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The Magic Cafe Forum Index » » Believe it or not... » » New Law In Nevada (0 Likes) Printer Friendly Version

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The Curator of the Unusual
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Yea, The Patriot Act was the Best thing since PoPcorn...
You come to a point in your life when you really don't care what people think about you, you just care what you think about yourself.
Evel Knievel

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Harley Newman
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Popcorn's a kick-*ss clown, though he's now retired and living in Oklahoma.
“You can’t depend on your eyes when your imagination is out of focus” -Mark Twain

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The Curator of the Unusual
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Quote:
On 2012-01-04 18:10, Harley Newman wrote:
Popcorn's a kick-*ss clown, though he's now retired and living in Oklahoma.


Tom Sink ...
You come to a point in your life when you really don't care what people think about you, you just care what you think about yourself.
Evel Knievel

contact: curatoroftheunusual@hotmail.com
Harley Newman
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I talked with him a few weeks ago. He sounded good.
“You can’t depend on your eyes when your imagination is out of focus” -Mark Twain

www.bladewalker.com
The Curator of the Unusual
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He lives right behind Bob Rawls...the Road is called PoPcorn Lane..in fact Bob signs his banners now "R Rawls Popcorn Ln" Great Guy, PoPcorn...
You come to a point in your life when you really don't care what people think about you, you just care what you think about yourself.
Evel Knievel

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Police Magician
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Quote:
On 2012-01-04 08:25, thegreatnippulini wrote:
Glenn, so the golf cart thing.... reminds me of a debate I've been having regarding new cell phone law. How can you, as a police officer, prove that the person you pulled over was texting while driving? Do you have the right to sequester their cell phone on the spot and check to see if it was used? Or is it something you have to witness? What if my head was down (as if I was texting) but really lighting a cigar, or opening a sandwich? I think you guys should carry scales. Smile


Nipps, first, let me address Critter's post. Sounds like more of a civil issue than a traffic issue if you have to prove you were not texting. Now, regarding your question Nipps. I can only speak for the state of Georgia. As mentioned in a PM, you should look the law up in your state and see what it says.

In Georgia, this law falls under the Distracted Driving law. Although I can stop someone for what I believe is texting, what if they were dialing a number instead? I don't want to unjustly do that to someone, so, unless they show cause under the Distracted Driving law, which means they are sitting there at a light that turned green and they have not moved, crossed a center line, etc., then I won't stop them.

About taking their phone. One of our state patrol troopers had to confiscate a phone in a wreck where a man was killed. It did show the woman was texting at the time of the wreck and she was charged with vehicular homicide along with texting while driving. She ran off the road, over corrected, crossed the center line and smashed into the man's car, killing him. Unless such an event happens where there is a death or injury, I would not take a phone as I have no need of it. For those who do write tickets to people they feel are texting, the burden of proof is on the officer, not the defendant. In other words, it is a he said/she said type of case. We do not take the phone to prove it for misdemeanor violations unless there is injury or death that results from a wreck.

Hope this helps. If you get the law on the internet for your state, send it to me at policemagician@yahoo.com and I will look it over and try to give you some advice on it. I just hope it is not in lawyer speak as that does get confusing at times. Glenn
Police Magician
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Quote:
On 2012-01-04 14:28, thegreatnippulini wrote:
What phone? I have a CB radio with an 8 track player. What's this "cell phone" you speak of?


That is a blast from the past. I had a lot of 8 tracks and a CB radio in my car too. My calculator was a slide rule. Dang I am old.

Glenn
The Curator of the Unusual
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Glen
Perhaps they should walk ol' McGruff the Crime Dog around Nipps Jalopy a time or two...
You come to a point in your life when you really don't care what people think about you, you just care what you think about yourself.
Evel Knievel

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Police Magician
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Jim, I had to wear the McGruff costume for many years. Finally, I got a McGruff puppet and did the act with it. Less trouble and much cooler in this heat. Nipps would not have to fear anything. I had a police dog almost attack me because he smelled my pack of cigarettes in my pocket. You would have thought I was carrying a bundle of the whoopee weed they way he lunged at me.

Glenn
critter
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Quote:
Sounds like more of a civil issue than a traffic issue if you have to prove you were not texting.


What I was talking about is how all traffic hearings are done around here. I've been to a few. It may vary by state. Sure hope it does because it sucks here.

Edit- Huh. You know on looking over the actual requirements for traffic hearings it looks like I was told wrong. Which means that judge in the valley lied to me in the hearings when he said it was up to me to prove by a "preponderance of evidence" that I didn't do it. I knew I should have contested that ****.
I'm remembering the one specific hearing when I brought in photos that proved what I did wasn't illegal because there were two turn lanes and the Judge looked at them and said that since the Trooper wasn't there to speak he was just going to assume that since I got ticketed then the Trooper must have meant a different lane.
He said it wouldn't do any good to fight his ruling because it was my job to prove I didn't do it, and not the Trooper's job to prove I did.
I am really ****ed off now.

Thanks for your input.
"The fool is one who doesn't know what you have just found out."
~Will Rogers
Police Magician
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In Georgia, if the officer does not show up and the defendant pleads not guilty, a hearing on it will be given at a later date so the officer can explain his/her side. Or, the judge may dismiss the violation.

Sounds like you were railroaded, but, again, I do not know your states laws. When you mentioned preponderance of evidence, that is for civil cases, not traffic or criminal cases. Hope you do better if you ever have to go in front of a judge again.

Glad I could help somewhat. Just remember, I cannot speak for other state laws, only Georgia. Take care and be safe.

Glenn
Todd Robbins
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Quote:
On 2012-01-05 20:40, The Curator of the Unusual wrote:
Glen
Perhaps they should walk ol' McGruff the Crime Dog around Nipps Jalopy a time or two...


Years ago I was doing a kids event up in Harlem. It was a big holiday thing sponsor by the police community outreach program or some such thing. There was supposed to be an appearance by McGruff, but someone stole the costume from the backstage area. I haven't thought of this in years. Thanks for reminding me.

And as for the new Nevada law, it is just a way to make money. All they require is that you pay the fee. There is no inspection or certification. If you do fire and have thirty bucks, you are legal.
critter
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Quote:
On 2012-01-06 07:36, Police Magician wrote:
In Georgia, if the officer does not show up and the defendant pleads not guilty, a hearing on it will be given at a later date so the officer can explain his/her side. Or, the judge may dismiss the violation.

Sounds like you were railroaded, but, again, I do not know your states laws. When you mentioned preponderance of evidence, that is for civil cases, not traffic or criminal cases. Hope you do better if you ever have to go in front of a judge again.

Glad I could help somewhat. Just remember, I cannot speak for other state laws, only Georgia. Take care and be safe.

Glenn


The "Preponderance of Evidence" part is correct for traffic hearings in Washington. The part I was told wrong about was when they told me it was me who had the burden of proof. I've now learned that the preponderance of evidence rule was implemented for our traffic hearings when traffic violations were decriminalized in Washington.

To be honest, I rarely drive in the Valley since then because their whole system is screwy. They have ticket quotas out there, which I've been told is also illegal in Washington.
I've never had a serious problem with Spokane's own police or traffic people. In fact, I've had many good experiences with both here in the real Spokane.
"The fool is one who doesn't know what you have just found out."
~Will Rogers
critter
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Re: Costumes
I never got to be McGruff, but I did have one costume with a built in fan. Anybody know if the McGruff had that? Stupid thing for me to be curious about, but I am anyway Smile
"The fool is one who doesn't know what you have just found out."
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Police Magician
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Quote:
On 2012-01-06 12:55, critter wrote:
Re: Costumes
I never got to be McGruff, but I did have one costume with a built in fan. Anybody know if the McGruff had that? Stupid thing for me to be curious about, but I am anyway Smile


Yes, McGruff head has a fan, but it blew the hot air in along with the gnats and other flying bugs. Since I had his mitts on my hands and could not reach up into the head, it was bad.
Jim Hand
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When we had our shows at Cypress Gardens my wife did the costume walk-arounds. She HATED it so much SHE ( with her own money ) hired another woman she knew to do the walk-arounds... I have respect for mascots and other costume workers...It's NOT an easy job
Police Magician
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[/quote]

The "Preponderance of Evidence" part is correct for traffic hearings in Washington. The part I was told wrong about was when they told me it was me who had the burden of proof. I've now learned that the preponderance of evidence rule was implemented for our traffic hearings when traffic violations were decriminalized in Washington.

To be honest, I rarely drive in the Valley since then because their whole system is screwy. They have ticket quotas out there, which I've been told is also illegal in Washington.
I've never had a serious problem with Spokane's own police or traffic people. In fact, I've had many good experiences with both here in the real Spokane.
[/quote]

Unless something has changed that I was not made aware of even in traffic violations, the person making the accusation has the burden of proof in a court of law, not the defendant. I don't understand how they decriminalized traffic law, but I am not of that state. The way this is suppose to work is this: If I accuse you of stealing, I have to prove that accusation in court since I am making the accusation. You have no obligation to prove your innocence. Remember, a person is presumed innocent until proven guilty.

If you watched the Casey Anthony trial, even though the defense did not have the obligation to prove her innocence, they did what they could to establish reasonable doubt in the minds of the triers of fact (jurors). And, they succeeded. So, traffic cases in the Valley is now civil and not under criminal code in your state from what you said.

Critter, some jurisdictions have their own way of doing things. If you can call them on it, if they are doing wrong, great. But be careful. Just like I tell people, don't argue with a cop on the street. Go to court and talk to the judge on the day you are to appear. In some cases, like yours, that may not be such good advice in the Valley from what you have said. Revenue is a big thing now for many cities and counties, so if they can find you at fault, they can levy a fine on you and they get more revenue.

BTW, I don't have a quota on tickets. In fact, last year I wrote under 60 and the majority of them were written warnings and not citations, since we have discression on the street with misdemeanor violations.

Glenn
The Curator of the Unusual
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Years ago(80's) Culpecker Circus was sponsored by the Police association (town escapes me)...so while working the Elephant Ride on the Midway the Show Mgr informed me to leave the Howdah (saddle) on the Elephant as we had a Honorary Ringmaster that performance which I/+Elephant would ride them once around the Ring to start the Show...Sure enough here comes a Rookie Cop dressed as McGruff w/ all his Buddies Laughing @ Him...to make matters worse My Guy who loads the Elephant said as McGruff climbed the stairs to the Ride Platform "Mr. McGruff, Cowboy Rusty's the Name! and I always wanted to Meet you!!!" as he held out his Hand...Needless to say McGruff was not amused...On the other Hand, My Idiot/Guy (Rusty) thought he had just met the One and only...
You come to a point in your life when you really don't care what people think about you, you just care what you think about yourself.
Evel Knievel

contact: curatoroftheunusual@hotmail.com
Police Magician
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Quote:
On 2012-01-06 12:05, Todd Robbins wrote:
Quote:
On 2012-01-05 20:40, The Curator of the Unusual wrote:
Glen
Perhaps they should walk ol' McGruff the Crime Dog around Nipps Jalopy a time or two...


Years ago I was doing a kids event up in Harlem. It was a big holiday thing sponsor by the police community outreach program or some such thing. There was supposed to be an appearance by McGruff, but someone stole the costume from the backstage area. I haven't thought of this in years. Thanks for reminding me.

And as for the new Nevada law, it is just a way to make money. All they require is that you pay the fee. There is no inspection or certification. If you do fire and have thirty bucks, you are legal.


Todd, like I told Critter, revenue is a big thing for many now with the economy the way it is. Even our county is looking to impliment ways to raise extra money without raising taxes.

McGruff costume stolen???? Well, that puts the "Take a bite out of crime" slogan in the toilet.

Glenn
Rod Pringle
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Jim Hand!

I second that! Add to the list anyone working the Girl to Gorilla on a Hot and humid 100 degree day , Hot time on the old midway.
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