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Am I Wrong About TN Law?


Clod Stomper

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I was pulled over for speeding a couple years ago and informed the officer of my pistol which was on the passenger seat (I was returning from the range). He was fine with that and then asked me if I had other guns in the car. Frankly I didn't think it was his business to know but I answered "yes". He then asked what kinds and where and I informed him I had a couple rifles in the trunk. At that point I had the priviledge of sitting in the squad car while he write me up. I've never felt so humiliated.

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I was pulled over for speeding a couple years ago and informed the officer of my pistol which was on the passenger seat (I was returning from the range). He was fine with that and then asked me if I had other guns in the car. Frankly I didn't think it was his business to know but I answered "yes". He then asked what kinds and where and I informed him I had a couple rifles in the trunk. At that point I had the priviledge of sitting in the squad car while he write me up. I've never felt so humiliated.

Some departments put the offender in the squad when writing a ticket. Personally I think its crazy; but to each his own.

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Just checked my speedometer against my GPS. I'm 3mph faster than I'm registering. So now I know...

I'm due for some new tires, so I won't bother recalibrating. Just get some factory size tires when I do. Unless I find another good deal that fits my rims.

Will

Edited by Clod Stomper
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I had some bigger tires put on my p/u and it changed my speedometer. According to my GPS now, when the speedometer reads 60 MPH, I'm actually at 66 MPH. The faster you go, the more it's off.

It's a nice thing to know in advance.

That makes sense that it's off by a percentage rather than a hard number. So if I'm off by 3mph at 50, then... well... I'll do the math later...

Yours is easy. 10%

Edited by Clod Stomper
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I know you are required to carry valid proof of insurance, but a $75 dismissal fee?!?! In AL you just had to go to the station and show them a new card and that was it...

I played a stupid game I won a stupid prize. I'm not going to complain that I have to pay $75 Because "I" failed to have my proof of insurance in the car. If you don't want to pay the dismissal fee then carry your proof of insurance.

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That makes sense that it's off by a percentage rather than a hard number. So if I'm off by 3mph at 50, then... well... I'll do the math later...

Yours is easy. 10%

If I'm not mistaken odometer error is exponential, meaning that the faster you go the more you will be off. Percentages work as well.

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Out of courtesy wouldn't it be best just to the hand over you HCP along with your DL license?

It hasn't helped me in the past but I'd think it could be to your advantage to be open and let the officer know who they are dealing with. :shrug:

I might also add that not all officers know the law, surprise,surprise. Case in point is that I was pulled over on my motorcycle for going through a red light according to TN law - 55-8-110. Traffic-control signals. The officer was asking me to explain the law to him. Expecting this to happen one day I had a copy with me. This officer didn't look at my DL or ask for it, we discussed the law and that was that.

.

Edited by kieefer
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Out of courtesy wouldn't it be best just to the hand over you HCP along with your DL license?

It hasn't helped me in the past but I'd think it could be to your advantage to be open and let the officer know who they are dealing with. :shrug:

I might also add that not all officers know the law, surprise,surprise. Case in point is that I was pulled over on my motorcycle for going through a red light according to TN law - 55-8-110. Traffic-control signals. The officer was asking me to explain the law to him. Expecting this to happen one day I had a copy with me. This officer didn't look at my DL or ask for it, we discussed the law and that was that.

.

Maybe he was fishing to see if you knew you had not broke the law.

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I suggest the ones that have or thinking about having a piece a paper to show a LEO what a Tennessee law is, are likely setting themselves up for an additional headache and does absolutely nothing to difuse the situation, and is more prone to agrevate the situation. Its like pouring gasoline on a fire. The logic is sound, the thought process is good, and it just sounds good rolling off your tongue, but this is one of those instances to keep your paper in the console and to say nothing unless asked a question by LEO, and try to keep it to a yes sir no sir, etc. This is similiar to what I did 25 years ago. In my late teens, I had already had a run in with the law enforecement many times mostly due to traffic offences, sound ordances, tailgating, racing, hotel pool hopping, etc. (no drugs or theivery). I purposely took Criminal Justice in college just to get a leg up on LEOs, so I could be be just as smart, arrogant, and intelligent as they are (or the ones I had been introduced to). Day 1 of the class, the instructor stated the following: When a LEO has you pulled over, he can say, he can do anything he chooses, he is trained to controll the situation, he can break the law as he chooses and you at that very moment are helpless and can do absolutely nothing about it. He can write you citations for actions you are clearly have not violated. Its his word against yours. Even if there are other LEOs present, their bond is very great, so their outstanding stance in the community (thier word) can trump yours. So he recommended to anyone in the class that was there to outsmart LEOs, don't, and to always say yes sir, no sir, and thank him for his service, even has he hands you your citation. I remember I felt like getting up at that very moment and dropping the class, but I kept the course, and afterwards till this day I have a very deep appreciation and respect for LEOs (but I couldn't do their job). Long after the class, it still didn't stop me from being pulled for many traffic violations, but I did drop the smart a$$ attitude I had before I took the class. It wasn't until I hit my 30s that I finally broke the cycle of traffic offences. Its been close to 12 years now without the blue lights on me (except an incident of a boat trailer light, but he let me go).

Edited by Runco
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I suggest the ones that have or thinking about having a piece a paper to show a LEO what a Tennessee law is, are likely setting themselves up for an additional headache and does absolutely nothing to difuse the situation, and is more prone to agrevate the situation. Its like pouring gasoline on a fire. The logic is sound, the thought process is good, and it just sounds good rolling off your tongue, but this is one of those instances to keep your paper in the console and to say nothing unless asked a question by LEO, and try to keep it to a yes sir no sir, etc. This is similiar to what I did 25 years ago. In my late teens, I had already had a run in with the law enforecement many times mostly due to traffic offences, sound ordances, tailgating, racing, hotel pool hopping, etc. (no drugs or theivery). I purposely took Criminal Justice in college just to get a leg up on LEOs, so I could be be just as smart, arrogant, and intelligent as they are (or the ones I had been introduced to). Day 1 of the class, the instructor stated the following: When a LEO has you pulled over, he can say, he can do anything he chooses, he is trained to controll the situation, he can break the law as he chooses and you at that very moment helpless and can do absolutely nothing about it. He can write you citations for actions you are clearly have not vilated. Its his word against yours. Even if there are other LEOs present, their bond is very great, so their outstanding stance in the community (thier word) can trump yours. So he recommended to anyone in the class that was there to outsmart LEOs, don't, and to always say yes sir, no sir, and thank him for his service, even has he hands you your citation. I remember I felt like getting up at that very moment and dropping the class, but I kept the course, and afterwards till this day I have a very deep appreciation and respect for LEOs (but I couldn't do their job). Long after the class, it still didn't stop me from being pulled for many traffic violations, but I did drop the smart a$$ attitude I had before I took the class. It wasn't until I hit my 30s that I finally broke the cycle of traffic offences. Its been close to 12 years now without the blue lights on me (except an incident of a boat trailer light, but he let me go).

Well.. in dash cams and very good audio will kinda put a stop to any shenanigans they might be up to ..Unless the audio and video is by chance just not working at that point ..

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  • 2 weeks later...

Update:

Took my proof of insurance to Alcoa PD today. No charge for the citation. Cool.

I also spoke to a shift supervisor about the duty to inform. He told me the same thing that the first officer did. Since I wasn't on the side of Alcoa Highway, I was politely insistent enough that he said he would look into it further. So just FYI, until Alcoa PD is up to speed, it may be expedient to show your HCP if pulled over in Alcoa. I will, as a courtesy, if it's in view or on my person. For now.

Hornett22, I don't even know what to say.... that's just outrageous.

Ok, I have read the TCA and I don't see how it can be construed as saying that I have to tell an officer I'm carrying. BUT, for those of you who are more familiar with the wording and/or are lawyers, is there ANYTHING in the law that can POSSIBLY be misconstrued that way? Just curious.

Will

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I only show my HCP as a courtesy, also. There is no duty. I do it to give the officer one more reason to trust me

and not feel threatened, in case he has had a bad shift.

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I also spoke to a shift supervisor about the duty to inform. He told me the same thing that the first officer did. Since I wasn't on the side of Alcoa Highway, I was politely insistent enough that he said he would look into it further. So just FYI, until Alcoa PD is up to speed, it may be expedient to show your HCP if pulled over in Alcoa. I will, as a courtesy, if it's in view or on my person. For now.

Ok, I have read the TCA and I don't see how it can be construed as saying that I have to tell an officer I'm carrying. BUT, for those of you who are more familiar with the wording and/or are lawyers, is there ANYTHING in the law that can POSSIBLY be misconstrued that way? Just curious.

I’m no lawyer but I don’t see anything that would cause anyone to think there is a duty to inform. I would be curious to hear from a Shift Commander why he thinks there is. Is there case law or something?

I’m a former street cop, so I’m going to inform out of courtesy, respect, and for the safety of everyone involved......And to try to get out of a ticket. biggrin.gif

Cops get the law wrong all the time; they are just people. Now is your opportunity to have a friendly discussion with him again at your follow-up. If he finds he was wrong he may pass it on in the form of training.

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