Crossing a Solid White Line on a Highway – Is it Legal?

Written by Gregory Monte. The short answer is that it depends on the state you are driving in – but that is not really why I decided to write this blog post.  Instead, I wanted to make a point (yet again) about how useless much traffic ticket advice on the internet actually is … presently company … Continue reading Crossing a Solid White Line on a Highway – Is it Legal?

The Police as “Community Caretakers”

“The most terrifying words in the English language are: I'm from the government and I'm here to help.” Ronald Reagan Written by Gregory Monte. I first encountered the idea of a community caretaker when reading about an individual who was pulled over by the police for stopping too long at a stop sign.  I found this … Continue reading The Police as “Community Caretakers”

Pro Se Defendants and Impatient Judges

Written by Gregory Monte. Defending yourself (pro se) in traffic court can be a “trying” experience. First of all, you are pitting yourself against a prosecutor who represents the state for a living.  Not only does he know all the ins and outs of the law, but he is also very familiar with court procedures.  He … Continue reading Pro Se Defendants and Impatient Judges

Stopped Too Long at a Stop Sign? You Might Just Get Pulled Over.

Written by Gregory Monte. Have you ever heard of the community caretaking doctrine? It is an exception to the 4th Amendment protection on unlawful searches and seizures.  From what I can tell, it was first identified in the 1973 US Supreme Court Case Cady v. Dombrowski, 413 US 433: “Local police officers, unlike federal officers, frequently … Continue reading Stopped Too Long at a Stop Sign? You Might Just Get Pulled Over.

The Motor Vehicle Statute That Trumps Them All.

Written by Gregory Monte. If you want to learn about an interesting way to beat a speeding ticket – even if you actually were speeding – keep reading.  This particular strategy will almost always work, but it does depend on one aspect of the circumstances surrounding your ticket.  For the strategy to be effective, there must … Continue reading The Motor Vehicle Statute That Trumps Them All.

When Does the Length of a Traffic Stop Become Excessive?

Written by Gregory Monte. Don’t Ever Do This Would you voluntarily agree to sit in a police officer’s car if he stopped you for speeding? If this sounds like a crazy question, you may not be familiar with the procedure of the Utah Highway Patrol.  In State v. Miller, 2019 UT App 18 - Utah: Court … Continue reading When Does the Length of a Traffic Stop Become Excessive?

When Does the Length of a Traffic Stop Become Excessive?

Written by Gregory Monte. Don’t Ever Do This Would you voluntarily agree to sit in a police officer’s car if he stopped you for speeding? If this sounds like a crazy question, you may not be familiar with the procedure of the Utah Highway Patrol.  In State v. Miller, 2019 UT App 18 - Utah: Court … Continue reading When Does the Length of a Traffic Stop Become Excessive?

Can a Cop Pull You Over for Cursing?

Written by Gregory Monte. I was inspired to write about this topic because of an interesting 2019 court decision from North Carolina.  As you will read further along in this post, a woman was pulled over after a police officer heard someone in her car yell “mother-fucker.”  When I started researching the case a bit more … Continue reading Can a Cop Pull You Over for Cursing?

A Ticket for Drinking (Coffee) and Driving?

Written by Gregory Monte. “Distracted” Driving When most people think of distracted driving laws, they have in mind the prohibition on the use of a cell phone while driving. For example, New Jersey has a law very similar to other states regarding these devices: Title 39 Section 39:4-97.3 - “The use of a wireless telephone or … Continue reading A Ticket for Drinking (Coffee) and Driving?

How NOT to Pass on the Right …

Written by Gregory Monte. Last week I posted two articles about the legality of passing a car using the shoulder of the road: A Ticket for Using the Shoulder to Turn Right? Not in TX (and possibly PA) Using the Shoulder to Pass a Car Turning Left. Is it Legal? When I came across the video shown below, … Continue reading How NOT to Pass on the Right …