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View Full Version : I got pulled over yesterday because my suspension is modified


ScaldedDog
07-17-2006, 08:12 PM
**I posted this on CO4x4 last night, but thought you guys would find it interesting, as well.**

I'm doing the speed limit on 285 approaching Bailey from the west, and I see a state cop wheel around behind me. He (Officer C.J. Donahue, emp #1892) tells me that he pulled me over because "it's illegal to modify a vehicle's suspension in the state of Colorado." I mentioned that it was, but that that section of the code was declared unconstitutional in the 70's, he said I was wrong. More than that, he said I need to trailer my 4Runner. We had a nice conversation and he didn't give me a ticket, but he did basically tell me I'm a menace in his opinion and that he pulls vehicles like mine over all the time. He did make a comment that if I had enough money to have a rig like this, then I had enough money to trailer it. What's my income, or lack of it, got to do with anything?

He brought his big thick law book up and sure enough, showed me section 42-4-233 that was struck down in 1973. He didn't leave it in front of me long enough to see whether his copy showed the annotation that LexisNexis does. (http://198.187.128.12/colorado/lpext...s-main.htm&2.0)

So what do I need to do/carry so I can drive my perfectly legal vehicle up and down 285, which I need to do a lot?

nuclearlemon
07-17-2006, 09:59 PM
some cops are just dead set on being dicks. chances are you won't convince him otherwise.

i had an argument with an officer when i was in illinois. i was driving with my w/s down and had motorcycle glasses on. he tried to bust me for no w/s. i pointed out i had one and that the it was in working order and i had eye protection... the law didn't say any more than that was required. he also didn't give me a ticket (if he could prove it was illegal, he would've...i think it's a tactic). i thought of complaining to his supervisor, but i spent a lot of time in that area.

Rzeppa
07-18-2006, 12:42 AM
some cops are just dead set on being dicks. chances are you won't convince him otherwise.Well put. I'd rather be in a lifted, capable 4x4 than a low rider monte carlo, as far as being pulled over, if you know what I mean.

Red_Chili
07-18-2006, 11:55 AM
**I posted this on CO4x4 last night, but thought you guys would find it interesting, as well.**
...
He brought his big thick law book up and sure enough, showed me section 42-4-233 that was struck down in 1973. He didn't leave it in front of me long enough to see whether his copy showed the annotation that LexisNexis does. (http://198.187.128.12/colorado/lpext...s-main.htm&2.0)

So what do I need to do/carry so I can drive my perfectly legal vehicle up and down 285, which I need to do a lot?
Your link does not resolve for me- could you repost it? Be sure to use the hyperlink icon in 'advanced'...

If the law was struck down...
As far as what you need to do, just ask him to please write the ticket, you would like to pursue it to clarify the issue and that you appreciate his service to the community. Be real careful with the tone of voice so it doesn't sound the least bit sarcastic.

He will walk away... I bet he beats his wife, too. The man has control issues. But if it is merely ignorance, you will do him the service of education- in court, in front of a judge and a DA, whom he will not like seeing again, if it even gets THAT far.

It's a more respectful way of using that time honored quote from Wyatt Earp, in the excellent movie Tombstone:
Throw DOWN, boy.

You might consider filing a complaint for intimidation... this ain't Sadaam's Iraq last I checked.

Beater
07-18-2006, 12:16 PM
bill,
I have told you time and time again, you need to put your "w", as well as your anti hillary stickers back on that truck, so you don't get mis-identified or wrongly profiled....

:bolt:

AxleIke
07-18-2006, 12:19 PM
Yes, well, i have an answer for you. You were near Bailey. I'm from there, and the cops are not the nicest, nor the most professional. You have to consider that the Park County Sherrif's Office is not attracting the officers who graduated at the top of their respective acadamy classes, but rather closer to the bottom.

Sorry that you had to go through that, my mom once got pulled over in my truck for going too slow up Crow Hill. The officer says "Ma'am, you cannot go 40 mph in a 50 zone"

Glad you didn't get a ticket.

Hulk
07-18-2006, 03:21 PM
The suspension statute is 42-4-233, but was it actually repealed by the state Assembly? I do see that it was ruled unconstitutional in 1973 because it was not specific enough, but it says the law was amended in 1975.

Dave,
Where are you accessing all of these statutes? Just curious.
Matt

bh4rnnr
07-18-2006, 08:44 PM
Well put. I'd rather be in a lifted, capable 4x4 than a low rider monte carlo, as far as being pulled over, if you know what I mean.

I dont, please explain.

Rzeppa
07-18-2006, 08:48 PM
I dont, please explain.A low rider Monte Carlo might be more likely seen "cruising" Federal Blvd and flaunting many other laws than a lifted, capable 4x4. As such, the occupants may be given more of a runaround by law enforcement authorities, based on vehicle profiling.

Beater
07-18-2006, 10:37 PM
A low rider Monte Carlo might be more likely seen "cruising" Federal Blvd and flaunting many other laws than a lifted, capable 4x4. As such, the occupants may be given more of a runaround by law enforcement authorities, based on vehicle profiling.

dude, that's filled with so many connotations and stereotypes, even I will leave it alone.

j

ScaldedDog
07-18-2006, 10:41 PM
Dave,
Where are you accessing all of these statutes? Just curious.
Matt

The site isn't very friendly, but you can find them at http://198.187.128.12/colorado/lpext.dll?f=templates&fn=fs-main.htm&2.0

Navigate by clicking the little folder icons. To get to 42-4-233, for example, Click the folder next to

Colorado Statutes, then Title 42, then Regulation of vehicles and traffic, then Article 4..., then Part 2 - equipment, and finally click on the text of 42-4-233.

Mark

AxleIke
07-18-2006, 10:42 PM
Aww, leave him alone...what he says is true, it happens, law enforcement call it racial profiling, and it has seen a lot of hot debates in political circles.

I'd rather be in a lifted capable 4x4 than a low rider monte carlo because low rider monte carlos look idiotic in my opinion. I've never been a fan of low rider anything for that matter.

Rzeppa
07-18-2006, 11:00 PM
dude, that's filled with so many connotations and stereotypes, even I will leave it alone.

jYup, that's the world we live in.

Red_Chili
07-19-2006, 08:22 AM
Seems awfully darn clear to me from Lexis-Nexis. Complete with annotation from case law. Prohibited except in accordance with specifications which do not exist, and ruled unconstitutional due to being overbroad prior to the addition of "except in accordance with specifications".

Kind of a double-bind, wouldn't you say? Without the specifications it falls back into what was unconstitutional. Funny how these politicos set things up so they can take credit for improving public safety, while making such 'improvements' which are nothing of the kind, unenforceable.

I'd say, let him write you up. Worst case it would be a brief trip to the courthouse, but then, I am just a layman.

I printed up a copy to carry with me just in case...

Turtle60
07-19-2006, 09:37 AM
To make room for these

http://rides-mag.com/DONK/premier/infinity.html

What fun there will be pulling these LIFTED monte carlos over.

Red_Chili
07-19-2006, 01:39 PM
Well now, THAT should distract ol' Johnny Law from hassling US....