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Thread: Operation Pull Over Month

  1. #21

    Join Date
    Jul 2008
    Location
    Waterloo
    Posts
    1,161

    Default Re: Operation Pull Over Month

    Quote Originally Posted by Common-Tater View Post
    But we're talking about traffic laws. They can only break a traffic law during life and death situations.
    I disagree with you again.

    I will point the discussion to IC 9-21-1-8:
    Emergency Vehicles
    (a) This section applies to the person who drives an authorized emergency vehicle when:
    (1) responding to an emergency call;
    (2) in the pursuit of an actual or suspected violator of the law; or
    (3) responding to, but not upon returning from, a fire alarm.
    (b) The person who drives an authorized emergency vehicle may do the following:
    (1) Park or stand, notwithstanding other provisions of this article.
    (2) Proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation.
    (3) Exceed the maximum speed limits if the person who drives the vehicle does not endanger life or property.
    (4) Disregard regulations governing direction of movement or turning in specified directions.
    (5) Execute a lawful intervention technique if the person has completed a training course that instructs participants in the proper execution of lawful intervention techniques.
    (c) This section applies to an authorized emergency vehicle only when the vehicle is using audible or visual signals as required by law. An authorized emergency vehicle operated as a police vehicle is not required to be equipped with or display red and blue lights visible from in front of the vehicle.
    (d) This section does not do the following:
    (1) Relieve the person who drives an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons.
    (2) Protect the person who drives an authorized emergency vehicle from the consequences of the person's reckless disregard for the safety of others.

    end quote.

    It is clear that emergency vehicles are given clear rights in state law to do things otherwise illegal for a non-emergency vehicle.
    Note in subsection (d) there are two clarfications that they must drive with 'due regard for the safety of all persons.' and that is does NOT 'protect the person who drives...from the consequences of the person's reckless disregard for others.'
    So it's not without limits.

    But police are unquestionably given special rights in traffic laws.
    "I cannot undertake to lay my finger on the article of the Constitution which grants a right to Congress of expending, on the objects of benevolence, the money of their constituents."
    --James Madison

  2. #22

    Join Date
    Aug 2008
    Posts
    7

    Default Re: Operation Pull Over Month

    Well, my sister was pulled over tonite, driving from her house here in town to mine here in town along 327 and said he told her she rolled through a stop sign. She told the officer she might have since there is little traffic here and it becomes a habit just from living in a small town. Her mistake was stopping at the bar to see if her friend was there. Mind you, my sister hadn't drank a drop, she left after driving through the parking lot. As soon as she pulled off the street from the bar, the officer said she rolled through the stop. He gave her a warning, probably after seeing she hadn't been drinking. Of course, he sped to catch up to her car and tailgate it. After tonight I truly believe the bar in Corunna is being targeted. I tend to wonder if folks decide to walk home if they'll get arrested for public intox! Yes, there are drunks out there that need to be caught, but so far it has been sober folks getting pulled over. Aren't there enough meth heads and drug dealers to go after?
    The officer that followed me that night had no regard for safety...if he had, he wouldn't have tailgated me knowing how deer run across US 6. This disturbs me greatly...and it angers me. It angers me that they can have such a disregard for the law they expect the rest of us to uphold.

  3. #23

    Join Date
    Aug 2008
    Location
    Dekalb County
    Posts
    6,778

    Default Re: Operation Pull Over Month

    Quote Originally Posted by nathandiehl View Post
    There are some iOSX, Android and BlackBerry apps that provide users will real-time notifications of checkpoints and speedtraps.

    There are several Senators who are getting involved, asking Apple, Google and Research in Motion (the maker of BlackBerry) to remove such apps from their stores.

    Here's a press release from Senator Charles Schumer: http://schumer.senate.gov/record.cfm?id=332109
    Here's a brief excerpt:


    What is your take on such apps?
    I have mixed feelings on this one. I sure don't support drunk drivers on our highways, however, Evil's comment about protected speech makes sense to me. How do they arrive at gathering their information? Are their methods legal? If so...then I don't see how they can legally be stopped.

    Realistically...if someone is careful enough when they get into their car to navigate their cell phone and correctly map their drive to next destination based on the results of their cell phone app, they probably are sober enough to drive safely? Most drunks are not that careful do you think? Even if they would be...those little buttons on the cell phone will challenge them.
    Last edited by HoosierHelen; 04-03-2011 at 09:50 AM. Reason: grammer
    "It is the power of thought that gives man power over nature."
    Hans Christian Anderson

  4. #24

    Default Re: Operation Pull Over Month

    Quote Originally Posted by nathandiehl View Post
    I disagree with you again.

    I will point the discussion to IC 9-21-1-8:
    Emergency Vehicles
    (a) This section applies to the person who drives an authorized emergency vehicle when:
    (1) responding to an emergency call;
    (2) in the pursuit of an actual or suspected violator of the law; or
    (3) responding to, but not upon returning from, a fire alarm.
    (b) The person who drives an authorized emergency vehicle may do the following:
    (1) Park or stand, notwithstanding other provisions of this article.
    (2) Proceed past a red or stop signal or stop sign, but only after slowing down as necessary for safe operation.
    (3) Exceed the maximum speed limits if the person who drives the vehicle does not endanger life or property.
    (4) Disregard regulations governing direction of movement or turning in specified directions.
    (5) Execute a lawful intervention technique if the person has completed a training course that instructs participants in the proper execution of lawful intervention techniques.
    (c) This section applies to an authorized emergency vehicle only when the vehicle is using audible or visual signals as required by law. An authorized emergency vehicle operated as a police vehicle is not required to be equipped with or display red and blue lights visible from in front of the vehicle.
    (d) This section does not do the following:
    (1) Relieve the person who drives an authorized emergency vehicle from the duty to drive with due regard for the safety of all persons.
    (2) Protect the person who drives an authorized emergency vehicle from the consequences of the person's reckless disregard for the safety of others.

    end quote.

    It is clear that emergency vehicles are given clear rights in state law to do things otherwise illegal for a non-emergency vehicle.
    Note in subsection (d) there are two clarfications that they must drive with 'due regard for the safety of all persons.' and that is does NOT 'protect the person who drives...from the consequences of the person's reckless disregard for others.'
    So it's not without limits.

    But police are unquestionably given special rights in traffic laws.
    You have mistaken the word rights, the state may only grant an authority which is compromised by the peoples rights to retain rights. And furthermore the US Supreme court has upheld that it does not depend on the people collectively, But that any single citizen may retain rights and the local, state and federal government have no say over those rights. You should take a couple of constitutional law classes or maybe get a degree before you start interpretting law, Unless of course you are a lawyer which I highly doubt. And being a town council member does not give authority to interpret state or federal law.
    U.S. Const. Amend. IX
    The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

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