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Batavia Police announce results of May traffic enforcement efforts

By Howard B. Owens

Sixty-two drivers in Batavia received traffic citations in May as part of a joint Batavia PD and State Police effort to crack down on mobile phone use and seat belt violators.

The Batavia Police received a grant earlier to help fund increased enforcement of these laws as part of a statewide effort.

In May, checkpoints were set up on Law, Clinton and Oak streets.

The State Police cooperated in the last location, setting up its Commercial Vehicle Enforcement Unit. Nine tickets were issued to truck drivers at the checkpoint near the Thruway entrance.

The city will conduct future enforcement actions as part of the grant it received from the governor's Traffic Safety Committee.

CORRECTION: Lt. Henning informed me that I got my enforcement grants mixed up. The grant for this particular set of checkpoints was for police to look for vehicle violations. You drive through a check point and the police check your registration and inspection, etc.  There is another grant, also still active in the city, for seat belt and mobile phone violations.  The May results of that enforcement effort have not been released yet.

terry paine

Not counting the grant money or the officers overtime for court they just took another $9300.00 (in fines)out the the local economy for victimless crimes.

May 26, 2010, 1:00pm Permalink
John Roach

I was in line at one of the stops (Clinton Street). I had all the time in the world to buckle up or put away the cell phone since it was one car at a time being checked. If you're in line to be checked and still get caught, I don't feel sorry.

May 26, 2010, 1:34pm Permalink
terry paine

Tim there were over 42,000 new laws written last year. I hope you've read all of them.

People always defend laws just because some politician wrote them. If you were to tell people that vehicle inspection was unnecessary, they would think you were nuts, even though only 18 states require an annual inspection. There are states that don't require auto insurance, and states where it's legal to hold your cell phone while you talk on it, and a state that has no seat belt law. So far I've not seen any interstate commerce come to a halt because drivers fear for their very lives travelling in these less regulated states.

These laws were written by politicians that were voted in by the minority of the majority, if you examine voter statistics. These laws are sold to the sheeple for your safety, but in reality they are usurped ostensibly for safety, but are nothing more than revenue collection.

I think wearing a seat belt is a good Idea, I don't think I should have $180.00 stolen from me if I forgot it.

I just got a ticket $130.00 for a cracked windshield. Last I knew if it didn't impair the driver's vision, it was legal but after my wallet was lightened I found out I was wrong. So my intent wasn't to disregard the law, I simply wasn't aware of the change in the law.

May 26, 2010, 5:48pm Permalink
Howard B. Owens

I come back to the "Collapse of Complex Societies."

Each new law makes society more complex, harder to manage, meaning more laws need to be written to fix the unintended consequences of last year's new laws.

May 26, 2010, 6:29pm Permalink
Howard B. Owens

Here's an idea for the constitutional convention -- if you're a legislator wants to propose a law, the cost of introducing the law comes out of the legislator's pay.

Of course, I've already said being a legislator should be part-time, minimum wage jobs.

May 26, 2010, 6:31pm Permalink
Dave Olsen

That's a good idea, Howard. Or they could name the law after the person who introduced it, then they'd be sure to consider the collateral repercussions because it'll always be called the "John Doe Bill", or whatever the putz's name is.

May 26, 2010, 7:25pm Permalink
Howard B. Owens

Dave, you're giving the legislators too much credit. They would never to stop to consider that their own laws would be a bad idea.

May 26, 2010, 10:03pm Permalink
Jeff Allen

Tim Howe writes "or become law abiding citizens". Probably the best and most complete argument I've read yet to all the debate about "stupid laws", "unfair fines", and "government money grabs".
Thanks Tim

May 27, 2010, 7:54am Permalink
Dave Olsen

So, Jeff; if the state legislature passes this "stupid law" about police officers having to shoot to wound someone who is shooting at them; you'd be OK with prosecuting a cop who disobeys and kills the other guy? Because he wouldn't have abided by the law.

May 27, 2010, 8:35am Permalink
terry paine

So because your unaware of a law or a law change you should have money stolen from you. If its truly for safety wouldn't a warning be sufficient. I have in the past picked up cigarettes for people at the Rez, until last year I didn't know I was committing a felony and would have had my vehicle stolen from me. Since there's not a human alive that can read 42000 new laws a year lets make it easy,no victim no crime. Just because some person I don't know wrote some words on a piece of paper and called it a law doesn't make not stupid.
There's a law against talking on an elevator in NYS. Using your logic as a law abiding citizen either you've never done that or if you did you would happily pay the fine. There's also a law against adultery in NYS when I asked a police officer about that law (while he and I were playing an illegal poker game)he laughed and told me he'd have to arrest half the police force.
Since its impossible for any of us to read all the new laws written every year I'll just stick with the natural law of not harming anyone i.e. no victim no crime.

May 27, 2010, 8:49am Permalink
JoAnne Rock

Terry, I agree with most of what you said. There are a lot of stupid laws on the books that seem ridiculous to intelligent, law-abiding citizens. I, too, did not know it was against the law to purchase more than 2 cartons of cigs at the rez.

But, on the flipside, there are a lot of stupid people with bad judgement. I would not trust them to stick with the natural law of not harming anyone. What if they do...no law, means no crime was committed, whether there are victims or not. DWI seems to be a good case for not needing, or more importantly, not wanting, a victim in order for it to be considered a crime.

I purchased a baby stroller for my daughter a fews years ago and there was actually a warning on the box that said: Remove child from stroller before collapsing for storage. Anyone that needs to be told this, probably cannot comprehend the natural law of not harming anyone.

May 27, 2010, 10:06am Permalink
John Roach

The real point here is not "the law", but that they were caught at a check point.

If you don't have a current inspection or registration sticker, there's not much you can do. They got you.

But if you don't have your seat belt on or are using a cell phone, you have plenty of time while waiting your turn to buckle up or hang up. You have no excuse being caught.

May 27, 2010, 10:09am Permalink
terry paine

JoAnne - you got me on the driving while intoxicated. But if you're not able to keep up with the excessive laws or law changes, then no victim, no crime is a good rule and I'll just have to live with having money stolen from me for breaking the ones that don't make sense. As far as the stroller, anyone not smart enough to take their kid out of the stroller before they fold it up probably isn't smart enough to read the warning. We all know that warning isn't making kids safer, its just protecting the company from a frivolous lawsuit. Tort reform is a whole other issue tied to this argument.

Charlie: yours is a generic statist comeback. When I (or anyone) gets fined $130 dollars for a small crack in a windshield (and I truly thought I was legal) the only thing that happens is that a lawful business loses a $130.00 sale. But I do feel sorry for the people that get a $75.00 ticket for something harmless like a dirty license plate that might make a difference for them between whether they eat or not. A warning for victimless issues would be sufficient and effective. Let's leave the stealing to the criminals.

May 27, 2010, 7:14pm Permalink
Dave Olsen

John Roach wrote:"The real point here is not "the law", but that they were caught at a check point."
Actually, I resent that my tax dollars were spent to set up a check point for the sole stated purpose of catching someone with an invalid registration or inspection. Fining
you because you didn't pay up. That's called extortion. There's way too much self-perpetuation in this state, and we keep on voting in people who perpetuate. BTW, I'm with you on no excuse for getting caught, I follow laws because I don't like the alternative, but that doesn't mean I've got to like it or accept it.

May 27, 2010, 7:37pm Permalink
Charlie Mallow

Terry, when you get a ticket for a dirty licence plate or a cracked windshield, you need to ask yourself if that was indeed the real reason for the ticket.

I got a $110 ticket for a dirty licence plate having just left a car wash. My plate couldn't have been cleaner. The fact is I wasn't paying close enough attention to my speed. What I got was a break.

If you don't follow the rules or become distracted from what your doing, you will get a fine. There is only one person to blame, yourself....

May 27, 2010, 8:08pm Permalink
terry paine

The reason I got pulled over was for a cracked windshield. If it was for any other reason and he cut me a break I would have stated that.

But you can keep making excuses for their revenue collection techniques, as it is all a part of the statist system in which you seem to be strongly vested.

Last year I was pulled over on a Sunday evening on the way to get ice cream. I had no idea what I could have done wrong. After producing my registration and insurance card I politely asked what I was pulled over for and his reply was "I'll tell you when you need to know". Come to find out, somehow my front license plate was missing. Instead of being concerned about the possibility that it was stolen he handed me a $95.00 ticket without saying a word. I glad that no one was hurt because of the plate missing.

I know you think the law is the law but extracting money and removing it from the economy is hard for me to get behind. Remember that neither of these cases had a chance of causing anybody any harm .

The police chief in Detroit announced a couple of weeks ago that "We are going to ticket our way out of this budget crisis". What a genius plan.

May 27, 2010, 9:23pm Permalink
Frank Bartholomew

Hey Charlie, take a ride around Batavia, pay particular attention to all the for sale signs in front of many many homes. These are not all foreclusures, I think people are fed up with the taxes, the government, and the ticky tacky laws invented to create revenue so some elected official can waste it.

May 27, 2010, 10:32pm Permalink
Charlie Mallow

Terry, we are all vested in the system. When we drive we need to make sure for our own safety that all the other drivers are following the rules of the road.

We have no inherent right to drive on a public road. You are only licensed once you take a test and attest to the fact you will follow the rules.

It's been my experience that police don't pull people over for silly things like cracked windshields unless they believe you are doing something illegal or dangerous. If they do, it is usually to give you a warning. If during that warning you are rude to them, expect a fine.

May 27, 2010, 11:32pm Permalink
Chris Charvella

Charlie, don't waste your energy. The folks here don't typically believe in enforceable safety standards and tend to forget that driving on public roads is a privelege and not a right.

Instead, spend your time telling me about all the great things I can do with the iPhone I just purchased. I'm a Luddite no longer.

May 27, 2010, 11:50pm Permalink
terry paine

Chris, I not sure if you read the previous posts but at no time was anyone's safety at risk. My original post was about the impact that these revenue grabs can have on a local economy. I drive the speed limit, use my turn signals, and obey all the posted signs in the name of safety for myself and others. I think its illogical to fine people for something that's not a safety concern when they're just unable to keep up with new laws and laws changes. I realize some laws get a lot of press, e.g. the holding your cell phone law, but I never remember reading about a change in the windshield law. In Charlie's case, he was speeding and therefore endangering other peoples lives, and he should have been fined, if not worse. But many of the laws for which fines are imposed have no basis in protecting anyone's safety, and in those cases a warning would be more beneficial to the local economy.

As far as my right to drive - I believe I have a right to enjoy the benefit of any service I pay for. All the vehicle fees and charges I pay, as well as the gasoline tax I pay that is earmarked for road maintenance, gives me the right to drive on those roads.

Congrats on getting an IPhone. Thats my next major purchase, if I keep my nose clean. I could have used it to look up what a Luddite was.

May 28, 2010, 5:18pm Permalink
Charlie Mallow

Terry, how is driving while being distracted by a cell phone any less victimless than doing 45 in a 35? Or how distracting is a crack in your windshield? What if that crack caused a failure of the glass while you were driving? Why would you drive an unsafe vehicle and expect to not be fined?

All of those violations deserve a punishment. We all need to accept the rules of the road or give up the privilege of sharing the road with others. When you receive a fine you are no victim, you are the problem. We have all been guilty of a traffic violation at one time or another. It's better to learn from your mistake and try to do better next time. Beating up the police or the people who make those laws isn't the answer.

May 28, 2010, 6:31pm Permalink
Charlie Mallow

Chris, I would have held up till July before taking the iPhone plunge. Rumor has it they are releasing a new fourth generation phone at the end of June. Even if you didn't want the new one the prices on the old ones were supposed to drop at the same time.

I completely love my new Ipad!

May 28, 2010, 6:37pm Permalink
Chris Charvella

I'm waiting for the second generation iPad before I spend that kind of money on a toy. The iphone purchase was actually a side effect of my iPad shopping. after spending all that time looking at cool new technology that cost a little too much for me I just couldn't resist buying slightly less cool, older tech that I could afford.

May 28, 2010, 7:20pm Permalink
Charlie Mallow

Chris, looks like you made a sound decision. Those phones are worth every penny.

As for the Ipad, I haven't booted my computer up since I got mine. It's a complete desktop replacement for me. It feels uncomfortable surfing the web without being able to touch the screen for me at this point.

May 28, 2010, 8:34pm Permalink
Chris Charvella

I read a lot of reviews on the iPad, all of them were good, but for the most part, the agreed that it wasn't a 'must have.'

I want it mostly for the immediate access to just about every book ever written and I love the idea that you can take notes, save passages etc... but if I just wanted that, I would have picked up a Kindle last year. The web surfing looks great but I'd end up having to buy the 3G version and pay for the data since Wi-Fi even around my house tends to be unreliable. I had already intended to buy a smart phone and I wanted to be realistic about this so after looking at it objectively, I realized that I'd be paying $30/ month three separate times to access the internet and it just didn't seem like a reasonable thing to do. If I could give up playing hockey on the XBox and if they'd charge a single data rate if you have both an iPhone and an IPad I'd do it in a heartbeat.

May 29, 2010, 9:46am Permalink
Charlie Mallow

Well we are talking about toys so, none of these things are needed. I have switched my magazine subscriptions to digital. The Ipad is just a better way to read for me.

May 29, 2010, 2:15pm Permalink
Charlie Mallow

Although, the cost is about the same but, publishers are beginning to make the content interactive. A good example is the new digital Wired Magazine. Although, Wired isn't offering a subscription yet and the digital flavor is selling for $5 an issue. I subscribe to a few Auto, PC and Health magazines through Zinio and they were all between $7 and $10 a year. They are less interactive but, the cost is comparable to print subscriptions. If you interested, Zinio even as an Iphone version.

The good thing about books is that they are giving you an 80 page sample before you buy.

May 29, 2010, 3:10pm Permalink

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