I found this on an old disk and thought some might be interested...
Stories about Sect 397 of the NY State Vehicle and Traffic Law
The NYS Vehicle and traffic law, sect 397 makes installing (equipping) a motor vehicle with a radio capable of receiving police frequencies, or using a vehicle so equipt,.a misdemeanor.
I
The following is a result of either hearsay or conjecture on my part, I have no first hand knowledge. The hearsay comes from various written accounts on the internet which was wild with the story at the time.
About 0200 hrs sometime in the spring of 2003, a New York State trooper made a routine traffic stop, reason unknown. It was probably speeding or erratic driving, for at that hour of the morning, police officers know that there is no such thing as a ‘routine” traffic stop. It is assumed that the vehicle stopped had out of state plates, but not known.
The individual stopped had an amateur radio license from somewhere down south, and was not a New York state resident. He was given a summons for violation of the NYS Vehicle and Traffic Law, section 397, a misdemeanor (not a violation).
From what reportedly occurred later, we can assume that he did not accept the summons graciously.
The individual appeared in court at the appointed time without legal representation. This apparently was just the local traffic court.
1. The individual was called LAST. (strike one)
2. After being called, the court clerk spoke with the judge. Reason unknown, but out of the hearing of the individual. (strike two)
3. Somehow, and for an unreported reason, the individual and the court judge got into a shouting match.. The judge reportedly admonished the individual for trying to tell the judge the law. (strike three) [and the ball game]
4. A trial date was set.
After the trial date was set, the individual contacted the American Radio Relay League for legal aid and presumably hired his own atty. The ARRL agreed to supply legal help and reportedly a gaggle of attnys, and legal volunteers descended upon the courthouse like an ocean wave on a sugar cube at the appointed time. In that interval, the internet started buzzing with conjecture, and, in effect, it hit the fan. New York state also supplied prosecutors to add to the fun.
At trial, the charge was dismissed…. Several prosecutors commented that the law was poorly written, and there was some grandstanding by the attnys, of no consequence.
The question, of coarse, is why the summons was issued.. Why was the individual called last, and what did the court clerk say to the judge.
My answer is that the police officer was given a hard time by the individual which earned the individual a summons. (would you like to write a summons at 2AM in the morning?) The police officer also marked somewhere on the summons, a note to the judge, which the court clerk called the judges attention to. At that point, the ball game was over for the individual, who while guilty of probably nothing more than being verbally un-cooperative, was gonna get his nose rubbed into it… And so he did.
It could be noted that the worst the officer could do to get even was give the summons for violation of 397. If there was a substantial violation, an out of state violator would probably have to have been arrested, so this was the easy way out for the officer and really busted (back) the violators chops..
II.
The following is a real event, I can vouch for its accuracy, cause I wuz the bad guy.
Driving peacefully down S.S. Pky in Suffolk County I was stopped by a NYS trooper at about 3PM.. He stopped me because he had noticed that my inspection sticker had expired. While in the car, I always had monitored the local (3rd) Pct, which had been quiet. While the officer was inspecting my license and informing me that my inspection sticker had expired (“aww [explitive deleted]”), Murphy’s Law reared its ugly head……… the third pct stopped being quiet!! He said “was that a police radio?”, I said, yeh, I always monitor the 3rd pct, and later mentioned that if I thought the radio was illegal, it wouldn’t be there…
To make a long story short, he read sect 397 and cut me loose... Why? Well, I was cooperative, ……it is as simple as that… And I got the car inspected…
…Attitude, baby, attitude…[.BUT, with 911, it may be a new ballgame.].
This event occured when the PD had NOT gone over to trunked, and before 911. I later found out that I worked with the troopers daughter (at AIL) and he may have seen my badge on the seat, who know though..
Ed K2LCK
Stories about Sect 397 of the NY State Vehicle and Traffic Law
The NYS Vehicle and traffic law, sect 397 makes installing (equipping) a motor vehicle with a radio capable of receiving police frequencies, or using a vehicle so equipt,.a misdemeanor.
I
The following is a result of either hearsay or conjecture on my part, I have no first hand knowledge. The hearsay comes from various written accounts on the internet which was wild with the story at the time.
About 0200 hrs sometime in the spring of 2003, a New York State trooper made a routine traffic stop, reason unknown. It was probably speeding or erratic driving, for at that hour of the morning, police officers know that there is no such thing as a ‘routine” traffic stop. It is assumed that the vehicle stopped had out of state plates, but not known.
The individual stopped had an amateur radio license from somewhere down south, and was not a New York state resident. He was given a summons for violation of the NYS Vehicle and Traffic Law, section 397, a misdemeanor (not a violation).
From what reportedly occurred later, we can assume that he did not accept the summons graciously.
The individual appeared in court at the appointed time without legal representation. This apparently was just the local traffic court.
1. The individual was called LAST. (strike one)
2. After being called, the court clerk spoke with the judge. Reason unknown, but out of the hearing of the individual. (strike two)
3. Somehow, and for an unreported reason, the individual and the court judge got into a shouting match.. The judge reportedly admonished the individual for trying to tell the judge the law. (strike three) [and the ball game]
4. A trial date was set.
After the trial date was set, the individual contacted the American Radio Relay League for legal aid and presumably hired his own atty. The ARRL agreed to supply legal help and reportedly a gaggle of attnys, and legal volunteers descended upon the courthouse like an ocean wave on a sugar cube at the appointed time. In that interval, the internet started buzzing with conjecture, and, in effect, it hit the fan. New York state also supplied prosecutors to add to the fun.
At trial, the charge was dismissed…. Several prosecutors commented that the law was poorly written, and there was some grandstanding by the attnys, of no consequence.
The question, of coarse, is why the summons was issued.. Why was the individual called last, and what did the court clerk say to the judge.
My answer is that the police officer was given a hard time by the individual which earned the individual a summons. (would you like to write a summons at 2AM in the morning?) The police officer also marked somewhere on the summons, a note to the judge, which the court clerk called the judges attention to. At that point, the ball game was over for the individual, who while guilty of probably nothing more than being verbally un-cooperative, was gonna get his nose rubbed into it… And so he did.
It could be noted that the worst the officer could do to get even was give the summons for violation of 397. If there was a substantial violation, an out of state violator would probably have to have been arrested, so this was the easy way out for the officer and really busted (back) the violators chops..
II.
The following is a real event, I can vouch for its accuracy, cause I wuz the bad guy.
Driving peacefully down S.S. Pky in Suffolk County I was stopped by a NYS trooper at about 3PM.. He stopped me because he had noticed that my inspection sticker had expired. While in the car, I always had monitored the local (3rd) Pct, which had been quiet. While the officer was inspecting my license and informing me that my inspection sticker had expired (“aww [explitive deleted]”), Murphy’s Law reared its ugly head……… the third pct stopped being quiet!! He said “was that a police radio?”, I said, yeh, I always monitor the 3rd pct, and later mentioned that if I thought the radio was illegal, it wouldn’t be there…
To make a long story short, he read sect 397 and cut me loose... Why? Well, I was cooperative, ……it is as simple as that… And I got the car inspected…
…Attitude, baby, attitude…[.BUT, with 911, it may be a new ballgame.].
This event occured when the PD had NOT gone over to trunked, and before 911. I later found out that I worked with the troopers daughter (at AIL) and he may have seen my badge on the seat, who know though..
Ed K2LCK
de k2lck..spinner of antennas,tall tales and some outright lies...
