Is there any JUSTICE?

[NoLongerInRadioGuy]

[quote=BroncoFan]

Originally Posted by Jolly Rancher

I think of several tickets: 1. No Driver's License 2. Improper backing 3. No child restraint 4. Endangerment of a child (both to the 14 year old and the 3 year old) 5. Driving restrictions (even if the girl had a license, she is not allowed to drive without a licensed driver until she is 16, and the mother let the officer assume that the child was driving, but the parent was in the vehicle). 6. Child neglect (on the parent who sent her daughter to the store).

I am told by the police that it is correct that they can not ticket the girl.



I don't know yet if the other parties had insurance. I have not yet received the report.

It seems to me that the officer on the scene had the responsibility to ticket the child driver for no license (or driving without supervision), unrestrained child, and possibly no insurance. These are ticketable offenses whenever an officer reveals this.

Remember, the officer just might agree with you, but we also have rules we have to follow. There are only four things Kansas State Laws allow us to cite or arrest for as far as vehicles are concerned on private property - unfortunately, all the offenses you mentioned are not included in the four. If you looked at the statute, almost all traffic charges clearly state "on a highway" which includes highways and streets, not parking lots. I doubt the child endangerment or neglect would fly at all - look at how the statutes are worded and you will see why. You need to do a little more homework before saying that they are ticketable offenses whenever an officer reveals this. Not only can a ticket not be written to an adult for these offenses due to the private property issue, but a 14 year old would have to be filed with the county attorney through district court, not just given a summons to municipal court.

I also would like to comment on the handicap parking issue. The reason why we can enforce parking issues such as handicap parking and fire lanes is because these are mandated by the state. The ticketing of someone for NOT parking in a handicap spot when they are allowed to is simply ridiculous. For all I know, I might be the officer that wrote the one in the mall parking lot where the wind blew it down. Heck knows I have written quite a few up there. Before I do, I look to see if it might be on the dashboard or in a seat. If I can see it, I let it go. However, those placards are not just going to blow off the mirror with a light breeze. If the windows are down and maybe a 40mph an hour gust comes along, maybe - but I would even doubt it then. Even if it did fall down, or the person just happened to forget to put it up, dont blame the cops for writing a ticket. The same people that complain about us doing this would also be the first ones in line to complain when a placard is not readily visible and the vehicle is taking up a parking spot they could have used.

[Jolly Rancher]

[quote=NoLongerInRadioGuy]

Originally Posted by BroncoFan

I also would like to comment on the handicap parking issue. The reason why we can enforce parking issues such as handicap parking and fire lanes is because these are mandated by the state.

I understand your job and that of the Municipal Court and the Ford County Attorney's Office. But, if the above quote of yours is correct, then why can't a child be ticketed, or sent through the CA's office, on laws mandated by the state? Isn't having a drivers license a state law?

[TexKan]

Oh NLIR.. I don't think it was you altho you know who got the ticket. That really put her over the edge. LOL BUT she followed the rules, took pics of the space and it was dismissed.

She had the card in the window - it was an OLD handicapp spot that was coverted to a regular spot but the paint was still fading. The sign had been removed already. It was just a silly thing - she got the ticket for not parking in a handicap spot that was clearly available. Over there by the northeast corner of penny's.

I actually got one like that in a parking garage one time by UTMB police. That only took a phone call to fix.

Some days we go to work and just do the dumbest things. IMHO as long as the badge boys come home at night to kiss thier babies then it's been a good day. Any thing else can be fixed.

Some don't deserve the frustration they have to go thru to clear things up but they can still be fixed and become the "remember when" stories like mine........ It's all good!

[NoLongerInRadioGuy]

Originally Posted by Jolly Rancher

I understand your job and that of the Municipal Court and the Ford County Attorney's Office. But, if the above quote of yours is correct, then why can't a child be ticketed, or sent through the CA's office, on laws mandated by the state? Isn't having a drivers license a state law?

Having a driver's license is NOT a state law...unless you are operating a motor vehicle on a highway, which includes a city street.

"8-235. Licenses required; city license, when; appeal from denial of license; vehicles registered under temporary permit; penalty; motorized bicycle driver's license. (a) No person, except those expressly exempted, shall drive any motor vehicle upon a highway in this state unless such person has a valid driver's license. "

" 8-1,126. Parking privileges for persons with disability....a) May be parked in any parking space, whether on public or private property, which is clearly marked as being reserved for the use of persons with a disability or persons responsible for the transportation of a person with a disability, except a parking space on private property which is clearly marked as being reserved for the use of a specified person with a disability;

[Bronco-Fan]

Originally Posted by Highwayman

OK, right….. We have a BroncoFan and a Bronco-Fan. Not the same person. I’m not seeing things. I'm OK, really I am.

(I think a stiff drink is in order.)

Highwayman I have to agree with ya, I did a double take too when I signed on last night, Wow, I was here first. but what ever free world. Now to the 2nd BroncoFan, Sorry I was playing last night, no phone call, LOL if anyone on the DodgeBoard can remember or has a memory at all. I am the real deal, I use to write tickets down town, No mercy for people parked in Handicap Zone, No mercy, No Excuses, the Law Reads Properly displayed, NOT on the seat,glove box,under something on the dashboard, etc etc. Folks believe me when I tell you I heard about every excuse there is, Now as for the wind blowing it on to the seat, hard to believe if it was properly displayed, "Sorry I don't buy that. I am glad there is a Judge that will stand by the law as written. BroncoFan (May I call you #2BroncoFan) LOL, and the rest of you. We (that is the John Doe Public) have been getting away with lots of everyday infractions of the Driving Laws. Folks they are just doing their job, As I was back when.. Yep I am Pro-Police, oh yes by the way I have paid a ticket or two. but I will tell you this I won't get another ticket for the same Offense. Now remember Folks I am the one with the - between Bronce Fan.. Good luck in court, also hope a lesson was learn. Everybody have a great day..

[Highwayman]

Originally Posted by Bronco-Fan

...We (that is the John Doe Public)....

Just don’t use John Q Public. OK?

[Bubba]

The response from Kent Smoll to the email I sent...."Thank you for your email. I will do some checking on it."

Also, a response from Jim Sherer...."Hi, thanks for your email. I will check on this matter.
Jim Sherer "

No response as of yet from the other commissioners.

[Bubba]

Response to my email from Rick Sowers...
"I will assume that the ticket issued was from the City and not the
Sheriff or Highway patrol, if so the municipal judge is considered an
independent contractor with the City and works in the interest of the
City Manager. Our City Manager is Mr. Jeff Pederson and can be reached
at 225-8100. I have sent your email to him. I hope that a suitable
resolution can be found and will follow-up at a later date.






Thanks for your concern,


Rick Sowers"

[lurker]

Some Independent Contractors work on a commi$$ion ba$i$....

[Made in the USA]

Hey, NLIRG, who patrols WALMART??? My wife is handicapped, and we can never find a HC parking spot at Walmart cause they are all filled with "HC or Expectant Mother" hispanics! We appreciate you sticking up for the Handicapped. I really never paid much attention to the problems that handicapped people go through until it happened to me! Thanks!