A Great Day ....

[palani]

starts with a good breakfast.

I had to travel in to court this morning to watch a guy get sentenced for being driving while barred. Complete charade.

To handle it I got into town early, stopped at the riverboat and had a good breakfast. The cost was $2.13, all you could eat buffet, eggs, sausage, bacon, biscuit and gravy, waffles and juice (I passed on the oatmeal and grits).

Much easier to handle the play in court.

The bailiff called "all rise" and 3/4 remained in their seat, not wanting to rise into public.

[palani]

The river was up in the quad cities but then 14 inches of rain fell in Dubuque last night so tomorrow it should hit .... Davenport is the end of Ragbrai (bike ride across Iowa) tomorrow as well so this area doesn't need mad bombers for a disaster ... this one can be foreseen.

The bike riders like to dip their tires in the Mississippi .... they might have to do that 100 yards back from the river this time.

[ximmy]

Can a person be charged "contempt of court" for not rising? Are the 3/4 sending a message? What is "not to rise into public?"

[palani]

Can a person be charged "contempt of court" for not rising? Are the 3/4 sending a message? What is "not to rise into public?"

Bailiffs like to get threatening but it is really only a contract offer.

Two circumstances ... one where the bailiff sings out "all rise" and the judicial actor comes in... if you choose to rise you do so into a public forum (accept the contract offer). Otherwise if you remain seated you turn down the offer and stay in private. They do keep track of those who are in public and who are in private.

The other circumstance ... bailiff sings out "those of you seated remain seated those standing take a seat" and the judicial actor enters. Under this situation you are in the judges chambers ... everyone is in private.

[po boy]

What was the sentence for the guy in the op?

[palani]

What was the sentence for the guy in the op?

Two years concurrent with other things they had him on ... he might get out on appeal yet though. Fine got reduced and his bail got returned.

They also stole his backhoe.

[Buddha]

Were you on the jury? Did you vote him guilty?

[osoab]

They also stole his backhoe.


The judge's brother's construction company must need a new one.

[palani]

Were you on the jury? Did you vote him guilty?

Absolutely not. 9-10 people who knew of him and his case showed up to support him. A state senator was there as well.

[ximmy]

Were you on the jury? Did you vote him guilty?

Did you exercise jury nullification?

[palani]

Isn't it amazing that someone can be sentenced to several years in prison without even being indicted by the grand jury?

[po boy]

State prison? not surprising as 3rd degree felonies can carry 5 years.

[midnight rambler]

"driving while barred"...does that mean something like 'driving' with an invalid or suspended license? Or does it mean 'driving' when one has a member of the BAR on retainer?

Was this fellow operating a business on public property (e.g. transporting goods or passengers for hire)?

[po boy]

I think he was saying the road was closed to all.

[Dogman]

"driving while barred"...does that mean something like 'driving' with an invalid or suspended license? Or does it mean 'driving' when one has a member of the BAR on retainer?

Was this fellow operating a business on public property (e.g. transporting goods or passengers for hire)?

The dude screwed up so many times he was barred from driving or even getting a license, until his barred time was up.

Iowa's Driver Improvement Program (DIP)



Suspension of driving privileges

Your driving privileges may be suspended for:

Habitual violator: If you have been convicted of, or pled guilty to, three or more countable moving violations (including out-of-state violations) that were committed within a 12-month period.
Serious violation: If you are convicted of, or pled guilty to, speeding 25 miles or more over the legal speed limit.
Countable moving violations: Includes all moving violations except the first two speed convictions within a 12-month period which occur in speed zones between 34 mph and 56 mph and you were convicted of speed 10 mph or less over the posted speed limit. A moving violation is defined to include all violations not specifically excluded by Iowa Code § 321.210. (Examples of excluded violations include parking violations, failure to appear, equipment violations, registration violations, or disturbing the peace with a motor vehicle).

Driver improvement school

When your record shows convictions of three countable moving violations that were committed within a 12-month period, or you have been convicted of a speeding violation of 25 mph to 29 mph over the limit, you may be required to complete a driver improvement school at your local community college. After you have successfully completed the program, you will be on probation for one year. If you are convicted of a moving violation while on probation, the Iowa DOT's Office of Driver Services will start action to suspend your license. Also, a suspension notice will be mailed to you if you fail to complete the driver improvement program.

For more information about driver improvement for drivers under age 17, see Iowa's Graduated Driver Licensing System, Remedial Driver Improvement (http://www.iowadot.gov/mvd/ods/gdl.htm#REMEDIALDRIVER%20IMPROVEMENT)

Driving while suspended

Driving while your license is suspended is a misdemeanor. A conviction may result in a $1,500 fine and up to one year in jail if you are convicted of a serious misdemeanor. The length of your suspension or revocation for some convictions may also be doubled if you are convicted of driving while your license is suspended. A work permit cannot be issued when you have been convicted of driving while your license was suspended. You could also be barred from driving (under the provisions of Iowa Code § 321.555) if you are convicted for driving while under suspension (Iowa Code § 321.218 and 321A.32 [1]).

Habitual offender

You will be barred for two to six years (Iowa Code Section 321.555 Paragraph 1) if you receive three or more of any combination of the following convictions in a six-year period:

manslaughter with a motor vehicle;
conviction of operating while under the influence of alcohol or drugs (Iowa Code Chapter 321J);
conviction for driving while your license is suspended, revoked or barred; eluding or attempting to elude pursuing law enforcement vehicles; or serious injury by vehicle;
failure to stop and leave information or render aid at the scene of an accident in which you were involved as required by Iowa Code 321.263

Conviction of six moving violations committed within a two-year period may cause you to be barred for one year from the date of judgment (Iowa Code Section 321.555 Paragraph 2). Speeding convictions will count here if they are for 15 miles per hour or more over the speed limit. Conviction for driving while barred under either Paragraph 1 or 2 of Section 321.555 listed above can result in a prison term.




There is more at link.


http://www.iowadot.gov/mvd/ods/dip.htm

[midnight rambler]

So I gather his problems stem from having a license in the first place, 'cause if he had never had a license, or allowed any previous license to simply expire, then that statute would never apply to him under any circumstances. If you contract with those bloodsuckers you can expect exactly this sort of treatment.

[palani]

Was this fellow operating a business on public property (e.g. transporting goods or passengers for hire)? He would drive his backhoe to get to his job. He was a contractor, moved houses, moved big industrial assemblies.

Where he got in trouble originally (I am told) was on a job close to downtown. He was given a sack to put over the meter where he parked but forgot to use it so accumulated some parking tickets. One time the meter lady was in the process of writing him a ticket and he (jokingly) sloshed a bucket of water toward her ... it got away from him and he got her wet. The muni did not view it as a joke or an accident.

[palani]

The dude screwed up so many times he was barred from driving or even getting a license, until his barred time was up.

A local farmer was found sleeping one off close to the railroad tracks a couple of years ago. Lost his license over it. So he took to running the lawn mower downtown until justice demanded that he not even have the privilege to drive a lawn mower on the street. Probably could not even steer a horse.

[Dogman]

A local farmer was found sleeping one off close to the railroad tracks a couple of years ago. Lost his license over it. So he took to running the lawn mower downtown until justice demanded that he not even have the privilege to drive a lawn mower on the street. Probably could not even steer a horse. Sounds like they had a hard on for him, and would bar him from riding even a burro
much less a horse.

[palani]

Sounds like they had a hard on for him, and would bar him from riding even a burro
much less a horse.

Not just him .. they would do the same to anyone in similar circumstances

[gunDriller]

To handle it I got into town early, stopped at the riverboat and had a good breakfast. The cost was $2.13, all you could eat buffet, eggs, sausage, bacon, biscuit and gravy, waffles and juice (I passed on the oatmeal and grits).

did you put salt on the eggs ?

[palani]

did you put salt on the eggs ?

sure ... on the b&g too

this is the riverboat

http://davenport.isleofcapricasinos.com/index.aspx

[7th trump]

I drive by that river boat every single day twice going over the Mississippi into Illinois and back to Iowa.
Palani are you going to be in town for the Bix?

[palani]

I drive by that river boat every single day twice going over the Mississippi into Illinois and back to Iowa.
Palani are you going to be in town for the Bix?

Absolutely not. Crazy days.

Their buffets are 2 for 1 specials and if you are alone it is half price. Their lunch buffet is under $5.

[7th trump]

Absolutely not. Crazy days.

Their buffets are 2 for 1 specials and if you are alone it is half price. Their lunch buffet is under $5.
I only go for the food and people watch as I get the hell out of there as fast as I came in.
Let me know when you are in town next time.

[palani]

I only go for the food and people watch as I get the hell out of there as fast as I came in.
Let me know when you are in town next time.

Will do.....