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Old 08-29-2008   #101 (permalink)
MotorCDR
Wants better weather!
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Join Date: Aug 2007
Posts: 930
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Quote:
Originally Posted by sebastian1000 View Post
Yes, I understand that discretion of the LEO is also used, but just the fact that someone could give this fine to you if they FELT so inclined is crazy to me.
This deserves a separate response.

The cop has NOTHING TO DO WITH THE FINE. All that he or she does is issue a summons or, if necessary, arrest you to make sure that you get your moment in front of the judge (then gives testimony).

The fine and penalty are determined by the judge, in and only if the jury finds you guilty of the offense. The cop has no input on this, and the prosecutor is only able to request a certain penalty, even if there is a plea deal (the judge has to agree to the deal, too).

Doing something that makes your plate harder to read is no different than wearing a ski mask. If you are doing so for a legitimate reason, fine, but you have to convince the jury that you had a legitimate reason. They are not likely to be too sympathetic if this is in the middle of a spate of accidents, news stories, etc involving squids.
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