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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. Guest

    Guest Guest

    Right or Wrong, just dig DEEP into your pocket to pay off that LAWYER and you will get off without a hitch!!

     MONEY TALKS in the business of JUSTICE, The law is only the ticket to get you trapped into the so-called Legal System so they can push you around for a while as they pick your pocket!!
     
  2. AI8W

    AI8W Ham Member QRZ Page

    </span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (KB3GUT @ June 14 2003,09:24)</td></tr><tr><td id="QUOTE">Don't reinvent the wheel. Tod Sherman, KB4MHH has an excellent site at http://www.afn.org/~afn09444/scanlaws/ that does all you are trying to do and more. Todd has spent years gathering this information, and regularly takes a new look at state laws to be sure they have not changed.[/QUOTE]<span id='postcolor'>
    I didn't reinvent the wheel.. What I did was actually post links to the actual STATE FUNDED websites with the laws on them, so when you print the law from Netscape, Exploder, Konqueror, or whatever browser you use, the URL at the top shows a legit source.

    At any rate, the site you posted is very informative. Thanks for posting the link.

    73 de AI8W, Chris
     
  3. AI8W

    AI8W Ham Member QRZ Page

    </span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (KB3GUT @ June 14 2003,09:24)</td></tr><tr><td id="QUOTE">Don't reinvent the wheel. Tod Sherman, KB4MHH has an excellent site at http://www.afn.org/~afn09444/scanlaws/ that does all you are trying to do and more. Todd has spent years gathering this information, and regularly takes a new look at state laws to be sure they have not changed.[/QUOTE]<span id='postcolor'>
    I didn't reinvent the wheel.. What I did was actually post links to the actual STATE FUNDED websites with the laws on them, so when you print the law from Netscape, Exploder, Konqueror, or whatever browser you use, the URL at the top shows a legit source.

    At any rate, the site you posted is very informative. Thanks for posting the link.

    73 de AI8W, Chris
     
  4. K5QQ

    K5QQ Ham Member QRZ Page

    Send Hillary a campaign contribution and the whole thing will be history. [​IMG]
     
  5. KB1IAI

    KB1IAI Ham Member QRZ Page

    Hello Rich, luck with your case...


      For the rest of you out there::
          1) Rich was pulled over at two in the morning for driving under the speed limit.
         2) The stop gives the officer PROBABLE CAUSE to search the vehicle.
         3) Rich wasnt drunk or under the influence,, but he had a scanner in the car.
         4) N.Y. HAS A SCANNER LAW!!!
         5) HE GOT A TICKET TO APPEAR IN COURT!!
         6) Nothing is ever settled at the first appearance, that is only for pleaing.
        7) In the MAJORITY of N.Y. villages, townships, ect., there is no states attorney. The cases are prosecuted by the arresting trooper.
         8) When the clerk took the judge aside, he probably was relaying information from the trooper, who was not there. There is no evil message from the guys in the back room.
         9) The judge's job is to A:interpret the law, and to B: protect the rights of all parties involved. (Rich, the trooper, and the state.) HE ISNT EVIL. Also it was'nt time for Rich to start giving evidence, that is why it was given back.

      Reading things into whatever actions that occured in court isnt good. What needs to be done is what Rich should doing,, speaking to an attorney. He has the right to defend himself. Ben Franklin said" He that defends himself, has a fool for a client, and an idiot for an attorney. Or something like that.
      I drive a tractor-trailer from Hartford Ct. to J.F.K six days a week. I have had dealings with troopers and judges, and all that goes with them. (time from work, fines, fees, whatever)
      I also have my dual bander in the truck. it receives everything. I have had cops ask me what it was and what i can hear on it, and i tell them truthfully. Some are interested, some aren't.
      You have to keep in mind what happened in N.Y. two years ago. They are still scared silly in the city. Every time the alert status changes, they start searching the trucks. You have to let them do their jobs.
      Rich, you are in that wierd place no-one wants to be.
    You are the main attraction in the center ring, at the circus. I feel for you bro. But what happens next to you is going to affect every one of us. Use your head. Dont do anything negative, no name calling, no letters to the editor. Junk like that. Anything with your name on it showing up in court before the judge, is going to put you in a bad light, one that no attorney is going to be able to fix.
      Seek out an attorney's advice, and follow it.
    Keep a cool head, and a civil tongue.
      I wish you a lot of luck.
        Paul W. Huzina, Sr.
        KB1IAI


         Opportunity only knocks once,,
         Temptation leans on the doorbell.
     
  6. N2LJD

    N2LJD Ham Member QRZ Page

    My experience has been Troopers are only concerned with accumulating traffic "stats," since their careers live and die on their 'productivity.'  Ergo, a ticket is good, regardless of merit.  I've seen troopers ticket people for having those little lights on their windshield washer jets, and the local cops react in astonishment to the tickets (when the victims came in for certification of correction of the 'defect'); I had a town cop tell a kid "he ticketed you for that?  I've got those on my car!"

    Town court judges (I'm guessing you're in a Town Court) are elected, and need not have legal training, though most are lawyers; they also need not follow formal rules, so a court reporter having an aside with the judge isn't any sort of violation.  However, it is interesting how the proceedings are going, and where the judge seems to be aiming.  Maybe he's looking to 'make a splash' by overturning the law, although I don't believe town judges can invalidate state law.  I think it takes a state court to do that (but I'm not positive).

    Good luck!  I'll be watching, along with everyone else!

    LJD
     
  7. WW2S

    WW2S Ham Member QRZ Page

    Good luck, and good idea to keep us posted with new topic since we're all talking so much about it.

    I'll email my local ham club so they know what's going on.

    Our gear is progressing technically faster than the law, but that's usually the case and hopefully your test of it will have a positive impact.
     
  8. N0YD

    N0YD Ham Member QRZ Page

    Hi to All:

    Every Ham  reading this thread of emails should IMMEDIATELY send an email to the ARRL and ask
    them to help this ham.

    I suggest you send it to :  jhennessee@arrl.org

    Let's flood the ARRL with requests, 100s and 1000s of emails. We need to get their attention quickly.
    The ARRL has a major interest at stake here. If hams get disgusted with this type of action, they
    will quit the hobby and there will be no need for the ARRL.

    This Ham is being punished and harassed by the NY state police and the judge, both of whom are  
    ignorant of the law.

    Tnx and 73,

    Tom, N0YD  "Yankee Doodle"
     
  9. W5HTW

    W5HTW Ham Member QRZ Page

    Good Grief, Charlie Brown! 9,000 people have said "get an attorney." Who wants to be duplicate number 9,001? Hasn't this thing gone enough with TWO 100-message or so threads?
     
  10. W6EM

    W6EM Ham Member QRZ Page

    </span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (N0YD @ June 15 2003,10:28)</td></tr><tr><td id="QUOTE">Hi to All:

    Every Ham  reading this thread of emails should IMMEDIATELY send an email to the ARRL and ask
    them to help this ham.

    I suggest you send it to :  jhennessee@arrl.org

    Let's flood the ARRL with requests, 100s and 1000s of emails. We need to get their attention quickly.
    The ARRL has a major interest at stake here. If hams get disgusted with this type of action, they
    will quit the hobby and there will be no need for the ARRL.


    This Ham is being punished and harassed by the NY state police and the judge, both of whom are  
    ignorant of the law.

    Tnx and 73,

    Tom, N0YD  "Yankee Doodle"[/QUOTE]<span id='postcolor'>
    Tom:

    There have already been thousands sent.  From Jim Hainey on down, they are aware and have contacted Richard and he's got counsel and seeking another who is a ham as well.

    I said some very uncomplimentary things in an email to the ARRL, after several emails to League officials weren't responded to, and, yes I finally got a response, but probably trashed any future dialogue with the League from me in the process.

    They, like some of us, including me, kind of doubted Richard's story for a while, because we didn't see a lot posted from him directly.  Well, at this point, it's probably better that he says nothing more publicly and lets his counsel respond for him.  He has what could be a serious conviction, if things aren't handled properly.  And, that includes suggestions for pleading this, or pleading that.

    The people in the right places now are getting involved, so we need to be ready to offer support individually or collectively, but only if his counsel wants or needs it.

    The bottom line is, NY 397 has some real garbage language and should be re-written to completely exempt amateurs (and others such as GMRS users) from any liability unless radio equipment is actually used in conjunction with the commission of another crime.  That's how at least one or two other states handle the matter.

    At any rate, I am sorry that I lost my temper with the League, and expressed it in a private email, but Richard is now being heard, and NY hams shouldn't worry about this becoming a precendent.  Also, the NY antenna legislation being considered this week is an important Bill, which will apply PRB-1 to NY municipalities.  Perhaps the legislators who authored or sponsored this Bill can fix NYS 397 as well.



    73

    Lee McVey
    W6EM
    Bradenton, FL
     
  11. K2EDM

    K2EDM Ham Member QRZ Page

    Hey guys, relax.... The judge talked to the court reporter (clerk) to find out what comments were on the ticket... He made the guy come back with a lawyer because the guy busted the police officers' chops. (THAT IS WHY HE GOT THE TICKET IN THE FIRST PLACE) If favorable comments were on the ticket, he would have dismissed, not being stupid. Our "mail order" ham busted and is now getting his busted, though the uninformed may think is is somekinda hero... He is not mainstream anything, except perhaps an #######.. There are about 500k of us and if only 3-5% are jerks, that is still a lot of jerks....We now know who at least of of 'em is........ de K2LCK
     
  12. N0YD

    N0YD Ham Member QRZ Page

    K2LCK:

    Just curious.  

    Do you know for a fact that he busted the police or are you guessing based on the description of what happened in court?

    N0YD

    *****************************************************************************

    Quote from K2LCK:
                                               Hey guys, relax.... The judge talked to the court reporter (clerk) to find out what comments were
                                               on the ticket...  He made the guy come back with a lawyer because the guy busted the police
                                               officers' chops.  (THAT IS WHY HE GOT THE TICKET IN THE FIRST PLACE)  If favorable comments
                                               were on the ticket, he would have dismissed, not being stupid.  Our "mail order" ham busted and
                                               is now getting his busted, though the uninformed may think is is somekinda hero...  He is not
                                               mainstream anything, except perhaps an #######..  There are about 500k of us and if only
                                               3-5% are jerks, that is still a lot of jerks....We now know who at least of of 'em is........ de K2LCK
     
  13. W6EM

    W6EM Ham Member QRZ Page

    </span><table border="0" align="center" width="95%" cellpadding="3" cellspacing="1"><tr><td>Quote (k2lck @ June 15 2003,15:47)</td></tr><tr><td id="QUOTE">Hey guys, relax.... The judge talked to the court reporter (clerk) to find out what comments were on the ticket...  He made the guy come back with a lawyer because the guy busted the police officers' chops.  (THAT IS WHY HE GOT THE TICKET IN THE FIRST PLACE)  If favorable comments were on the ticket, he would have dismissed, not being stupid.  Our "mail order" ham busted and is now getting his busted, though the uninformed may think is is somekinda hero...  He is not mainstream anything, except perhaps an #######..  There are about 500k of us and if only 3-5% are jerks, that is still a lot of jerks....We now know who at least of of 'em is........ de K2LCK[/QUOTE]<span id='postcolor'>
    I shouldn't waste my time with your posting, but I will.

    How do you claim to know all of what you claim? Were you in court with Richard? I had to ask, since you live in Islip, NY.

    I doubt that the judge really didn't have everything he needed in his hands; at least to schedule a trial date.

    Oh, were you there when the stop was made? I'm sure that if Richard were accused of something else, we would have seen or heard about it from the 20 odd hams present with him at his court appearance. He's employed in the medical profession, so I don't think that would be conducive to his work to go 'busting' a police officer in the chops.

    Judges don't dismiss, as I've been told, unless there's a motion to dismiss, which the judge can accept or reject.
    The judge did the right thing.

    Glad you have an accurate accounting of the number of ham jerks out there. Don't leave the 'man in the mirror' in Islip off the list.

    Maybe an officer in Suffolk County (NY) should take a look at your mobile gear.

    Lee McVey
    W6EM
    Bradenton, FL.
     
  14. wb6bcn

    wb6bcn Ham Member QRZ Page

    I personally won a case because I had a lawyer and the other person didn't. Yes, many post say GET A LAWYER!!!, But not just any lawyer, a lawyer that is a ham, wether he belongs to ARRL or not. A lawyer that specializes in a particular field, in this case Amateur Radio or at least has a background in Amateur Radio is better suited in your case.

    Good Luck.
     
  15. K6TES

    K6TES Ham Member QRZ Page

    The defendent that represents himself has a fool for a laywer. Get a lawyer and do it right for your sake if no one else.

    Good luck and keep us posted.

    Best 73 de Bill K6TES
     
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