Speed Trap Town Must Pay Back Millions (Page 4): I think you meant to say that you can get up to a year, same in NY, but it is rarely given. Probation is the most common sentence.

nimbushopper Loc: Tampa, FL

Wenonah wrote:

In Minnesota you can't get up to a year in jail for a misdemeanor. Each state decides it's own punishments.

I think you meant to say that you can get up to a year, same in NY, but it is rarely given. Probation is the most common sentence.

Wenonah Loc: Winona, MN

nimbushopper wrote:

I think you meant to say that you can get up to a year, same in NY, but it is rarely given. Probation is the most common sentence.

No, I meant to say you "can't" get up to a year for a Misdemeanor.

It was in response to "jkoar" who said, " A misdemeanor can have up to a year in jail as a penalty by definition."

To which I responded, "What you claim about the penalties isn't the same in all states."

Then he said, "A state cannot change the definition of property and misdemeanor."

marine73 Loc: Modesto California

The last time i was pulled over it was for 80 in a 70 mph area of the hiway. I had just passed a car that was doing 55 to 60 and to safely pass and pull back in front of the car my speed had to be 80 mph. The officer ran my plate and when he came back he said Mr. Beach you have a clean record, do you want a ticket or a lecture. I took the lecture and for the next 10 minutes he lectured me on the number of fatal accidents he had seen on that particular stretch of hiway. I just sat there and agreed with what he had to say. In 29 years of driving that stretch of road I have seen the Highway patrol there 4 times doing traffic enforcement. It has now been 5 months since he pulled me over and you can bet that before i get to the location he pulled me over at i am doing between 65 and 70. if i don't see an officer i bring my speed back up to keep from impeding the flow of traffic. Since I drive to the bay area (San Francisco Ca) a minium of 4 days a week from Modesto Ca I have a good idea of where the High way patrol hangs out. They are especially bad around the holidays.

nimbushopper Loc: Tampa, FL

Wenonah wrote:

No, I meant to say you "can't" get up to a year for a Misdemeanor.

It was in response to "jkoar" who said, " A misdemeanor can have up to a year in jail as a penalty by definition."

To which I responded, "What you claim about the penalties isn't the same in all states."

Then he said, "A state cannot change the definition of property and misdemeanor."

So what is the maximum sentence one can get in MN for a misdemeanor offense?

nimbushopper Loc: Tampa, FL

marine73 wrote:

The last time i was pulled over it was for 80 in a... (show quote)

There is no doubt that it is done as a money maker, but it doesnt mean that the money goes to the police as someone suggested here. I was a law enforcement officer for 31 years and always tried to avoid speed trap assignments as I never felt I was protecting and serving, but one doesnt get to choose his assignments.

Wenonah Loc: Winona, MN

nimbushopper wrote:

So what is the maximum sentence one can get in MN for a misdemeanor offense?

Not more than 90 days in jail or not more than a $1000. Fine, or both.

Wenonah Loc: Winona, MN

nimbushopper wrote:

There is no doubt that it is done as a money maker, but it doesnt mean that the money goes to the police as someone suggested here. I was a law enforcement officer for 31 years and always tried to avoid speed trap assignments as I never felt I was protecting and serving, but one doesnt get to choose his assignments.

I don't get how it is a speed trap if it is well marked.

nimbushopper Loc: Tampa, FL

Wenonah wrote:

I don't get how it is a speed trap if it is well marked.

Good point! In those FL towns mentioned they were in fact well marked with signs.

jkoar Loc: The Gunks, NY

Wenonah wrote:

In Minnesota you can't get up to a year in jail for a misdemeanor. Each state decides it's own punishments.

A gross misdemeanor is another step up in Minnesota levels of offense. A person convicted of a gross misdemeanor can be sentenced up to 1 year in jail and/or a $3,000 fine. Gross misdemeanor offenses are usually second- or third-time DWIs and prostitution offenses.

A petty misdemanor is a lesser legal violation. In Minnesota a petty misdemeanor is a violation in which the sentence may not exceed a fine of $300. In Minnesota a petty misdemeanor does not constitute a crime. No jail or workhouse time can be imposed as punishment for a petty misdemeanor.

I cited the Blacks Law dictionary definition for Misdemeanor. Above is from the web. There are "terms of art" that are used in certain statutes where they will define a word for a specific meaning in that statute only. In general, Blacks Law is the accepted reference. In order to have common ground in defining laws states use this in their code. If words had different meanings in different states then no one could understand and there would be a failure to communicate. Above, Minnesota modified the word misdemeanor with gross and petty. This does not change the meaning of the root word misdemeanor.

My point with all this is that I think that the judge made the right decision with the speed camera not being a human witness. Thank you for putting up with my verbose explanations.

Wenonah Loc: Winona, MN

jkoar wrote:

A gross misdemeanor is another step up in Minnesot... (show quote)

I know what they have. I said they can't go to jail for a misdemeanor, and they can't.

Tom G Loc: Atlanta, GA

Wenonah wrote:

Why does a department that has been shut down need a police chief?

I do not think the Lawtey police department has been "shut down". I see Lawtey police cars almost every time I pass through.

However, Waldo's police department has been terminated (about 2 years ago?), and the Alachua County Sheriff has jurisdiction now. Reason? Not sure, but rumor has it that some sort of corruption occurred.