Wintertime is coming, mama, the windows are filled with frost. So I went over to the nearby strip mall to get some thermal underwear. That doesn’t rhyme even half as well as Dylan’s most forced rhymes, but it’s really what happened. There’s a C.W. Price store in the mall. It used to be a location of the A.J. Wright chain that went under, and from the looks of things, all they needed to change were the signs. C.W. Price carries pretty much the same overstocked and distressed merchandise as A.J. Wright. Not quite as depressing as shopping at Big Lots but definitely not the Somerset Collection. While I was at the store of course I had to check out the cheap R/C cars that they had on sale for $6.99 and $7.99 with the other Christmas toys. At first glance they looked like Ferraris, Lamborghinis, Bugattis and Ford GTs. Actually, at second and third glance they still looked like those cars, scale models accurate down to the Veyron’s distinctive black hood, horseshoe Bugatti grille and exposed mid-mounted W16 engine.
Category: Law and Order
The US Supreme Court earlier this month heard oral arguments in a case that will set the legal boundaries for police GPS surveillance of automobiles. Last year, the US Court of Appeals for the DC Circuit ruled that police were wrong to spend a month tracking the every move of Antoine Jones, who was arrested on October 24, 2005 for drug possession (view opinion). A tracking device had been attached to Jones’s Jeep without judicial approval. The high court judges engaged in heated debate about the rights of motorists in connection with the Fourth Amendment.
Maryland state law prohibits municipalities from paying contractors to operate speed camera and red light cameras on a per-ticket basis. In an October 27 ruling, the Court of Special Appeals found that localities are free to ignore this legal requirement.
A group of motorists in 2008 filed a class action lawsuit against Montgomery County, the cities of Rockville and Gaithersburg, and Chevy Chase Village because each paid Affiliated Computer Services (ACS) $16.25 for each ticket the company issued, in violation of the statute.
“If a contractor operates a speed monitoring system on behalf of Montgomery County, the contractor’s fee may not be contingent on the number of citations issued or paid,” state code section 21-809 states.
The Federal Highway Administration this week turned down the state of Georgia’s request to relax the occupancy requirement on the new Interstate 85 high occupancy toll lanes (HOT lanes) in Gwinett County. In October, the state imposed the toll on the existing carpool lane, raising the number of occupants qualifying for a free ride from two to three.
The initial $5.50 on top of the occupancy change proved too much and traffic ground to a halt in the general purpose lanes while the toll lanes remained relatively unused. In a panic, Governor Nathan Deal (R) moved on October 6 to slash the toll and request a waiver from the Federal Highway Administration to drop the occupancy requirement back down to two.
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Prince George’s County, Maryland judges are tired of complaints that photo enforcement citations are inaccurate or otherwise invalid. To speed proceedings on “speed camera day” when automated citation cases are heard, at least one judge is cautioning motorists not to bother attempting to prove their innocence, regardless of the merit of their argument.
“This is a speed camera violation session,” District Judge Jean S. Baron said on November 9. “The only defense the court is going to accept is if you were not the driver of the vehicle and you have the name and the address of the person who was driving and you present that to the court under oath, I will accept that as a defense. Please don’t tell me that you know you couldn’t have been going that fast or there’s something wrong with the equipment.”
Private citizens can arrest other motorists suspected of driving under the influence of alcohol (DUI), the Louisiana Court of Appeals ruled Tuesday. A three-judge panel considered the case of Tracy L. Common who was stopped in Westwego by Gretna Police Detective Brian Rico at 9pm on December 31, 2006. Rico was off-duty and outside his jurisdiction.
That night, Rico saw Common’s Chevy S-10 pickup truck swerving on the road and felt the driver was seriously impaired. He activated the lights on his unmarked car and conducted a stop without waiting for the local police to arrive. When Common hopped out of the car, Rico conducted a pat-down search which turned up 50 pills and $1100 in cash. A later search of his car by local police uncovered $2000 and some marijuana.
Though Rico was a police officer, the court assumed he was acting as an ordinary citizen, citing the 2008 appellate case Louisiana v. Lavergne which upheld a DUI traffic stop performed by a volunteer firefighter from Texas.
In a decision with wide-ranging implications for people who might check their email on an iPhone while stopped at a traffic light, the California Court of Appeal ruled Monday that it was a crime to use a phone at any time behind the wheel of a stationary or moving vehicle.
Three days after Christmas in 2009, a motorcycle cop in Richmond pulled up to a red light and noticed Carl Nelson, driver of the stopped car next to him, appeared to be making a cell phone call. Nelson put down the phone as soon as he saw the officer. Nelson said he was just checking his email while waiting for the light to turn green. The Golden State banned the use of handheld cell phones while driving in July 2008.
“A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving,” the law states.
Although the city council in Redmond, Washington has decided to cancel its red light camera contract, the city continues to block the effort to let voters have a say in the decision. In court papers filed Monday, local activists cited election results in the cities of Bellingham, Longview and Monroe to convince King County Judge Laura C. Inveen to reconsider her October 11 ruling that it would be a “useless act” to put an advisory measure on the ballot.
“Under the local initiative process, the city clerk had a clear duty to transmit the petition to the county auditor,” Judge Inveen ruled. “That mandamus will not lie to compel the useless act of transmitting the initiative to the county auditor where the initiative is invalid according to the Court of Appeals’ recent decision, American Traffic Solutions v. Bellingham.”
Though we owe Jalopnik a few well-deserved raspberries for this week’s inane tease-n-reveal of some wildly overhyped and under-delivering “renderings” of the 2014 C7 Corvette (look it up if you must), we’ve actually got to tip our hats to the Gawker site for finding a truly relevant petition at the White House website. The petition’s goal?
Stop using Homeland Security funds to seize imported vehicles, and change the DOT/EPA exemption to 15 years.
The Department of Homeland Security spends a shockingly disproportionate amount of its budget not on security initiatives, but on customs seizures. In particular, importers of grey-market vehicles have been targeted by monies taxpayers have intended to be used to secure our country against terrorism and terrorist activity. We call upon the Executive Branch to immediately cease this wasteful activity, and furthermore to change the DOT/EPA exemption time on grey-market vehicles from 25 years to 15 years (to match the vehicle regulations of Canada), recognizing that the 25-year rule was enacted due to support from special interests such as Mercedes Benz North America.
This is the kind of cause that we can absolutely get behind. In fact, if TTAC and Jalopnik combined can’t get under 22,000 readers to sign it… well, it will be Jalopnik’s fault. They’re a much bigger site. Seriously though, please sign this. There’s no guarantee that this will change anything, but as long as future generations can grow believing that they too might be able to someday import some awesomely clapped-out foreign jalopy that will demand all of their spare time and money just to stay running, well… the world just might become a better place.
Done signing the petition? Why not tell us what 15 year-old car you would import if you could?
Drivers cannot be pulled over if they peel out from an intersection with a bit of tire squeal, Alaska’s second-highest court ruled Thursday. In countries like Australia, a similar chirp of the tires could lead to the impounding of the vehicle under “anti-hoon” laws that generate millions in revenue. A three-judge panel in The Last Frontier was more forgiving when considering the fate of Vernon Burnett who was pulled over after midnight on September 20, 2009.
Alaska State Trooper Lucas Altepeter saw Burnett’s truck stop, then spin its tires one-third of the way through the intersection while turning left in the city of Bethel. Burnett made no driving errors, but Trooper Altepeter decided to stop him anyway, as he had “never seen somebody accidentally lose traction and spin their tires as fast and as far as this particular vehicle did.” The trooper believed he could write a citation for the tire spinning alone. A district court judge agreed, saying the the spinning was sufficient proof of negligent driving. The appellate court sided with Burnett.













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