—–Original Message—–
From: E
Sent: Thursday, January 20, 2011 8:57 PM
To: info@coptalk.info
Subject: laws

hi i was wondering if this is right i was pulled over on 1/11/11 by the local police department for window tint and i was ticketed a 125.00 fine but the tint has been on my car since 2002 and the window tint law was put into effect in 2004 right so i got the proof for him to see that is was done in 2002 and i know a little about the laws in Ohio and what they can and can not do and when i told the cop that is a ex post facto law witch is Latin for "after the fact," which refers to laws adopted after an act is committed making it illegal although it was legal when done, or increases the penalty for a crime after it is committed. Such laws are specifically prohibited by the U. S. Constitution, Article I, Section 9. Therefore, if a state legislature or Congress enact new rules of proof or longer sentences, those new rules or sentences do not apply to crimes committed before the new law was adopted.

and the cop some how for got to give me my window tint receipt back to me and now i do not have it and that is and was the only time iv ever been pulled over in my life thanks

Thanks for the question and here are some opinions for you:

Not sure how the ex post facto defense would work for you in court. If a law is passed it applies to everyone unless exceptions are specified in the law. In your situation, it would be too difficult for a cop to pull people over and then try and determine if the window tint was applied prior to or after the law was passed. A cop is going to write the ticket regardless and court would be the place to argue your case and bring evidence or proof.

Again, I’m not sure how that defense would work. New laws are passed all the time and they don’t say it’s legal for those "pre-law" and illegal for those "post law". Laws would be too difficult to enforce unless the exceptions are specified in the law. What about seat belts? People could say they took the seat belts out of their car before the seat belt law was passed so they don’t need to wear them now, right? Wrong, the law applies to all cars now unless exceptions are noted in the law. Just because something was legal before a law was passed doesn’t automatically make it legal for people claiming a "pre-law" defense.

I believe the Constitution section you mentioned applies more toward a criminal matter / punishment  rather than vehicle code equipment violations. For instance, if someone committed a crime that was considered a misdemeanor when it occurred but a law passed later makes the same crime a felony, the courts cant "go back" and charge that person with a felony if the crime was considered a misdemeanor when it was committed. Also, the courts cant "go back" and increase a persons sentence if a law passed later increases punishment for the same crime after the person was already charged and sentenced with a lesser sentence.   

I’m not sure about Ohio laws or how the ex-post facto defense will work for you but good luck. Bottom line for anyone who doesn’t agree with a ticket; arguing with a cop on the street usually doesn’t work, in fact, it almost always ensures a ticket. Court is the place to argue your case and try to get the ticket dismissed.     

Mark

Your argument sounds very convincing. If you feel up to the task of defending yourself in court, I would obtain another copy( call the store in Ohio) and have them fax a copy of receipt to you.

Then explain, with copies in hand of the various statutes you quoted, to the Judge as to why you should be "grandfathered" in under the law of 2004.

Good luck and please send us the a note on the outcome of your court case.

Ed

PS: The officer was only enforcing laws the California legislature enacted ( the people of California voted them into office by the way).

I cannot find any fault in him/her doing what they are required to do.

Comments(1)

—–Original Message—–
From: Anon
Sent: Friday, January 14, 2011 4:10 PM
To: info@coptalk.info
Subject: a man that wont leave me

Hello.

I have a boyfriend that lives with me. I want to break up with him and make him leave the house. I have tried to ask him to leave he refuses to he threated to hurt my dog and he will break things or they will magically disappear, i have to keep anything of value in my car all the time and I have changed the locks when he was out and he just broke the window when to get in. I have no family other than my son that lives with me. I cant afford to move. I rent the place my self and pay the bills my self also. what can I do? I live in Bell Gardens,ca. I don’t know if different city’s have different rules.

Thank you for your time.

We go to calls all the time where two people living together get in a fight and one wants the other to leave. But if your boyfriend has been living there and has property there, then basically he has "squatters rights", even if he doesn’t pay rent or utilities. And if you lock him out he can "legally" break in even though he isn’t on the lease. The problem you have is that he has established residency by living there and having property there. Unfortunately when cops go to a domestic dispute like your situation all they can do is ask one party to leave unless they can arrest the person for committing a crime or having a warrant. But that wouldn’t give you the right to put his stuff outside and lock him out, you’d be liable for his property if something happened to it.

There’s a lot of info missing like how long you’ve been together, any children involved, any prior domestic violence, how many times, if any, has the police been called, do you live in a home or apartment, etc. But there’s a few things you can try;

If the lease is only in your name you can go to court and evict him. Check with the appropriate department at your courthouse for advice and needed paperwork. See if your apartment complex can evict him.

If he is threatening violence, you can try to obtain a restraining order against him and the police can order him to leave. Then he can not contact you in any way or come within 500′ of your home, work etc. or it is a violation of the restraining order. Just make sure to put the reason why you are requesting the restraining order; threats of violence against you or your dog, breaking things out of anger, fearing for your safety etc. You can obtain a restraining order packet at a local courthouse.  

If it’s an apartment complex, explain the situation to the manager and ask if they will let you move to another apartment within the complex. Once you have a new residence and don’t allow him in, he’ll be trespassing or can be arrested for burglary if he breaks inside the new apartment. Just give him ample notice to retrieve his property from the old apartment before management discards it. Don’t take any of his property into your new residence. 

Easiest way will be through the courts with an eviction or if you fear violence or stalking, then a restraining order. Usually courts have a specialized unit within the Sheriffs department that deal with evictions and landlord / tenant issues. They may be able to give you advice on how to deal with your situation.   

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