Dah ebil orcs keep'n da Taurens lokd down

[Crikrunner]

Dah ebil orcs be keepin dis Tauren down dis my story:

((Sorry i haven't been in game much latly but this is my story latly and all that i've been through))

((Hello, my name is Joshua and this is my story. I can’t believe that such a thing can occur in the United States of America, where defendants are supposed to be innocent until proven guilty. I’m not a lawyer but I think our country was founded by people that were trying to escape the afore mentioned and believed that property couldn’t be confiscated without proper proof or a warrant. Perhaps I’m just naïve but what follows may serve as a warning to other Ohio citizens about their rights and privileges as a driver.

On Tuesday January 24th at 330pm I was headed from home to Columbus state community college to take an exam. At the corner of Hudson and Indianola I was pulled over. I’ve never had a moving violation in my life and only been pulled over one other time in my 13 years as a licensed driver in Ohio, but what follows should serve as a warning to others in the state. I pulled over to the parking lot of the 14-0 store on Hudson. I grabbed my drivers license and proof of insurance from my glove box to present to the officer. The Columbus police officer came up to my window an asked if I was Joshua Schutte as he took my license and proof of insurance card. I informed him that I was, he immediately asked to step out of vehicle and, asked me to place my hands behind my back. He then hand cuffed me, frisked me, and escorted me to the back of the cruiser. I asked what was wrong he informed that my license had been suspended; I asked how that was possible when I’d never had a moving violation in my life. He said I have been randomly selected for proof of insurance through the mail and hadn’t responded. I was shocked I had never heard of such a thing. The officers left me cuffed in the back of the vehicle while they finished writing up my ticket. While sitting in the back of the car I read their screen which said,” no not impound vehicle”, but I was too scared to speak up. They did in fact impound my vehicle. They were nice enough to call my girl friend who came and picked me up and take me to class. I was still in handcuffs when she arrived the officers took the cuffs off then gave me my ticket with a summons to court for a week later.

I went and took my exam and used the school computers to do an internet search for this state law. I learned that back 1999 Ohio became one of two states to allow the state B.M.V. to ask 5 percent of licensed drivers per year; for proof of insurance through the mail. The state first sends two regular letters a few months apart, then if you haven’t responded send a certified letter asking that you respond immediately or your license will be suspended. Turns out all these letter went to my former apartment, even though I had a change of address with the post office they weren’t forwarded and never seen by me. The next day my girl friend took me to the B.M.V. to get it all sorted out. I have had insurance with the same company for the past 2 – 3 years. I easily printed of proof of insurance on the internet. At the B.M.V. I was helped immediately and the clerk re-instated my license. I also mentioned that my car had been impounded, she shook her head and said the officers were not supposed to impound my car, they were only supposed to issue me a citation. She printed me a letter showing the instructions given the Columbus police officers that they ignored. The instructions read, “Notice to peace officer: no not arrest for driving under suspension based upon random verification noncompliance suspension nor fra suspension contained in this record. Do not seize vehicle, license, registration, nor plates. Issue citation only.” I was very upset, the officers were given clear instructions that they failed to follow.

Following that I went to the impound lot and got my truck back, I had to pay a 110 dollar fee. I asked the attendant about how my car was impounded illegally and he said it happens sometimes I should just mention it to the judge and they should reimburse me of fee, though it takes several months to do. I felt confident then that I was in the right and only needed to show up at court with the papers I have proving I had insurance, didn’t live anymore where the letters went, and showing that my truck had impounded illegally and I would get everything sorted out.

So today I had my day in court, January 31st. I got a chance to talk with the prosecutor who offered me a plea deal that could result in a 300 dollar fine for driving under suspension. I mentioned that my car had been impounded unjustly, that I never received any of the letters, and had had insurance the entire time. He refused to drop the charge against me only to offer a lesser charge that I would still have to pay a fine on. He even said I’d have to prove I didn’t receive the letters which I can do, but should it be on the state to prove I did receive the letters which I didn’t? I sat back down to think and wait to called before the judge. He wouldn’t look at any of my other documents proving what I said, he just glanced at the one showing the instructions the police were given and said I’d have to get a lawyer. He also said the deal probably wouldn’t be still offered if I asked for continuance to consult with a lawyer. I felt like the whole system wanted me to just plead guilty to something. Something I feel is not a crime. I got a continuance and now have to hire a lawyer. All because I got picked at random and someone else signed for the certified letter addressed to me. ))

[Maube]

That is just awful...

Whoever signed for that letter needs to be found and testify that you didnt get the letter.. unless you left on poor terms... which could result in some problems...

Damn... wish my uncle was still around there, he used to live in Columbus and was a lawyer... but since he retired he moved to Georgia =(

Man... that is just awful Crik... dont know what else tosay

[Chrysalia]

Well first off nice to meet you.

Second, it was good to hear that you were able to get a continuance. I would look around for lawyers willing to do some pro-bono work, it seems like an open and shut case. Do they have the signature from the certified letter, and were they able to produce it to verify that it was indeed your signature? You also can prove that you did not live at that address by contacting your old landlord and getting your old lease, if you dont have it on hand already.

Do some snooping around on the web for lawyers in your area that specialize in traffic violations, or more specifically violation of your civil rights, for being arrested, and having your vehicle impounded unjustly. I would also think if you really wanted to you could see how often this has happened to people in the past, try and find some kind of precedence. Good luck, I wish I was a lawyer myself I would love to assist you in this.

[Volonazra]

Josh, you already know how I feel about it. Call me. My brother-in-law knows a lawyer specializing in traffic stuff, I can get his info. Eric said he would talk to you and let you know up front what he thinks he can do for you and the fee. Get ahold of me.

[Martok]

Damn Crik!

I too got one of those letters in the mail for proof of insurance. I threw it out, piss on em.

My license was suspended as well (found out when I went to renew) but I didn't owe any fee, just had to show proof of insurance.

I'm glad to see you're getting a lawyer. I've had some run-ins with the Columbus police myself, and NEVER ONCE was I ever treated like a human, but a piece of dirt. I admit, I have a big mouth and don't take well to authority but it is my firm belief that the only people that become police officers are the ones that were constantly beat up and picked on in school. This is their way for revenge.

[Balandar]

It's obviously their fault. They could have at least tried to call, or confirm that was still your address. Sue em, get lots of cash.

What's the other state that they do this in? I am not moving to Ohio....

[Nadjha]

*comforts Crik* Nice to meet ya and hope it all works out! Just one more reason for me to be glad I left Ohio. Here in North Carolina, all the insurance companies are required to report to the DMV when your policy is not renewed and you have not bought insurance from another company. The DMV then comes out and takes your tag off your vehicle. Until I read your post, I thought our laws were tough.

[Waldonnis]

it is my firm belief that the only people that become police officers are the ones that were constantly beat up and picked on in school. This is their way for revenge.

*cough* I was once a member of the law enforcement community...not all of them are jerks (just most...lol).

Honestly, and I'm *not* defending this cop in this case at all (in fact, I would've been reamed for handling an arrest like that...and would've deserved it), but I think many cops out there are just doing their very unpopular job. I always used to joke about how everyone hated us until they needed us...we were heroes for five minutes, but after that, resume the hate. Anyway, I digress...

Definitely talk to a lawyer about this. I personally question any law that assumes guilt in the absence of correspondence and wonder if it would hold up in a higher court, but I'm certainly no lawyer and my former employment was simply to enforce the law as it was written, not interpret it. It just appears to fly in the face of any presumption of innocence.

One thing that may work against you is if you failed to change your address on your license within the required time period after moving, which subsequently led to you never receiving the notices (if that comes out, be prepared to have more charges added to the case...I've nearly been bitten by that one myself). Also, I have no clue about Ohio, but in some other states and jurisdictions, the decision to impound vehicles is often left to the arresting officer. Personally, I wouldn't have impounded it since you probably had someone that could retrieve the vehicle and move it from where it was in relatively short order. The only times that I would choose to impound a vehicle is if I believed that it would be unlawfully operated within 24 hours or if it were obstructing traffic or access (there is a third reason as well: high probability that your property would be damaged or stolen at the current location...departmental liability in that case if I didn't have it towed). Some cops are jerks, though, and want to maximise how much time and money you need to spend in order to go back to your daily routine, so they tow absolutely everything.

I really hope this works out in your favour and am saddened to hear stories like this, especially from honest, hard-working folks. Hopefully you'll find some good representation and get out of this mess with minimal cost or impact to you in the long run. Ideally, I'd love to see laws like that one get overturned in a higher court, but that's a lengthy (and sometimes costly) prospect that few are willing to undertake.

[Houli]

Crik, sorry to hear this! I hope it all works out. Noth'n worse in my opinion than get'n a headache like this out of the blue for no reason... espcially when 50'gazillion opportunities have presented themselves to the people in charge to efficiently end this silly escapade.

And!

on the note of the officer debate ... most cops i have run into are "difficult" to put it nicely...

but!

One time in Nebraska, on the way home from a ski trip in colorado... the officer got me goin 80 in a 60 mph workzone ... he was the NICEST cop ever, and i say this despite the fact that i got a GIGANTIC ticket

Edited February 3, 2006 by Houli