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NEED LEGAL ADVICE A.S.A.P. BEING HARASSED BY SHERIFF. FOR EXCESSIVE DECIBEL LEVEL

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Old 07-03-2001, 03:33 PM
  #21
Brad Perry
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Just the part of raising his voice to my family is enough to make me militant. I'd have the wife recording the whole thing, regardless of what he said.

Short Story:

I was once stopped for getting my bow about .5" into a restricted zone (dam intake). Those guys have ESP. When the parks and wildlife dude saw that we were all drinking beer, he ordered me into his boat and asked if anyone else could drive the boat. I said absolutely not and said that I had looked into Texas boating laws and that it was not illegal to have an open container on my boat as long as I was not legally intoxicated (which I was not). He then ordered me into his boat even more determined. Turned out that I had just cleaned out the glove compartment and could not find the registration. Then he wanted to see my license. It stays in my truck. I gave him the number and he called it in. Didn't help that it was three years out of date! He wrote me a ticket for the restricted area infraction and asked if I had any questions. I repeated what I had said earlier and he mumbled something about a local city ordinance?? I called several offices of the texas parks and wildlife and got totally different answers. Finally called the head office in Austin and talked to the boating law administrator for the state. He said that the officer had no business even discussing the local ordinance because he could not enforce them. Then he wanted the officer's badge number! It goes without saying that I have committed the boating law administrator's name and number to memory.

He wasn't that bad, as he didn't write me a ticket for the lack of registration on board. Not nearly the dick you're dealing with.
 
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Old 07-03-2001, 04:42 PM
  #22
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This past weekend, I was out on the Mississippi River boating and a guy in a 25' Baja asked me at the launch if I was stopped and tested for noise. I told him NO and he said I was lucky because he was. Evidently he was pulled over because he was to noisy and the cop gave him a ticket and told him he had 5 days to send proof from a certified marina indicating that his exhaust db was lower than the 86 allowed around here.

I told him that I guess I was lucky because that sounds like BS to me.

Also, once you get your boat down the 3db, make sure you have the cop test it and cam corder the results and then tell the cop to tell the homeowners association that you are now legal so that they stop harrassing you. Once that is done, I would make it a point to muscle by those complainers houses early mornings and late evenings and wave
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Old 07-03-2001, 05:27 PM
  #23
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Ethnically enhanced automobiles.........
LMAO.........
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Old 07-03-2001, 06:01 PM
  #24
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I hate this crap. Why is it that someone, somewhere is always trying to damper other peoples fun. Leave everyone alone, we are not hurting anything. If we sat outside their homes and follwed them out for the evening, I guarantee you could call 911 and report a possible DUI. Maybe that's the recourse!! QUick story. Few years back I'm driving home (my truck)form the Gym at 11:30 at night. It's a cold, windy Tuesday night in November (Cincinnati, Oh) and I had to take a detour down a side street to get home, becuase of the month long construction on the main street I usaully take. I go down the side street, which is one way, 25mph and some a-hole is shooting radar at the bottom of a hill!! Pulls me over for 41 mph, not another car in sight. It's almost midnight on a tues in Nov for s%$ts sake. Cemetary on one side, field on the other. It's not like I'm going thru a school zone @ lunch hour. I didn't lead on to the fact I was going to fight it, so he had no time to fudge his records. So, I went to court after I filed for a continuance about 4 times, (just to piss him off) and showed up with files, pictures, books, notes, all sorts of stuff and won on the fact the radar was not calibrated correctly. I would think there is a whole slew of ways to get out of a ticket on something as with as many intracacies as measuring DB. Cam corder is a great idea, also, pull out your state revised law book and start citing laws to him, or better yet, just make them up. They probably won't know the difference. Last thing a cop wants to do is look like a moron in court, so the more you know, or claim to know, the better. good luck to all, this sort of BS drives me friggin nuts. Later Allan
 
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Old 07-03-2001, 08:01 PM
  #25
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I am really enjoying all the nice stories and comments that my fellow oso members have about us A**holes that enforce the laws of our respective states. I may not always agree with the laws but if it is our job to enforce them that it what we will do. Just like you may get paid to sell, make, design,or install a certain product you do it and you do it the best you can. Well we try to do the best we can impartially, unbiased , and professionally. If you are in violation or the laws in your state then rectify the problem. If you choose not to fix the problem then every action you take has a consequence.
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Old 07-03-2001, 08:43 PM
  #26
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Warrior 36, I assume you are a police officer of some sort. Understand where these comments are coming from. I have several CLOSE friends who are cops, and I have the utmost respect for them and their job, becuase it is a hard job, no doubt. But what most of these guys are gripping about, myself included, is mostly the lack of respect for a situation or scenario. The same people who spend much time and money annually keeping our waters "boatable" and safe are being fined for what a few residents call excessive noise. Add that to the alleged lack of deserved respect some have encountered while being stopped for what we already think is a bogus charge. Sure, the law is the law, I agree even if I disagree, but the situation dictates such minor offenses. Prima Facie speed limits is a perfect example. I believe the same theory applies here. Do you stop every Jay-walker you see, of course not. It's situational. Some guys on the board feel they are being targeted, perhaps by influential nieghbors, and that is the gripe. It appears we are victims of politics, and the people enforcing the laws are not performing tests correctly, leaving us boat owners in a two fold dilemma. Just like my speeding ticket. Hell, the radar was not even calibrated correctly and I recieve a $76.00 ticket! That's simply lunacy. No disrespect to the hard working law enforcement, because 99% of them are good men and women, but the boaters have rights as well, no matter what the reason for being stopped. that's why I say know your rights and make sure they are respected. If a test is too be performed, be sure it's done correctly. If I would not have it would have cost me $76, 2 points on a clean license, increase in insurance. No way. If you (I'm not pointing the finger @ you, but in general, cop or not) are going to accuse someone of breaking the law, be sure they are guilty and your ignorance is not the reason for the citation. For the record, the trouble here in Cincy has me waving at and praising the police when I see them. HAPPY 4TH!!!!!
 
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Old 07-04-2001, 12:35 AM
  #27
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HEY WARRIOR 36 SO YOUR TELLING THAT ALL THE MORNINGS I WOKE UP AT 3 IN THE MORNING TO GO TO WORK AND BE AWAY FROM MY FAMILY FOR DAYS AT A TIME THAT THE CONSEQUENCES ARE HAVING TO PUT UP WITH RICH BASTARDS THAT HAVE NOTHING ELSE TO DO BUT HARASS ME, WHEN THERE ARE 300 BOATS OUT THERE WITH ME IN WHICH ABOUT 40% OF THEM HAVE THRU HULL EXHAUST.AND AS FAR AS THE DICKHEAD SHERIFFS GO THEY ARE NOTHING MORE THAN PUPPETS ON A STRING ON POWER TRIPS,THINKING THEY ARE SO IMPORTANT HARASSING PEOPLE WHO ARENT AFRAID TO GO OUT AND MAKE A GOOD ENOUGH LIVING TO AFFORD THESE KIND OF BOATS.I SPEND MORE IN FUEL A WEEK THAN THEM IDIOTS MAKE.I AM NOT COMING DOWN ON ALL LAW ENFORCEMENT PEOPLE BUT WHEN THEY SINGLE ME OUT ,I AM NOT GOING TO LAY DOWN BY MY BOWL AND QUIVER.I WISH THEM PRICKS WOULDNT HIDE BEHIND THEIR BADGES CAUSE I WOULD KNOCK THEIR TEETH DOWN THEIR THROAT, THEY KNOW THEY ARE SINGLING ME OUT AND IT IS WRONG.BUT ACT LIKE THEY ARE ENFORCING THE LAW .THAT IS BULL****!!!!!!!
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Old 07-04-2001, 02:32 AM
  #28
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I agree with troutly....no need for the attitude. And buy the way law enforcement does not pay as bad as you think. I have several friends that are cops that make six figures with the overtime. As far as being "afraid", when was the last time you were attacked, shot at ect..while working. Show some respect.

[ 07-04-2001: Message edited by: HavasuCat ]
 
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Old 07-04-2001, 06:11 AM
  #29
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Thanks for the back up HavasuCat.
BAD HTM, I do not agree with singling someone out to enforce laws. Fairness to all is whats needed. Your best weapon in this is going to be you and/or a lawyer's knowledge about the specifics of the test procedure.
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Old 07-04-2001, 02:01 PM
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Being you spend more in a week on gas than us in law enforcement make on a yearly basis you could easily afford a set of muffler's for your boat. I guess I should get back to filling out more applications for loans so that MAYBE just MAYBE I will get approved and be able to afford just 1 day of boating this year I agree with the other oso members As for any officer on land or water who conduct tests and are not properly trained in those tests then they should not be conducting them. Oh you must excuse me now I have to do my paper route so that I can afford to eat tonight. I thought I might be able to 5 gallons in a 36 Apache this Holiday but the family must eat !
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