Re: Jailed over Duff Beer Lemons car.

rmcdaniels wrote:

...there were guys that we had to assign permanently to the dispatch desk because we couldn't let them out in public any more. If we let them go on patrol then we'd end up with an incident.

Farva...

I have to get an inspection yearly, and they are not consistent from one to the next, so it doesn't surprise me at all that one guy failed it and the next didn't.

My car passed twice with a cracked windshield.  Then a state cop wrote me up for the defect while also giving me a ticket for a failed inspection and a speeding ticket .  I had it inspected and it passed AGAIN, so I went to court with the slip from the inspection and they dropped the windshield defect ticket too.  About 2yr later I finally replaced the cracked windshield.

FastISH and the FURRiest 1991 Volvo 240 wagon
WV 13th, FL 8th (GRM), NJ 8th (B win), WV 4th (B win), NC 14th, NJ 14th, WV 62nd,  NH 17th, NY 54th
2012 Sears Point Outlaw...74th!

Re: Jailed over Duff Beer Lemons car.

@rmcdaniels,

I stumbled across this thread a bit late, and am incredulous.  A bit of history for some who may not be familiar:  At the last CMP race of 2010, one of our drivers, Rob, lost his brakes on the main straightaway at CMP, and came into the hard right hander at the end carrying way, way too much speed as a result.  Our Tunachucker Volvo Amazon crashed into the Duff Honda with enough force to twist up the front subframe on our car and render the Honda undrivable as well. 

While this wasn't a major deal for us- we trailer our 122 to and from the race- I had found out the night before that the Honda is driven to and from races.  (sidebar, I found this out while wandering the paddock, slightly inebriated, at 2AM searching for signs of life.  I found them- Roger was knee deep in some helpless Honda plant scattered across 4 sheets of plywood that also contained something that appeared to be a car- and we had a nice conversation despite him obviously being in the midst of something very icky)

Anyway, after the awards ceremony I went searching for the Duff Beer team- I felt extrememly bad about the incident, even though it was an accident (our Volvo sprung a massive hydraulic leak and, being a pre-1967 car, had only a single pot master cylinder) I wanted to apologize to them.  I found Roger, and told him how sorry I was about the incident and how bad I felt about it.  He was absolutely, amazingly forgiving and not even phased about it.  His feeling was, it happens, its a part of racing, he'd leve the car at CMP and come back and fix it, and drive it home.  He was truly a class act.  I couldn't imagine a nicer fellow.

This incident with the NC inspectors is absolutely abhorrent.  I sincerely hope everything comes out in your favor; I doubt you'll ever see a dime of that money again but as long as your record stays clear and the neighbors stay at bay, that's the best you can hope for.

And like another poster said, move to SC.  No inspections.  We're a very car friendly state. 

See you on the track.

Tunachuckers: 15 Years of Effluency
'08 - '10: 1966 Volvo 122, "Charlie"
'10 - '18: 1975 Ford LTD Landau --> 2018 - current: Converted into 1950 "Plymford"
'22 - current: 1967 Volvo 122, "Charlie ]["

28 (edited by Jeff G 78 2011-01-23 07:08 AM)

Re: Jailed over Duff Beer Lemons car.

I agree that you will likely throw good money after bad trying to sue, but maybe you should seek the local TV news team's investigative reporters.  Tell them exactly what happened and see if they want to take on your case.  If they do and get the word out, they might uncover more people who have been railroaded by the local LEOs over inspections.  If you get lucky and the plan works, you can then go after your money with a much better chance of winning the case.  The downside is that you would certainly piss off the LEOs once they started investigating.

I have no idea if the local news would be interested, but here in Detroit, they go after corruption in local government all the time.  Detroit's former mayor Kwame Kilpatrick was run out of office, spent some time in jail and is now facing Federal charges and decades of prison time.  You never know what they might uncover.

BRE Datsun (Broke Racing Effluence) formerly Dawn of the Zed Racing
'74 260Z
Facebook page http://www.facebook.com/editpicture.php … 2559430584

29 (edited by Mulry 2011-01-23 08:22 AM)

Re: Jailed over Duff Beer Lemons car.

Jeff G 78 wrote:

I agree that you will likely throw good money after bad trying to sue, but maybe you should seek the local TV news team's investigative reporters.  Tell them exactly what happened and see if they want to take on your case.  If they do and get the word out, they might uncover more people who have been railroaded by the local LEOs over inspections.  If you get lucky and the plan works, you can then go after your money with a much better chance of winning the case.  The downside is that you would certainly piss off the LEOs once they started investigating.

That's not a bad idea if you want to make sure that you stay firmly in the middle of the bullseye. I'm not meaning to imply that unveiling corruption shouldn't be done, but it does come with a price. You've gotta be willing to pay that price before you undertake this exercise.

I've seen that video posted by the OP, and it's very instructive. If you ask any criminal defense lawyer "what should I say if I get arrested," 99% of them will tell you that the first and only words out of your mouth should be "I want to see my lawyer" because it cuts off the interrogation at the outset before you can say something stupid that might implicate you in a crime that you did not commit. Police are given a wide latitude in their interrogations by the courts (including the use of completely fabricated evidence and outright lying) in their attempts to evoke a confession out of a suspect. I have personally witnessed suspects confess to crimes for which they were totally and 100% innocent. It would be a Jedi mind trick if it weren't so onerous.

Pat Mulry, TARP Racing #67

Mandatory disclaimer: all opinions expressed are mine alone & not those of 24HOL, its mgmt, sponsors, etc.

Re: Jailed over Duff Beer Lemons car.

If you want to pursue anything, I'd recommend writing up a concise, completely factual, clearly worded complaint that explains the situation and send it to your governor, lieutenant governor, state representatives, state senators, and maybe some news stations. Admit your culpability - when you were written up for not having a part your car didn't come with, you likely "should have" taken the matter to the governing authority instead of going to get another inspection elsewhere. Then explain the pains you've gone through to make sure your car still meets the letter of the law. Finally, explain where you feel the police under their authority overstepped their authority.

Several years ago a co-worker of mine got a speeding ticket in a speed-trap town. He was slowing down to the speed limit, but was still above the limit when he passed the sign. Still, he paid the ticket then proceeded to call the news stations and ask them to cover speed trap towns. He called the governor but didn't get through. He called the lieutenant governor and chatted with her for several minutes. He called his state legislators. He wrote an editorial for the biggest newspaper in the state that didn't get printed.

His efforts paid off. About a month later the lieutenant governor announced a crackdown on speed-traps. The state legislature passed a law that reduces the amount of road money that goes to towns that get more than half their revenue from speeding tickets.

We also don't have an inspection requirement in Oklahoma any more because people got upset about the shenanigans some shops were playing.

Re: Jailed over Duff Beer Lemons car.

I don't know about going after the police on this issue. The standard for obtaining an arrest warrant is pretty low, basically that someone might reasonably believe based on the circumstances that I might have committed a crime. The circumstances are that I failed an inspection with multiple problems, then immediately took the car to another inspector who was observed doing improper inspections and passed the car. A reasonable person looking at those circumstances might believe that I solicited an improper inspection for a car that would not pass a proper inspection, which is what I was charged with. Subsequent inspections and any excuses or explanations from me do not have to be taken into account. I had time to fix the car for the third inspection and I could be lying.

Everybody grab your brooms, it's shenanigans!

Re: Jailed over Duff Beer Lemons car.

I can't drive legally in North Carolina.
122 in 55 is frowned upon in a state built on people doing 122 in a 55.

Justice...with a smile.

Re: Jailed over Duff Beer Lemons car.

In California civil court, tort lawsuits for wrongful arrest are common. A lot of them are bogus--pitching a fit at the DMV and then getting arrested is typical--but looking at the facts here, I think you should at least call your lawyer and ask his advice about pursuing a civil action against the police agency. At the very least to get your fees back.

Re: Jailed over Duff Beer Lemons car.

I will ask my lawyer when I see him next; currently I'm in Oregon for three weeks, and then I'll be scrambling to get the car ready for CMP in a few weeks, so it could be a while. Right now it's sitting in my driveway with no transmission; I was driving it around and it was rattling a lot when I shifted gears, so I took it apart. The input shaft and differential bearings are a bit loose and the inner CV joints have a lot of play; I'll have to rummage through my big shed full of crappy Civic parts and see if I can find better junk to put in the car.

Everybody grab your brooms, it's shenanigans!

Re: Jailed over Duff Beer Lemons car.

Sounds like you got caught in the middle of an investigation of the second inspector. A bad deal to be caught in. Good luck with whatever way you decide to handle it.
BTW, I imagine you eagerly offered advice on how to properly handle the situation. Did it go something like this?

http://www.youtube.com/watch?v=RvVMTyaZ … re=related

Knights of Granada
Swamp Thang Granada

Re: Jailed over Duff Beer Lemons car.

Wow, that is crazy. Now I have a story to tell for people who think California vehicle ownerships requirements are Nazi-ish.

The Homer: Powerful like a gorilla, yet soft and yielding like a Nerf ball.

Re: Jailed over Duff Beer Lemons car.

Judge Scott wrote:

I can't drive legally in North Carolina.
122 in 55 is frowned upon in a state built on people doing 122 in a 55.

um, respectfully Your Honor.  bootlegging and the sport it created has never actually been legal in these here parts.  so while i see your point i must say no; tobacco, sweet potatoes and to a lesser extent cotton, built North Carolina.  granted, IBM helped some too.  but those bastages are criminals as best i can tell.

Roger, i might let this drop were i you.  i've seen your car parked less than three blocks from the governor's office.  i mean drop as in openly, it might not hurt to continue this effort under the radar so to speak.  THSCC does have a rather prominent member of the N&O staff in its membership.

whatever it was i didn't do it
dorifto dogs E30 - gone but not forgotten

Lee Ho Fook's Racing E36

Re: Jailed over Duff Beer Lemons car.

Yeah, I'm relatively certain that my lawyer will say to be happy with a dropped felony charge, but there's no harm in asking him.

Everybody grab your brooms, it's shenanigans!

Re: Jailed over Duff Beer Lemons car.

rmcdaniels wrote:

....my wife is still really pissed off at me about the whole thing and asking why I can't just chase younger women like other guys do for their mid-life crisis.

I keep telling my husband that I could be out chasing guys like all the other girls.....

This is an awesome story, and I think you deserve a trophy.

Captainess: #88 Scirocket Racing - Did someone say Pikachu?

Re: Jailed over Duff Beer Lemons car.

I think my wife (girlfriend at the time) figured out she could trust me right around the 5th car change in our relationship.  She realized my novelty seeking was consumed with vehicles.

Quad4 CRX - Wartburg 311 - Civic Wagovan - Parnelli Jones Galaxie - LS400 - Lancia MR2 - Boat - Sentra - 56 Ford Victoria
Known Associate of 3pedal Mafia, Speedycop, and the Russians.  Maybe even NSF.

41 (edited by Team BenzGay 2011-01-24 01:32 PM)

Re: Jailed over Duff Beer Lemons car.

rmcdaniels wrote:

I figure if someone is being an asshat, then it's really in their best interest for me to point out their numerous  personal and professional deficiencies.

Let me know how that works out for you.

"You can’t make a pig into a race car, but you can make a very fast pig."

Re: Jailed over Duff Beer Lemons car.

Team BenzGay wrote:

Let me know how that works out for you.

Well, obviously, I went to jail, but nobody ever said that right = smart.

Everybody grab your brooms, it's shenanigans!

Re: Jailed over Duff Beer Lemons car.

NC DMV has become out of hand. We are a dealership and they have setup across I77 with Binoculars to see that my inspector was aiming headlights. What a waste of tax payers $$$$.

Mello Kab
1996 Crown Vic
2 time  Least Horrible Yank Tank Award

Re: Jailed over Duff Beer Lemons car.

mrfxst wrote:

NC DMV has become out of hand. We are a dealership and they have setup across I77 with Binoculars to see that my inspector was aiming headlights. What a waste of tax payers $$$$.

It would have been cool to move a big mirror between your shop and the DMV guy so even he could see what a waste it was.  smile

Captain
Team Super Westerfield Bros.
'93 Acura Integra - No VTEC Yo!

Re: Jailed over Duff Beer Lemons car.

Corruption should be fought.  At the very least file a formal complaint against the po.  All it takes for evil to win is for good to do nothing.

ZeeGuys 300ZX

Re: Jailed over Duff Beer Lemons car.

Easy to say when you're not the one who might lose his livelihood. Security clearances are a very touchy subject, especially when your whole career has depended on your ability to keep it.

Re: Jailed over Duff Beer Lemons car.

And it's not necessarily corruption. Like I said earlier, the standard for obtaining a warrant was arguably met.

Everybody grab your brooms, it's shenanigans!

Re: Jailed over Duff Beer Lemons car.

Corruption maybe not...stupidity yes.  So  at least I have a reason to be glad I live in Michigan. 

But at least in Lemons if you do something (suspicious) your judge wears flip flops and drives a beat Alfa, I can live with that.