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NEW YORK HAM TICKETED- Part II

Discussion in 'Amateur Radio News' started by Guest, Jun 11, 2003.

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  1. W6XTC

    W6XTC Ham Member QRZ Page

    Well Richard, I'm sorry to hear that things did not go as you had hoped on 6/9. But that's now past and you need to concentrate on getting this case dismissed at the next hearing. I have to agree with the thread that as a minimum you need to at least consult with an attorney, that is either a ham or has represented a ham in any similar cases. I too would hope that the ARRL is also giving you some assistance and advice.
    You may have already seen this but there is a fairly informative website, that mentions some past cases (I am not sure if they are in any way similar to your situation) but it may help.
    http://www.nf2g.com/scannist/nys_laws.html

    Again Good Luck and keep us posted.
     
  2. N8QGC

    N8QGC Ham Member QRZ Page

    Richard,

    From your first post this text is what exempts you:

    Nothing in this section contained shall be construed to apply to any person who holds a valid amateur radio operator's license issued by the federal communications commission and who operates a duly licensed portable mobile transmitter and in connection therewith a receiver or receiving set on frequencies exclusively allocated by the federal communications commission to duly licensed radio amateurs.

    In Michigan we are protected by MCL 750.508 which states pretty much the same thing. The only difference is that our law states you must hold a Tech class license or higher.

    I won't get into opinion or speculation as to what the judge did or said etc. What I will say is this.

    GET A LAWYER! You should call the ARRL and have them refer you to one of the volunteer counsel in your area.

    I wish you luck. Many years ago I beat a ticket the same way, I was pulled over in a rural southeastern Michigan county and issues two tickets, one for speeding, and the other for having the scanner in the car. I did by the way speed, and I did have a scanner in the car. Michigan's law states that as long as I hold a tech class license or higher I can have a scanner in the car.

    I presented myself to the judge with a copies of documentation in much the same manor as you did. I guess the only difference here is that the judge looked over the law and dismissed the ticket. Of course I still had to pay a $75 dollar speeding ticket! I had that one coming. The morale is that I did not have to spend 1 year in prison and have a $500.00 fine for the scanner.

    Since the judge did not dismiss your ticket, I believe that representing yourself is no longer the issue. You should get an attorney.

    Good luck and keep us posted!

    73 de John N8QGC
     
  3. N8QGC

    N8QGC Ham Member QRZ Page

    Just to avoide the flames yeah I know I can't spell either [​IMG]
     
  4. KG6QHK

    KG6QHK Ham Member QRZ Page

    I don't quite understand how the state of New York can be so obtuse, and so rude to HAM radio operators. With all we do in times of emergency, and the educational opportunities that we provide in the schools in matters of electronics, wave propagation and theory, you would think that they would be more supportive.

    As for this business about the court reporter grabbing up the paperwork and calling the judge for a sidebar, that is total bovine scatology! It is NOT the reporter's place in a court of law to do so, that's the BAILIFF'S option. (Unless they are one in the same...) A certain amount of decorum MUST be maintained in the courtroom if our judicial system is to remain viable. I don't know how they are used to doing things in NY, but that kind if BS would not wash in CA!

    I find it very fortunate that a number of our judges, doctors, lawyers, and businessmen are also HAM operators here in CA. It also helps that, because of our close proximity to Yosemite and the Sierra-Nevada range, the law enforcement community is quite aware of all we do as part of RACES / ARES in times of need.

    GET AN ATTORNEY! I can't stress this enough, especially when dealing with situations like yours. STAND YOUR GROUND! The federal laws are on your side! You are in the right. PUBLICIZE! HAM operators, as well as the legal community, need to know that situations like this can happen, and how to effectively quash them!
     
  5. KW8RQ

    KW8RQ Ham Member QRZ Page

    It would appear, from your update, that you neglected to speak with the prosecutor ahead of time, as those here who are very qualified instructed.

    Second, you neglected to consult your own counsel before your appearance.

    Third, you apparently have no knowledge of the law, as that is why you were handed all your paperwork back. That is why the judge entered the plea for you. He has to protect you from yourself, and likely will not allow you to go any further without representation. At the very least, he'll allow you to defend yourself, and require you retain counsel to assist you.

    On a side note, writing a letter to everyone and their mother will NOT help, and may hurt his cause. The only time this will even come into play is a) if you are so qualified and you testify at his trial, or b) you write an amicus curiae when this goes to the appeals court. Until then, everyone should probably just let this go. It isn't your fight yet. At this point the ONLY person this affects is the defendant. That's pretty important to keep in mind, even though he and a few others are trying to make this a fight of "us vs. them." (Besides, if he doesn't care enough to take this seriously, why should you?)

    KC8WRQ
     
  6. W6EM

    W6EM Ham Member QRZ Page

    Richard: URGENT- VERY IMPORTANT Contact your ARRL Division Director, Bernie Fuller, N3EFN, as soon as possible.

    I don't have his email or contact information, so if someone has it, please post it. It's probably on the ARRL website, or his email might be in the QRZ database.


    Lee
    W6EM
     
  7. W9WHE

    W9WHE Ham Member QRZ Page

    KD5VFD writes:

    "As an example, this situation is like a doctor telling a patient that he/she can't explain a disease process simply because you don't have the proper medical school education"

    Actually, his situation is NOT analogous.
    The doctor/nurse/paramedic is on the patient's side and act as the patient's advocate. The Judge, on the other hand, is NOT an advocate, is NOT on your side, but rather is a NEUTRAL referee. The Judge's job is to make sure the process comports with the rules of law. Just as a baseball umpire is there to make sure the rules are followed, so is the Judge.

    Once again, you will be well advised to ignore ALL advice you get from ANYBODY EXCEPT a licensed NY lawyer.
     
  8. WA7KKP

    WA7KKP Ham Member QRZ Page

    I wonder if the judge is between a rock and a hard place here. As you know, most judges prefer a 'guilty' plea and to collect the money than to do what is morally right.

    Get the best attorney you can, and fight this thing all the way up the ladder if possible. There are too many laws like this on the books that are there only to harrass and intimidate the offender and to create 'revenue' for the jurisdiction.

    Gary Hildebrand WA7KKP
     
  9. W6EM

    W6EM Ham Member QRZ Page

    Richard: In order for the ARRL to help you, they must hear from you. I have sent you no less than 3 separate private emails and have asked you to contact your ARRL State Division Director.

    I have word that the ARRL WANTS TO HELP YOU.

    Please, allow them to do so, if you already haven't. At least, as of this morning, they have not heard from you.

    Contact Bernie Fuller, N3EFN immediately.

    Good Luck, and 73

    Lee
    W6EM
     
  10. W6XTC

    W6XTC Ham Member QRZ Page

    Richard, I cannot believe you have not taken the advice of Lee (W6EM), it seems that the urgency to get yourself out of this issue is somewhat faded. If you have'nt already, call up the ARRL and at least talk to them, if they are willing to help, you have a much better representation to present to any judge or attorney, than a few pages of our comments printed from this thread.

    If NYS wins this case, it could set the precedent for other states to try to get a similar statute on their lawbooks, and even though we have many thousands of hams here in the US that would vote against such a bill, we have millions of others that due to their ignorance or lack of interest in our great hobby, would select the "YES" vote.

    Folks we are fighting congress in certain states now, as "do gooder" organizations such as CCRA's, residents committe's etc are telling us we cannot erect external HF antennas, are we now to be told we cannot have a rig in our vehicles?? Soon all we will have left is such things as IRLP or Echolink.

    OK I'm off my soap box, but Richard if you are reading these posts, you need to act my friend..

    Good luck
     
  11. W6XTC

    W6XTC Ham Member QRZ Page

    Interesting comments being raised by KC9ANI and KB5WIM, maybe some of the hams that Richard spoke about on his first post on this new thread (the ones he met in the court) could help clarify this.
     
  12. N8HE

    N8HE Ham Member QRZ Page

    If I were you, I'd contact ARRL and get them to recomend you a lawyer. Do not under any cercumstance get a public defender, you'll be appointed a lawyer whom has little or no knowledge of FCC licensing laws and your chances of being rail roaded will be highly elevated.
     
  13. N0PU

    N0PU Guest

    Good Grief...

    Will you folks loosen up...

    First of all, I KNOW for a FACT that Richard has been offered legal services by an attorney who happens to be a Ham, AND licenced to practice in NY... I think it was pro-bono but I'm not sure of that... I have had some discussion with this attorney and believe me all of the pertinent law is well known and in hand... This person has extensive experience... On BOTH sides...

    Second, it has only been a couple days since the hearing... It takes time to arrange these things...

    Third, if Richard HAS gotten an attorney, s/he may have advised him not to put any more on this board...

    Fourth, None of us has a RIGHT to this information... Some of you seem to think Richard should respond to each and every message... Cool your jets... If and when he decides to update us, He will... not until...

    Ya'll KNOW what my opinion is. I think he oughta take on the whole bunch of 'em and if he does haul 'em down a peg or two the word will get out through word of mouth to not mess with Hams.... BUT that is just my way... there are other ways... He may wanna just have this go away... it is HIS choice... NOT ours... He may have family situations that preclude an extended fight... many possibilities... Let's give him a break and watch and listen...
     
  14. W6EM

    W6EM Ham Member QRZ Page

    I deleted an early post, expressing my doubts, because Richard just phoned me and his story is true to the point.

    He's going about this the right way, and will prevail, with the right legal assistance.

    Richard's story seems so incredible, its hard to believe.

    Many thanks to all on this thread. And especially to the ARRL for putting up with my wrath, and for listening.

    Hopefully, NY state will change 397 to accomplish what so many other states have done so much better: Make it only a crime for people to use radio equipment in conjunction with other criminal activity.

    Lee
    W6EM
    Bradenton, FL
     
  15. AG4RQ

    AG4RQ Ham Member QRZ Page

    Rich just needs to know that we're on his side and that we all stand with him on this one. Rich, I wish you the best on 7/9 and just keep us posted and let us know how it all works out.

    73 DE AG4RQ
     
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