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  • Bearcat357
    replied
    Originally posted by orlandofed5-0 View Post
    On 1805's or actually state of texas citations? I know Great Lakes uses state of Illinois citations with the fines going to the court of North Chicago.
    When I was in Hawaii, we wrote 1805s using Hawaiian Revised Statues in the charge block.....for everything.....Including citing and releasing civilians that were involved in theft from the PX or assault at the Clubs.....

    Everything went down to Federal Courthouse in Hono.....and went from there....

    I am pretty sure they are still doing that......

    Leave a comment:


  • smk99
    replied
    Originally posted by orlandofed5-0 View Post
    All because of the one magistrate who refused to hear cases regarding bases as having "open and public" roadways? Im pretty sure that it would be thrown out since you would have to place MA's since there is no collateral fine.




    On 1805's or actually state of texas citations? I know Great Lakes uses state of Illinois citations with the fines going to the court of North Chicago.
    The ruling that the base roads were not public has been bypased by the state passing a law saying that they are public highways even if they are restricted.

    The reason for using the CFR is that the US-A says you can not use 18 USC for non criminal offenses.

    Leave a comment:


  • orlandofed5-0
    replied
    Originally posted by smk99 View Post
    Well it is what the US Attorney for the Eastern District of VA has all the DOD use to issue 1805s for any offense that is not a misdemeanor.
    All because of the one magistrate who refused to hear cases regarding bases as having "open and public" roadways? Im pretty sure that it would be thrown out since you would have to place MA's since there is no collateral fine.


    At hood we wrote Texas Traffic code cites. And there are fineable offenses, the newish no driving with a cell phone.
    On 1805's or actually state of texas citations? I know Great Lakes uses state of Illinois citations with the fines going to the court of North Chicago.

    Leave a comment:


  • inveich
    replied
    At hood we wrote Texas Traffic code cites. And there are fineable offenses, the newish no driving with a cell phone.

    Leave a comment:


  • smk99
    replied
    Originally posted by orlandofed5-0 View Post
    32 CFR is what allows the DoD to control traffic on base. There is no fineable violations. Its great if you are using 1408's.
    Well it is what the US Attorney for the Eastern District of VA has all the DOD use to issue 1805s for any offense that is not a misdemeanor.

    Leave a comment:


  • orlandofed5-0
    replied
    32 CFR is what allows the DoD to control traffic on base. There is no fineable violations. Its great if you are using 1408's.

    Leave a comment:


  • smk99
    replied
    Originally posted by orlandofed5-0 View Post
    Yes but bases dont have their own CFR's like the VA or agencies within DOI or facilities that fall under FPS jurisdiction. Therefore 18 USC 13 is the only way to go with traffic citation.
    All DOD bases are allowed to use 32 CFR 634. That is what allows them to issue 1805's for non-criminal traffic violations.

    "TITLE 32--National Defense

    Subtitle A--DEPARTMENT OF DEFENSE

    CHAPTER V--DEPARTMENT OF THE ARMY

    SUBCHAPTER I--LAW ENFORCEMENT AND CRIMINAL INVESTIGATIONS

    PART 634--MOTOR VEHICLE TRAFFIC SUPERVISION"

    http://ecfr.gpoaccess.gov/cgi/t/text...34_main_02.tpl

    Leave a comment:


  • orlandofed5-0
    replied
    Originally posted by smk99 View Post
    Not totally true Fed... You can only write 18 USC 13 if the state traffic code makes the offense a criminal offense. If the violation is civil, as many states are, than you must use CFR.

    The pentegon has a totally different set of rules and procedures allowing the issuance of three different summons if I recall correctly.
    Yes but bases dont have their own CFR's like the VA or agencies within DOI or facilities that fall under FPS jurisdiction. Therefore 18 USC 13 is the only way to go with traffic citation.

    Leave a comment:


  • smk99
    replied
    Originally posted by orlandofed5-0 View Post
    2971511.. Bases do not use CFR's for driving regualtions. They may happen at the Pentagon or other DoD facilities but all traffic violations are written under the assimilative crimes 18 USC 13.


    DACP, your Base CO has allocated the funds for photo radar? Good to see they offer the means and tools for base P/O's to operate decently!
    Not totally true Fed... You can only write 18 USC 13 if the state traffic code makes the offense a criminal offense. If the violation is civil, as many states are, than you must use CFR.

    The pentegon has a totally different set of rules and procedures allowing the issuance of three different summons if I recall correctly.

    Leave a comment:


  • DACP
    replied
    Originally posted by orlandofed5-0 View Post
    DACP, your Base CO has allocated the funds for photo radar? Good to see they offer the means and tools for base P/O's to operate decently!
    Well the post has no money for this more like they diverted and siphoned funds. I have an idea of where some of that money came from, can’t prove it but I have an idea. Any how I am mixed on this whole deal. Someone is going to get hung out to dry over all of this and post is going to have to spend even more money that it does not have. As I understand the details the penalty is administrative not monetary, so hopefully the boss is not an A hole when dealing with this, nor is he a push over.

    Leave a comment:


  • orlandofed5-0
    replied
    2971511.. Bases do not use CFR's for driving regualtions. They may happen at the Pentagon or other DoD facilities but all traffic violations are written under the assimilative crimes 18 USC 13.


    DACP, your Base CO has allocated the funds for photo radar? Good to see they offer the means and tools for base P/O's to operate decently!

    Leave a comment:


  • Sled
    replied
    In NYS, the law had to be changed to allow camera enforcement. Previously, a summons for a moving violation had to be issued to the operator of the vehicle. That is not feasible with a camera, so the State amended the law to treat the camera offenses like a parking summons, and the registered owner is responsible for the summons and it can be mailed.
    Basically, NYS does not care who was driving your car, if it went through the light, you pay.

    Leave a comment:


  • 2971511
    replied
    I would check with the Prosecutor from your base, about the legality of this .... I believe that military bases are coverd under a CFR, and if they are, you can not enforce speed or red light for that matter using photo radar because CFR specifically requires a LEO to ID the driver, and also becasue CFR is considered a criminal offense and not a traffic violation.

    We looked into Photo Radar on the G.W.M.P and the AUSA's that researched it told us this, they said we would have to change the law and make speeding a non criminal offense, for this and several other reasons, the program was abandoned..... hope this helps,,, I truely think that they are a WASTE of time, and do very little to control speeding and other violations.

    Leave a comment:


  • Sled
    replied
    They should not be hard to spot, I will not say how to spot them because who knows who reads this, but I will say that with the cameras there is no discretion.

    Leave a comment:


  • ASUMach1
    replied
    We have them in my city. I'm not a fan.

    Leave a comment:

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