Written by Gregory Monte. Have you ever heard of the community caretaking doctrine? It is an exception to the 4th Amendment protection on unlawful searches and seizures. From what I can tell, it was first identified in the 1973 US Supreme Court Case Cady v. Dombrowski, 413 US 433: “Local police officers, unlike federal officers, frequently … Continue reading Stopped Too Long at a Stop Sign? You Might Just Get Pulled Over.
Written by Gregory Monte. If you want to learn about an interesting way to beat a speeding ticket – even if you actually were speeding – keep reading. This particular strategy will almost always work, but it does depend on one aspect of the circumstances surrounding your ticket. For the strategy to be effective, there must … Continue reading The Motor Vehicle Statute That Trumps Them All.
Written by Gregory Monte. Don’t Ever Do This Would you voluntarily agree to sit in a police officer’s car if he stopped you for speeding? If this sounds like a crazy question, you may not be familiar with the procedure of the Utah Highway Patrol. In State v. Miller, 2019 UT App 18 - Utah: Court … Continue reading When Does the Length of a Traffic Stop Become Excessive?
Written by Gregory Monte. Don’t Ever Do This Would you voluntarily agree to sit in a police officer’s car if he stopped you for speeding? If this sounds like a crazy question, you may not be familiar with the procedure of the Utah Highway Patrol. In State v. Miller, 2019 UT App 18 - Utah: Court … Continue reading When Does the Length of a Traffic Stop Become Excessive?
Written by Gregory Monte. I was inspired to write about this topic because of an interesting 2019 court decision from North Carolina. As you will read further along in this post, a woman was pulled over after a police officer heard someone in her car yell “mother-fucker.” When I started researching the case a bit more … Continue reading Can a Cop Pull You Over for Cursing?
Written by Gregory Monte. Last week I posted two articles about the legality of passing a car using the shoulder of the road: A Ticket for Using the Shoulder to Turn Right? Not in TX (and possibly PA) Using the Shoulder to Pass a Car Turning Left. Is it Legal? When I came across the video shown below, … Continue reading How NOT to Pass on the Right …
Written by Gregory Monte. The Intolerant Traffic Ticket Nazis Traffic Ticket Nazi, noun: An individual who believes that tickets should be issued to all motorists for every minor traffic infraction. 1 mph over the limit? Ticket. Roll through a stop sign when no one is within 200 feet of the intersection? Ticket. Air freshener “obstructing” the … Continue reading Traffic Ticket Nazis And The Tax Law
Written by Gregory Monte. Last week I discussed using the right shoulder to pass another car that is turning left: Using the Shoulder to Pass a Car Turning Left. Is it Legal? Today I want to talk about a related issue – the legality of using the shoulder to turn right at an intersection. Based my research, … Continue reading A Ticket for Using the Shoulder to Turn Right? Not in TX (and possibly PA)
Written by Gregory Monte. This post is a follow up to last week’s discussion about whether a motorist can get a ticket for hanging an air freshener from his rear-view mirror – A Traffic Ticket for Hanging an Air-Freshener Off Your Rear-View Mirror? After reviewing many court decisions, it appears that there is really only one possible … Continue reading Obstructed Windshield Ticket? Police Have the Burden of Proof.
Written by Gregory Monte. What the Law Says Pennsylvania is one of the few states which allows motorists to cross a double yellow line in order to pass a slower moving vehicle. I proved this in a blog post back in June: Can You Cross a Double Yellow Line to Pass a Slow-Moving Vehicle? The only restriction … Continue reading No Passing Zones – A Technicality to Beat Your Ticket
Traffic Ticket Defense Blog 