I was not engaged in any commercial activity

[test]

Today I was stopped for "speeding", 45 on a 30 posted area (at least that is what the cop said, I am not really sure how fast I was going but I know I was going faster than 30)

He signaled me to stop, so I did, he asked me for my drivers license, insurance and registration.

I was visible nervous and my hands were shaking and fumbling all my papers, it took me a while to put myself together, I am sure he noticed I was a mess, I did not have my insurance card up to date though the policy is, I just don't have the latest little card with me.

He started questioning me as usuall:

- cop - Do you know why I stopped you?
- me - No, I do not
- cop - Do you know the speed limit in this area?
- me - No, I do not
- cop - You do not have any idea why I am stopping you? (a bit surprised)
- me - No, not at all
- cop - Where do you work?
- me - I work nearby
- cop - Where?
- me - I tell him where exactly
- cop - Yes, it is nearby
- cop - How long have you worked there
- me - For the last few years
- cop - Do you drive this way often?
- me - Yes, sometimes I do rather than the highway if it is too crowded
- cop - You were driving too fast (I did not see him with a speed gun though)

Then he start telling me the "rules" about the speed limits in residential areas being 30 m/h and that I was doing 45 m/h, etc.

(I knew all that but I was not going to incriminate myself, right?)

- cop - How long have you been driving?
- me - For a while, a few years
- cop - (Checking the date on my DL) Have you ever been stopped by the police before?
- me - On ocassion, yes I have
- cop - Why were you stopped?
- me - Right turn where they just posted not to and I did not see the new post
- cop - What did you do with the ticket
- me - I just paid it
- cop - As long as you pay the ticket your license is going to be alright

Then I asked:

- me - Is this a commercial infraction?
- cop - What do you mean? Like a commercial drivers license or something?
- me - Because I am not engaged in any commercial activity, I have nothing for sale and I am not for hire either
- cop - I'll be right back

He goes to his patrol car and after three or four minutes at the most he comes back with all my papers in hand, gives them to me and tells me in a low voice (I don't think he could have queried his computer on my record so fast but who knows):

- cop - Slow down a bit this is a residential area and there are kids and it is risky, etc. (FYI, this is an upscale neighborhood where you rarely see anyone at all)
- me - Sure I will, thanks I am a bit late for work (I shouldn't have said this at the end (adminiting!!!) but I was a bit shocked! to say the least)
- cop - Better late than having an accident or something

So I just went on my way, I think when I left the cop was a little shocked himself too.

I don't want to call this is a "success story" because I realize it may have been curcumstantial, perhaps I took the cop by surprise by suddenly asking these two (apparently "deadly" for them) questions after he saw I was terrified of him and the situation, perhaps he will think on what to do the next time someone asks him questions like these.

Anyway, I just wanted to share how this went down, BTW all this happned in South Florida.

Good Day test,

I am not clear on one detail, the end result. Did he end up giving you a ticket?

Sincerely,
truth

[weishaupt1776]

test, I saw you approaching this thing right. You've been hanging back, studying, researching carefully, and now the Lord has hooked you up so you can start puttin' some legs to your studies!!!!!!!!!!!!

Aren't you excited!!!!????

[test]

Oh, I am sorry for not being clear enough, I did not get a ticket he just let me go after telling me not to go so fast in a polite manner.

It was exilarating to say the least, I could not believe what had just happened, first the cop was all in control, business as usual, and at the end he was perhaps even a little embarrased of the whole thing, I don't know, perhaps he was shaking just like I was when the whole episode started (just kidding), but really, his attitude was different when he came back from his patrol car, I am not sure, it was like if he knew that I knew something so he was almost whispering his words.

I really did not plan it to be this way it just happened, I was very nervous and my mind was rushing on what to say and especially on what not to say (incriminating myself!), I did not want to answer any of his questions but I was being vague enough not be perceived as a threath to him or to have an attitude, I think this helped to get his ward down, I think the last thing on his mind was that I was going to grow teeth in a matter of a couple of minutes.

I am not sure what he did in his patrol car since it was a bit away from where I was standing, in my driving record I have at least four tickets in the last 10 years, two of them for turn when posted not to and two of them for speeding (14 and 15 m/h over the limit), that is also why I do not believe the cop took a look to my record perhaps he would have told me something about it.

[KITCHIE]

WAY to go!! Perhaps if you put a notice on your car Private Not For Hire they won't even stop you. That's what's happening with me.

Keep up the good work. Soon you won't even be nervous if you see a cop.

I LOVE THIS!!!

Kitchie

Greetings Again test,

NO TICKY, NO SHIRTY!!!

That's what it all boils down to "in commerce".

Because the truth is, you can argue you are not "in commerce" all you want.

But that DRIVERS LICENSE you voluntarilly gave them says otherwise.

Fortunately for you, this particular bill collector realized you had a good heart, considering you were not terribly out of the norm, and he was being compassionate. Or, perhaps, you wielded some very devastating and worldly words upon him. No disrespect intended to you, but I suspect the former.

Given your valiant effort, and the end result ... I feel this DOES constitute a success, temporarilly, but be assured ... Mr. bill collector will be that much wiser and less amenable (with you or anyone else) the next time.

Unfortunately, they are paid professional criminals by this new design. Lest we never forget that!!!

Sincerely,
truth

[test]

truth, I agree with you 110%

But a few things that come to mind to ponder, is the cop becoming your "witness" (that you are not in commerce) when you mention that to him?

They use anything you say against you, right? So maybe when you tell them you are not in commerce you can use that against them if you receive the ticket and go to court.

Also, about the DL issue, like the example of the delivery truck driver working in commerce but once he delivered the load and he is on his way back without any commercial load, he is not "driving" anymore, is he? He might still have his DL for when he is "driving" in commerce but he might not be engaged in a commercial activity all the time automatically, that is why you rebut the assumption (I guess).

There is a Florida statute like this:
The 2004 Florida Statutes

Title XXIII; MOTOR VEHICLES

Chapter 322; DRIVERS' LICENSES

322.53 License required; exemptions.--

(e) Drivers who operate straight trucks, as defined in s. 316.003, that are exclusively transporting their own tangible personal property which is not for sale.

Chapter 316; STATE UNIFORM TRAFFIC CONTROL

316.003 Definitions.--

(70) STRAIGHT TRUCK.--Any truck on which the cargo unit and the motive power unit are located on the same frame so as to form a single, rigid unit.


I am not sure why it worked, I am happy it did, I am not going to take any chances or push my luck in the future because like you say there are no "rules" with these people.

[KITCHIE]

OK I am not want to renew my DL. I found this in the DMV code and I am not sure of how to interrupt this.

NRS 484.077 “License to drive a motor vehicle” defined. “License to drive a motor vehicle” means any license or permit to drive a motor vehicle issued under the laws of this State, including:
1. Any temporary license or instruction permit.
2. The privilege of any person to drive a motor vehicle whether or not such person holds a valid license.
Some help in understanding this would be greatly appreciated.

Kitchie

[gregtu]

First, you're not a person!!! Are you? If not, this does not apply to you:-)


gregtu

[squirrel]

A MOTOR vehicle is a vehicle for hire and used for the transportation of person's or property.