Good luck dude, I know how much a pain in the *** it is to get a BS ticket (if it really was). I just got cited for driving on an expired license. If you wanna get literal it is expired as the expiration date on it is 2006, however I am in the Military and held a New York license, New York state has auto-extend for military.

Automatic Military Extension: A valid NYS driver license is automatically extended when you are on active military duty. Your driver license does not expire and is extended during your active service. Your driver license is also extended for a maximum of six months after your discharge from military service. Complete form MV-75 (Military Service Notification) to inform the DMV to update your driver record. The DMV will keep your driver record after the expiration date of your driver license.

They were about to arrest me for refusing to sign the ticket until I talk to the LT. on duty and he called a "friend" that is a VA state trooper that lived in NY for all of about a year to tell me I was wrong. I was told that if I continue to drive and they see me I would be arrested and my truck impounded. I found the law on the DMV website and walked my happy *** to the station with the law in my hand and the ticket I got for it. The LT. told me that the guy that pulled me over was in the opposite direction I was heading and told me it would be smart for me to get out of town.

 

VBPD has a rep for being ******.. I was stationed up there in the nineties.. I've several friends who are cops there, who decided to stay after they got out..

the thing that pisses me off the worst about a situation like that, is that they WILL impound your truck, and arrest you.. You'll likely be booked and released, and a court date set.. your truck will remain 'in jail' though..

the judge, when your court date is made, will find you in compliance, and will release your truck- (God knows what condition it will be in, though).. and you'll be cleared, but to save face you will most likely be ordered to get a renewed license.. You WON'T get any restoration of bail, or compensation for damages to your truck.. and the cop who ticketed and arrested you will have his punishment, if any, administered quietly and out of public eye... and if you pissed him off bad enough, you and your truck are now marked and can expect all grades of trouble to follow you as long as you are there..

that's just the way it works.. It's the kind of thing that drove people out of Europe centuries ago to find a better life.. go figure..

 

Isn't it federal law that active duty military, that are serving in a state other than the one in which their drivers license was issued, that the license is automatically considered "valid"???

 

It wasn't even VBPD it was some small *** town that I got pulled over in, and I was able to basically sneak me and my truck out. I have since got a VA license just so I don't have to deal with it again, I got court in Sept.

I know my license comes up as good in the computers as I got pulled in Cali in January and rented a car not even a year ago.

 

Big cloud of smoke? I would have gave you a ticket too.

 

I never heard of such a thing and I was an ex-MP and ex-local cop.

The few I've seen, in the past, did return with a valid and active status through GCIC / NCIC. Others times they would have other valid documentation stating the fact. I also know some states require the service member to send documentation to them in regards to their out of state service obligations.

As for the VA, NY license issue... I don't know the laws of those states but I suspect when the LEO checked your license status through NY they told him it was just expired. Get a copy of NY license record to see if they did what they were suppose to do on their end. BTW signing the citation is not an admission of guilt nor does it in any way say you agree to the charge. When I issued citations I would tell the driver signing the citation was not an admission of guilt and was only signifying they promise to either show up in court to contest the citation or take care of it by the court date and that they received a copy of the citation.
FWIW here in GA, if you refuse to sign a citation, they can take you to the jail and require you to post a bond before you will be released. There's also some states that are not part of the Interstate Compact. If you happen to be from one of those states they could ( but probably not) require you to post a bond rather or not you sign the citation.

And for the smoking truck... GA also has a law in regards to light reducing smoke coming from vehicles and I have stopped at least one driver for it. However I was looking for "bigger fish" to fry (e.g. dope, wanted people etc) and only issued them a warning for it. I liked to look for those little known laws and used them to catch dopers and subjects with warrants. Everybody else got a warning.

 

i'm a military contractor.. I work for AT/FP, which PMO is a part of, and I just asked this question to the MCLEP lead here to make sure before I answered..

it's not a federal law.. some states offer it to active military... the deal is, you hand your DL to the officer, ALONG WITH your valid Active duty military ID (or your inactive ID, or copy of DD form 214 if there is a grace period).. the LEO can 'run' your license, and can check to see if the state it was issued honors 'expired' licenses for active military personnel.. If your state DOES honor the license, and your Military ID is valid- they MUST honor it as a valid DL...

VBPD would have known this.. po-dunk (as he came back and clarified) stands a good chance NOT to have honored it, which is their mistake. He's got a pretty much opened and closed case against the department, and the judge will have to honor it. But, Judges are a pompous lot, and I doubt he would have gotten out of it w/o being sent to DMV for a license in the state he is in.. But now, he has a Va license.. so he 'should' walk..

Va officers are a bunch of disgruntled ******, it's been my observation.. a place just south of Ronoake Va (Whithville maybe?) was on 20/20 some years back for unauthorized stop and illegal seizures.. here was the definition of a po-dunk town, and the cops all sat on I-81 in new Mustangs and Cameros.. and had their little hand held flip charts that demonstrated the likelihood of the target 'running drugs'... and they pulled folks over at the rapid rate...

and then they offered to 'search' the cars.. if the driver allowed a search, they would 'find' things that was chargeable, but generally not arrestable.. so, they would hit the person with a fine... if the driver refused the search (which was a constitutional right pre-patriot act, which stated the warrant was for a specific thing such as drugs, or weapons ect.. now a warrant can find whatever and charge you for it regardless of the reason for the stop or what the magistrate states), the officer would hold the car and driver until a warrant was secured from the local magistrate.. and then they would 'find' all grades of stuff.. the point being, if you caught their eye, they would get you.. the 20/20 story was about a couple of guys who were farmers from SW Virginia who had something like $90k cash in hand, and who were driving to put a down payment on a harvester.. the $ was confiscated (said there were traces of drugs on the bills- well, show me that much $ that DOESN'T have that).. The guys spent over two years trying to get it back, and ended up spending over $30k in legal fees to do so.. they got it back ultimately, but lost a third of it in the process.. all because of some punk **** cops who KNEW they were running a scam..

if the OP was blowing smoke, and if that is illegal, he needs to get what's coming to him.. but on the other hand, many of the cops in this nation are no better than the outlaws who rob and steal.. cities/counties/states/feds rob us everyday.. if he stands a chance to fight it and win- I commend him for doing so.. but by doing so, he will most likely be marked by the department that nailed him in the first place.. that's just the way it works.. it's crap.. the sad thing is though, that for every situation that is pure BS, there are fifty legit stops/citations.. which makes it tough to be taken serious by a judge or a court.

 

 

In texas, FYI, trailers equipped with trailer brakes MUST be inspected. We got busted hauling the camaro up to denton a few weeks ago at a checkpoint, probably 6 cops in a 2 mile range, circling between 2 crossovers. 2 days after I had a sticker put on. Cop basically gambled on the assumption that a car hauler would have trailer brakes. Said he couldn't see the inspection sticker when he pulled up next to us. He asked us to lock the trailer brakes and try to drive, that proved the trailer brakes were working, we showed him the inspection sticker, he let us go with no further ado.

He may have stopped you

1) for smoking
2) to check trailer capacity
3) to check for inspection sticker

 

My uncle is a cop and I've ridden with him plenty of times......if someone pleads "not guilty" for speeding at their hearing, then they're given a trial date.....at their trial date he said half the time he doesn't show up but when he does, as soon as they see him walk in they plead guilty, pay the fine and walk out.

They're betting the cop doesn't show and they walk free from points off their license and no fine.

In your case I would bet the cop doesn't show.....just my opinion......