"This" Minnesota State trooper is a moron. Federal Law help.

[JasonCzerak]

Ok here's the deal. I need some info about Federal law versus, State Law in regards to licence plate, licience, "the place I'm staying at", and moron cops.



First off, quicky here. I was doing 85-90-ish south on i-169. I let her out and was prolly doing 70-ish when I saw the cop. I was passing another car at the time. I'm 60% sure he didn't get a radar tag on me. I infact TOLD HIM I was doing 75mph. And that's the ticket. 75 in a 55.



Then he comes up and tells me how about state law and getting a licience here and all kinds of other crap. I told him there is a Federal law that states that I can have a licenece in any state and live/stay in another. . illrevelent to the amount of time spent in one state or another. A buddy of mine went though this with Tennesse and Michigan. You guys know of this law?



I'm like "so state law overrides federal law huh?" that's when he went back and wrote the licience violation on my ticket. heh. I descied _not_ to rant about how on i-394 there are people crossing the double white lines, speeding and not car poolling in the car pool lane just so he wouldn't start looking over my truck for violations.



I should of left in a puff of smoke... .



And why aren't all these wisconson and iowa people getting tickets and fines and all that for being in minnesota. like 100 miles in the state. . I did point this out to the cop.



I have already had this in court here. Well the "hearing officer" and they tossed the licience thing. I'm thinking to take it to court and get it all tossed out.



He is just a young cop. prolly 1 or 2 years on the force. he'll freak out in court. .

 

[Hohn]

What's a licience? Are you talking about a driver's license? Or a License plate?



You can have any driver's license and any vehicle License in any state.



I have a Texas driver's license with a GA address on it, and my vehicles are registered in WY. How's THAT???



Oh, and this whole point is obviously moot if you aren't going 85-90ish in a 55! Slow down!

 

[RustyJC]

Generally speaking, unless you're military, a college student or similar exempted class, you have a limited amount of time (defined by state law) after you become a resident of another state to get your vehicle and person properly licensed. Most states determine residency either by filing for homestead/homeowner's tax exemption for a home or earning a paycheck in the state.



I believe the Federal law you're referring to is the Driver License Compact. It generally governs reciprocity and infraction reporting when you're traveling through other states. It really doesn't deal specifically with state residency.



My personal observation after quite a few decades on this planet - in my few dealings with law enforcement, treating the LEO as I would wish to be treated (not as a "moron") has worked pretty darned well. The advice is free - take it or leave it.



Rusty

 

[JasonCzerak]

Generally speaking, unless you're military, a college student or similar exempted class, you have a limited amount of time (defined by state law) after you become a resident of another state to get your vehicle and person properly licensed. Most states determine residency either by filing for homestead/homeowner's tax exemption for a home or earning a paycheck in the state.



I believe the Federal law you're referring to is the Driver License Compact. It generally governs reciprocity and infraction reporting when you're traveling through other states. It really doesn't deal specifically with state residency.



My personal observation after quite a few decades on this planet - in my few dealings with law enforcement, treating the LEO as I would wish to be treated (not as a "moron") has worked pretty darned well. The advice is free - take it or leave it.



Rusty

ok, owing a house, earning a paycheck. So your saying I can only own and work in one state?



Bottom line, I was harrased a bit about my plates. Yeah, prove I was speeding. I don't think he has the proff.

 

[JasonCzerak]

What's a licience? Are you talking about a driver's license? Or a License plate?



You can have any driver's license and any vehicle License in any state.



I have a Texas driver's license with a GA address on it, and my vehicles are registered in WY. How's THAT???



Oh, and this whole point is obviously moot if you aren't going 85-90ish in a 55! Slow down!

sorry, my spelling went out the window today.



slow down? never That moron that cut me off with out looking while towing and over loaded trailer with his S10, now that's a real danger, not me.



As for your "ID"... HA! that's perfect

 

[JasonCzerak]

Oh, and this whole point is obviously moot if you aren't going 85-90ish in a 55! Slow down!

ohh and about the speed thing. These speed limits in this area are stuck in the 80's for many of the roads.

 

[RustyJC]

ok, owing a house, earning a paycheck. So your saying I can only own and work in one state?

Let me give you an example. Our company had a district office in Denver, CO and a branch office in Salt Lake City, UT. A customer in Evanston, WY purchased some of our engine/compressor sets - Evanston is about 4 miles over the UT/WY border. After working a few weeks in WY, our service representatives began to be ticketed for not having WY plates since they were working (and earning paychecks) in WY, even though the paychecks were being cut by our home office that was then located in OH. When all was said and done, the trucks wound up with CO AND WY plates - not sure about the driver's license issue, but it wouldn't surprise me if the guys didn't have to get WY commercial operator's licenses as well.



Rusty

 

[Bertram65]

If your truck is not plated in the same state your drivers license is and the truck is in your name they will generally point that out, we have alot of issues around here regarding that as NH has no sales tax and MA does, MA makes you pay 5% when you register a vehicle, NH does not.

 

[JasonCzerak]

If your truck is not plated in the same state your drivers license is and the truck is in your name they will generally point that out, we have alot of issues around here regarding that as NH has no sales tax and MA does, MA makes you pay 5% when you register a vehicle, NH does not.

My plate and ID are both MI. I rent a home to "stay" in here. I get a pay check from a company that is "world wide". and I sub contract side work via my dad's company registered in michigan doing busincess with a company here in MN.



Bottom line, get one job, one place, and sit and play their stupid game. .



I'm pondering writing a letter to the state, federal, and media about the traffic situation here in MN. The un timed lights, the non enforcment of our car pool lanes, the incorrect lane usage. Wonder why you buy so much fuel? heh, stop and go stop and go AT 3AM AT NIGHT no less!

 

[Hohn]

ohh and about the speed thing. These speed limits in this area are stuck in the 80's for many of the roads.

If the speed limit's in the 80's you weren't speeding hehehehe

 

[lmills]

75 in a 55 says you were speeding and not in an 80 zone.

 

[E7mack96]

I do believe that a state law supercedes federal law as long as it is at least as restrictive.



An example: Even though some states have made it legal in some ways for "pot", the feds can override it, because the state law is more relaxed.



Now, if a state law made smoking anywhere illegal, then that would override the fact that there is no such federal laws.

 

[TRAMPLINEMAN]

I'm pondering writing a letter to the state, federal, and media about the traffic situation here in MN. The un timed lights, the non enforcment of our car pool lanes, the incorrect lane usage. Wonder why you buy so much fuel? heh, stop and go stop and go AT 3AM AT NIGHT no less!

If you don't like it, LEAVE!! If you're going 85-90 in a 55 zone, you deserve exactly what you got if not more. I can't believe you're actually b*tching about this. Like RustyJC said, you have a certain amount of time to change your license over after living in a different state. If you don't, you're on your own. So, do us all a favor and stop complaining about things that you're doing wrong.

 

[EMD Diesel Power]

If you don't like it, LEAVE!! If you're going 85-90 in a 55 zone, you deserve exactly what you got if not more. I can't believe you're actually b*tching about this. Like RustyJC said, you have a certain amount of time to change your license over after living in a different state. If you don't, you're on your own. So, do us all a favor and stop complaining about things that you're doing wrong.

I could do 93 mph with my old '96 12-valve. Does that mean I did it all the time? helllll no! For one thing, it was gearbound at that speed and the RPMs were sky-high.



I did get busted once for doing 76 in a 55 (in WI) cost me 280 bucks and 6 points. (didnt even contest---- mailed the fine to the court). Was doing a pass on two cars (they sped up... go figure #@$%! ) and the cop was tucked back into a cut in a hill and didnt see it all..... but busted is busted.



Tramplineman says it all... . if you dont like it... leave.



Most states have a 60-90 day policy for residency purposes. if you live there (rent or own), you must apply for that state plates and liscense within that timeframe. Exemptions are college students, military and a few other classes.

 

[GFrance]

It's all about $$$. The state wants your $$$ for licence & registration fees if your going to have resedents there, even if it's for part of the year. As far as the speeding thing goes, you already admitted to the cop that you were over 55 so pay the fine & chaulk it up to lesson learned. Never admitt to the officer you're doing over the limit if you plan on fighting a ticket. Oh & what everyone else is doing around you is erelevent when your the one that gets stoped. 30 yrs of driving truck has a tendency of mellowing a guy out. Just remember the cards are stacked against you when it comes to revenue collectors. :-{}

 

[Kernel]

Here's one for you, how about Mexico plates on vehicles of people who live in Texas/United States? Do you see the same thing on the Northern boarder with Canada?



Scott

 

[JasonCzerak]

75 in a 55 says you were speeding and not in an 80 zone.

I ment the 1980's. I hope you guys got that

 

[JasonCzerak]

If you don't like it, LEAVE!! If you're going 85-90 in a 55 zone, you deserve exactly what you got if not more. I can't believe you're actually b*tching about this. Like RustyJC said, you have a certain amount of time to change your license over after living in a different state. If you don't, you're on your own. So, do us all a favor and stop complaining about things that you're doing wrong.

Speeding yeah. sure. ok. I was. big deal. but that was not main point here at all. The point was ID and plates. Granted, latly, I been spending more time here then not, but I have a buddy (maybe 2) that for sure does the 50/50 split thing, and is harrassed all the time, and for now, I wish to keep my stuff the way it is.



A far as "admitting" to the speed. HA! I was not red my rights, any "admittance" is not allowed in court and is all speculation. I never said "I was doing exactly 75mph sir" "I said I was moving with traffic that prolly was doing 70-75mph, but I'm not sure, I tend to keep my eyes on the road and on my mirrors. ". Or something close to that. The general manner of ths officer suspected he didn't have a radar on me.



So, I'll take this to court, if he's not there, bonus. If he's there and does have a radar slip, then make sure hte date/time checks out. Can't get any "worse". Maybe some court fees.

 

[RustyJC]

So, I'll take this to court... . Can't get any "worse". Maybe some court fees.

I don't know how things work there, but here in Texas you can sometimes wind up better off by sitting down with the prosecutor (respectfully) before you go to trial. The prosecutor will sometimes let you plead the infraction down and/or drop some of the charges.



Just a thought... .



Rusty

 

[JasonCzerak]

I don't know how things work there, but here in Texas you can sometimes wind up better off by sitting down with the prosecutor (respectfully) before you go to trial. The prosecutor will sometimes let you plead the infraction down and/or drop some of the charges.



Just a thought... .



Rusty

Here in MN they have a goofy setup. You have this first dude that lets you pay the fine, or take it to a "hearing officer". This hearing officer is like a 1/2 judge, you can wheel and deal a little here. Or you can go to court, either way, you have to take alteast 2 half days off your work .



ohh well I'll figure something out.