New Mexico Statute 7-7-317 - Now with less cop bashing

SkyHog

SkyHog

Touchdown! Greaser!
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Everything Offends Me
That thread was important, because I'm gauging whether or not this is something my friend should fight. Please, lets keep the cop bashing out of the thread. If it is inappropriate to reopen a thread in this way, MC, please delete.

So - any other advice from the LEOs/Lawyers/Knowledgables here?
 
SkyHog said:
That thread was important, because I'm gauging whether or not this is something my friend should fight. Please, lets keep the cop bashing out of the thread. If it is inappropriate to reopen a thread in this way, MC, please delete.

So - any other advice from the LEOs/Lawyers/Knowledgables here?
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I wouldn't recommend fight it. I'm not licensed in NM, so I can't give you any direct advice beyond that.
 
Strictly on what you have stated.
1. Your friend needs to find out if his license is still showing as suspended. DMV would be the only option I know of for this.
a. If it is NOT suspended then my all means, get ALL the appropriate paperwork from DMV to go to traffic court with to show it is not suspended and the ticket will be thrown out.
b. If it IS still actually under suspension, then just pay the ticket and go on with his life. As I stated in the other thread it is POSSIBLE that he needed to request to get it re-instated and failure to do that even though the offense was paid etc.. his license WAS still under suspension. Not a great law, but it is what it is.
2. As for towing the vehicle, he would need to check with the state and LOCAL ordinance to see if that was appropriate or not. Any attorney could tell him also. I really have no clue about what is allowed in NM and what is not.
3. As for the original reason for the stop. David is EXACTLY right, it really doesn't matter that he only went over the line once or that it was a "big" vehicle that caused it. The officer had probably cause at that point.
I won't get into the officer "baiting" him or not.

Mark B
 
Link back: http://www.pilotsofamerica.net/forum/showthread.php?t=17257 for those who don't know...

*takes deep breath*

There is not enough information for me to give you good detailed advice. Did your friend truly pay his seatbelt ticket on time and it was a 100% state screwup, or is it a story of he paid late, they suspended his license, and he never bothered to go through the process to get it reinstated? Was it suspended for points, or for non-action? Anyway, your friend should get all the records regarding his license suspension together. Again, there is not enough information for me to tell you whether he should go to court first, or go to the DMV first. Probably the DMV. If he can get the DMV to reinstate his license before court, that will work wonders when he has to stand tall before the judge. However, he should be prepared for the DMV to say they can't help him and send him over to the court clerk.

Once that is straightened out he should go to court to try to get the driving on a suspended license dismissed. He should be prepared to eat the moving violation, for the reasons I outlined in the other thread. Obi Heed David hit the nail on the head, and it wasn't even a scenario I had originally considered but now makes perfect sense - they likely knew he was suspended before they even turned on the blue lights, thus making his hope that if he challenges the moving violation, the suspended charge will go out the window too unlikely. I don't think that is a good strategy. Perhaps the judge or officer will be feeling generous that day.

Also, in Tennessee, your friend would have to go to two different courts - the misdemeanor docket for the driving on suspended, and regular traffic court for the lane violation. Hopefully in Alb that is not the case.
 
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As long as our resident jack booted swat team members can avoid stun-gunning the long-haired hippies, and the long hairs can avoid throwing rocks and tomatoes at the jackboots, we'll all get along just fine.

Lets try VERY HARD to remember that a criticism of a group in general does not constitute a personal insult. If someone is biased that most forum administrators are overly anal retentive and you are a forum admin, that doesn't automatically mean they're calling YOU anal retentive. Just me.

So don't go out of your way to read personal insults into posts that don't have them, and don't go out of your way to bash whole groups of people indiscriminately based on the actions of a few bad apples.
 
Greebo said:
As long as our resident jack booted swat team members can avoid stun-gunning the long-haired hippies, and the long hairs can avoid throwing rocks and tomatoes at the jackboots, we'll all get along just fine.

Lets try VERY HARD to remember that a criticism of a group in general does not constitute a personal insult. If someone is biased that most forum administrators are overly anal retentive and you are a forum admin, that doesn't automatically mean they're calling YOU anal retentive. Just me.

So don't go out of your way to read personal insults into posts that don't have them, and don't go out of your way to bash whole groups of people indiscriminately based on the actions of a few bad apples.
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Can the bullies still give the nerds swirlies or is that off limits too?

*backs into a corner*
 
What if I am a long-haired hippie jack-booted swat team member?:yinyang:



Oh, the humanity! Someone get me my lithium! :rollercoaster:
 
alaskaflyer said:
What if I am a long-haired hippie jack-booted swat team member?:yinyang:



Oh, the humanity! Someone get me my lithium! :rollercoaster:
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Then I'd say you're either very conflicted or suffering from MPD.
 
And in deference to Nick, can we please leave this thread on-topic and pile the driftwood in another thread?

thanks....
 
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