheGreatAndPowerfulOz
          wrote on last edited by
          #32

          Yes, there's a fine for bank robbery, in conjunction with jail time.

          If your actions inspire others to dream more, learn more, do more and become more, you are a leader.-John Q. Adams
          You must accept one of two basic premises: Either we are alone in the universe, or we are not alone in the universe. And either way, the implications are staggering.-Wernher von Braun
          Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.-Albert Einstein

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          • T TheGreatAndPowerfulOz

            Yes, there's a fine for bank robbery, in conjunction with jail time.

            If your actions inspire others to dream more, learn more, do more and become more, you are a leader.-John Q. Adams
            You must accept one of two basic premises: Either we are alone in the universe, or we are not alone in the universe. And either way, the implications are staggering.-Wernher von Braun
            Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.-Albert Einstein

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            PIEBALDconsult
            wrote on last edited by
            #33

            Do they take a percentage?

            You'll never get very far if all you do is follow instructions.

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            • P PIEBALDconsult

              Do they take a percentage?

              You'll never get very far if all you do is follow instructions.

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              TheGreatAndPowerfulOz
              wrote on last edited by
              #34

              LOL

              If your actions inspire others to dream more, learn more, do more and become more, you are a leader.-John Q. Adams
              You must accept one of two basic premises: Either we are alone in the universe, or we are not alone in the universe. And either way, the implications are staggering.-Wernher von Braun
              Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.-Albert Einstein

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              • G GuyThiebaut

                So ,communicating with someone and telling them not to break the law when a cop is present is illegal :wtf: Although it does make sense given the privatisation of jails in the US and the consequent drive to jail people for profit.

                “That which can be asserted without evidence, can be dismissed without evidence.”

                ― Christopher Hitchens

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                chriselst
                wrote on last edited by
                #35

                A bloke in the UK was found guilty of something along the lines of interfering with police business for warning drivers about a speed camera van a year or two back.

                Some men are born mediocre, some men achieve mediocrity, and some men have mediocrity thrust upon them.

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                • T TheGreatAndPowerfulOz

                  If that is true, then that only proves the assertion by many that traffic ticketing is mostly for raising revenue rather than traffic safety. Police Officers then become nothing more than armed tax collectors.

                  If your actions inspire others to dream more, learn more, do more and become more, you are a leader.-John Q. Adams
                  You must accept one of two basic premises: Either we are alone in the universe, or we are not alone in the universe. And either way, the implications are staggering.-Wernher von Braun
                  Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.-Albert Einstein

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                  JimmyRopes
                  wrote on last edited by
                  #36

                  ahmed zahmed wrote:

                  Police Officers then become nothing more than armed tax collectors.

                  Is there a better type of tax collector? :~

                  The report of my death was an exaggeration - Mark Twain
                  Simply Elegant Designs JimmyRopes Designs
                  I'm on-line therefore I am. JimmyRopes

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                  • J JimmyRopes

                    ahmed zahmed wrote:

                    Police Officers then become nothing more than armed tax collectors.

                    Is there a better type of tax collector? :~

                    The report of my death was an exaggeration - Mark Twain
                    Simply Elegant Designs JimmyRopes Designs
                    I'm on-line therefore I am. JimmyRopes

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                    TheGreatAndPowerfulOz
                    wrote on last edited by
                    #37

                    Yes, an unarmed, non-existent one

                    If your actions inspire others to dream more, learn more, do more and become more, you are a leader.-John Q. Adams
                    You must accept one of two basic premises: Either we are alone in the universe, or we are not alone in the universe. And either way, the implications are staggering.-Wernher von Braun
                    Only two things are infinite, the universe and human stupidity, and I'm not sure about the former.-Albert Einstein

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                    • N Nish Nishant

                      Judge rules trucker flashing headlights is free speech[^] I've never done this, but have had others do it to me - not that I was speeding on any of those occasions.

                      Regards, Nish


                      Blog: voidnish.wordpress.com Latest article: C++ 11 features in Visual C++ 2013 Preview

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                      Ravi Bhavnani
                      wrote on last edited by
                      #38

                      This was very common in Massachusetts in the 80s.  I didn't know people still did it! :-D /ravi

                      My new year resolution: 2048 x 1536 Home | Articles | My .NET bits | Freeware ravib(at)ravib(dot)com

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                      • G GuyThiebaut

                        In the world of big money, corporations and government agencies - one tends to find that, strangely enough, those working at the top of government agencies often happen to find themselves with places on the boards of those corporations when they retire. I'm sure it's all above board and I am just a cynic...

                        “That which can be asserted without evidence, can be dismissed without evidence.”

                        ― Christopher Hitchens

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                        jschell
                        wrote on last edited by
                        #39

                        GuyThiebaut wrote:

                        those working at the top of government agencies often happen to find themselves with places on the boards of those corporations when they retire.

                        I think that you will find that most elected officials do not end up working for corporate jail corporations in any capacity. Nor does your implied suggestion have anything to do with my comment.

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                        • J jschell

                          GuyThiebaut wrote:

                          those working at the top of government agencies often happen to find themselves with places on the boards of those corporations when they retire.

                          I think that you will find that most elected officials do not end up working for corporate jail corporations in any capacity. Nor does your implied suggestion have anything to do with my comment.

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                          GuyThiebaut
                          wrote on last edited by
                          #40

                          Of course to imply that anyone with power and influence would ever use that as a lever for power in the future would be the most cynical proposition to ever make, an implication which I would never dare to impute on anyone...

                          “That which can be asserted without evidence, can be dismissed without evidence.”

                          ― Christopher Hitchens

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                          • G GuyThiebaut

                            Of course to imply that anyone with power and influence would ever use that as a lever for power in the future would be the most cynical proposition to ever make, an implication which I would never dare to impute on anyone...

                            “That which can be asserted without evidence, can be dismissed without evidence.”

                            ― Christopher Hitchens

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                            jschell
                            wrote on last edited by
                            #41

                            Which still has nothing to do with revenue and costs.

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                            • N Nish Nishant

                              Judge rules trucker flashing headlights is free speech[^] I've never done this, but have had others do it to me - not that I was speeding on any of those occasions.

                              Regards, Nish


                              Blog: voidnish.wordpress.com Latest article: C++ 11 features in Visual C++ 2013 Preview

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                              Lost User
                              wrote on last edited by
                              #42

                              The fact this had to go to court shows how far out of hand some police officers are at this time.

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