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Re: Cops setting up checkpoints

Posted: Wed Mar 27, 2013 3:31 pm
by cordless
I agree with Bum, complete BS! This type of injustice gets my blood boiling, especially when I hear of fellow climbers being rolled over and spanked when no statute is being violated. :evil:

Below are two excerpts from the Kentucky Revised Statutes which I believe are relevent. Maybe a defense attorney can chime in to help us! I'm no legal expert, but I am somewhat capable of reading legal statutes.

KRS 187.290 defines what "proof of financial responstibility" means.

KRS 187.990 defines the penalties associated with violating any of the statutes associated with motor vehicle fininacial responsibility laws, in this case, KRS 187.290.

Point out to me where it says proof of insurance must be in your glove box, or even on your person for that matter! Yes, your DL must be on your person at all times while operating a motor vehicle.
KRS 187.290 Definitions:
(11) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of said proof, arising out of the ownership, maintenance or use of a motor vehicle in the amount of twenty-five thousand dollars ($25,000) because of bodily injury to or death of one (1) person in any one (1) accident, and, subject to said limit for one (1) person, in the amount of fifty thousand dollars ($50,000) because of bodily injury to or death of two (2) or more persons in any one (1) accident, and in the amount of ten thousand dollars ($10,000) because of injury to or destruction of property of others in any one (1) accident.
(KEY POINT HERE IS PROOF OF ABILITY TO RESPOND IN DAMAGES...OCCURRING SUBSEQUENT TO THE EFFECTIVE DATE OF SAID PROOF) - Insurance policies have effective dates; therefore, it is possible to prove your compliance with KRS 187.290 after the run in with LEO. Burden of proof is always on the state (innocent until proven guilty). If I say I am in compliance with KRS 187.290; LEO must prove I'm not prior to arresting, detaining, confiscating, etc... Arrest me and I prove a day later I am in compliance...prepare to pay me in damages.
KRS 187.990 Penalties:
(4) Any person who shall violate any provision of KRS 187.290 to 187.620 for which no penalty is otherwise provided shall be fined not more than five hundred dollars ($500) or imprisoned not more than ninety (90) days, or both.
The penalty for VIOLATING KRS 187.290 is a fine or prison. Again, burden of proof, effective dates. If I can later prove I had insurance at the time of occurrence, I am NOT VIOLATING KRS 187.290.

For those drivers violating financial responsibility statues, AKA driving without insurance, fines and/or jail time is fair
and just.

I'll spare you of my thoughts regarding the illicit use of checkpoints requesting I show my papers...

My $0.02 - Donald

Re: Cops setting up checkpoints

Posted: Wed Mar 27, 2013 4:07 pm
by milspecmark
That is great info. I will just keep my insurance card updated and on me at all times. Also, CCW permit and Valid Driver's license ready.

Re: Cops setting up checkpoints

Posted: Wed Mar 27, 2013 6:22 pm
by whoneedsfeet
Got stopped at the intersection of 498 and 11 as well as 11 and 715. seems like they are setting them up early (a bit before dusk) and then after it is dark out (9ish). We weren't hassled at all asked how we were, and why we were down at the red. Took the driver's ID and we were on our way. Just be safe out there everyone and be smart.

Re: Cops setting up checkpoints

Posted: Wed Mar 27, 2013 6:29 pm
by doogievlg
Damn straight Jimbo, those pigs know better than to mess with the sheriff. On a real note though pigs can fuck off.

Re: Cops setting up checkpoints

Posted: Wed Mar 27, 2013 6:41 pm
by Cromper
doogievlg wrote:Damn straight Jimbo, those pigs know better than to mess with the sheriff. On a real note though pigs can fuck off.
http://www.youtube.com/watch?v=zN6MxLYB8hM

Re: Cops setting up checkpoints

Posted: Thu Mar 28, 2013 4:08 pm
by Bum
Meadows wrote:
Bum wrote:
Meadows wrote:I know someone who has his ins. card with him, but not in his glove box. He was issued a citation.
Bullshit.
It's not. He received his new insurance card, but just tossed it into his bag with the rest of his mail and put it in the back of his car and drove to Kentucky. Since he's staying with me, I saw the citation.
There is absolutely NO law stating that a person must keep their insurance card in their glove box.
Why the hell would the police care where you kept your insurance card? As long as you have it on you in the vehicle and it is up to date, there is nothing they can do.

Re: Cops setting up checkpoints

Posted: Thu Mar 28, 2013 5:21 pm
by toad857
Whether or not it's legal is one thing. Whether or not the cop will try to give you a ticket (for whatever reason) is another.

Too bad for joe-visitor: fighting any ticket from the DBNF cops requires multiple court appearances against a federal prosecutor, amidst a court system that processes bullshit like this like a cow chews cud. Best of luck to ya!

Re: Cops setting up checkpoints

Posted: Thu Mar 28, 2013 5:51 pm
by clif
it's be fun to laminate your insurance card with a cannabis leave embossed, like a state seal.

thanks for the head's up.

Re: Cops setting up checkpoints

Posted: Thu Mar 28, 2013 6:36 pm
by Savage
Wait, how is it legal to even stop and check everyone? Dont you have to be suspected of a crime before you can be stopped and they ask for your identification? Granted, they could just say you had a tail light out, or some nonsense... cops can pretty much make up whatever they want. Also, I damn sure wouldnt let them search my vehicle.

Dont ever be a dick to the cops, but its perfectly reasonable to defend your civil liberties.

Do the park rangers operate under some special rules? For example, the Department of Natural Resources (Fish and game in some states) in MI can pretty much do whatever searches they want to check and see if you poached any game.

Re: Cops setting up checkpoints

Posted: Thu Mar 28, 2013 6:43 pm
by climb2core
Savage wrote:Wait, how is it legal to even stop and check everyone? Dont you have to be suspected of a crime before you can be stopped and they ask for your identification? Granted, they could just say you had a tail light out, or some nonsense... cops can pretty much make up whatever they want. Also, I damn sure wouldnt let them search my vehicle.

Dont ever be a dick to the cops, but its perfectly reasonable to defend your civil liberties.

Do the park rangers operate under some special rules? For example, the Department of Natural Resources (Fish and game in some states) in MI can pretty much do whatever searches they want to check and see if you poached any game.

Apparently, our constitutional rights take a back seat in this one.

http://en.wikipedia.org/wiki/Random_checkpoint