08/26/2007

News / Twin Tiers Perspective: Common police myths and misconceptions

Myth # 1 - It is illegal to drive barefoot. Though shoes might offer some degree of protection if involved in an accident, this common myth is debunked. It is completely legal to drive barefoot in Pennsylvania.
Myth # 2 - Hitch hiking is legal. Standing on the side of the road with your thumb out has always been illegal in Pennsylvania and could cost you a traffic citation.
Myth # 3 - The police must wear their campaign hat to write you a ticket. It is true that officers should be wearing their hats, however failure to do so will not invalidate any ticket given to you.
Myth # 4 - The police are required to keep their parking lights on when operating radar or enforcing laws. This is not true. Keeping well hidden, while looking for violators, is an art and a well established practice that all police learn.
Myth # 5 - The officer must show you the radar gun if asked. There is no requirement or law which mandates the officer showing you the radar gun. Under most situations, the officer doesn't want you to exit your vehicle for safety concerns. The officer will testify in court as to your speed and must present evidence that the radar was properly calibrated and certified for accuracy every 60 days by a qualified laboratory.
Myth # 6 - Errors will invalidate a traffic ticket. Most officers will catch and amend errors on a ticket prior to any court proceeding. Only prejudicial errors carry any weight in court. A simple error is not as problematic as the actual violation of the law.
Myth # 7 - Red cars are targeted more. Perhaps in some people's minds, red cars are sporty and stand out more in traffic. In the eyes of law enforcement, red cars are no more at risk than any other cars.
Myth # 8 - Every traffic ticket results in points on my driving record. Luckily, this is incorrect. Only tickets issued for moving violations will result in points assessed on one's driving record. The full list of violations resulting in points can be found in the PA. Vehicle Code, (known as Title 75), Section 1535.
Myth # 9 - You cannot get into trouble for driving too slow. Not only is this incorrect, but a ticket for inhibiting traffic will cost over $100.00. A slow driver can avoid this problem by pulling over on occasion and allowing the congested traffic to simply pass by.
Myth # 10 - Crossing the border into N.Y. State will prevent the police from stopping me. The truth is that police are allowed to enter N.Y. to effect an arrest or to issue a ticket. This is referred to as the Hot Pursuit Policy and allows the officer the same authority to arrest and hold in custody the person in another state for a violation that occurred in PA.
Myth # 11 - I can be stopped if I fail to wear a seatbelt. This is partially correct. Seatbelt enforcement is a secondary violation. Meaning, police can stop someone for failure to use their seatbelt as long as another violation is observed by the officer. Police commonly hold seatbelt checkpoints where there is an emphasis on both usage and enforcement.
Myth # 12 - The police have a quota for writing traffic tickets each month. Not only is this false, but it is unethical and in violation of many codes of conduct.
Myth # 13 - Placing aluminum strips in my hubcaps will fool the police radar. The theory is that placing thin strips of aluminum foil hidden behind a hubcap will cause erroneous errors displayed on the police radar. Police radar is designed to send out a signal, which reflects off metallic objects such as an automobile and returns the signal back to the radar gun. The type in use by Police is a very weak form of radar. Police radar will not penetrate a tree heavily covered with leaves, not to mention an aluminum hubcap.
Myth # 14 - I just moved here from another state and I suspect all laws will be the same. Laws differ greatly from state to state. What may be legal in one state could be illegal in another state. Common laws that vary include requirements for child restraints, vehicle modifications, and the usage of seatbelts, headlights, radar detectors and cell phones while driving. Proactive research can be done by contacting a police department, inspection station or reliable websites such as those offered by the PA. Dept. of Motor Vehicles. A link to the complete PA. Vehicle Code containing all traffic laws can be found on the PA. State Police website; www.psp.state.pa.us under Frequently Asked Questions.
Myth # 15 - What if I was going the same speed as everyone else. Unfortunately, going with the flow of traffic can still get you in trouble. The officer may not be able to stop all violators at the same time and discretion can be used as to which vehicles to stop.
Myth # 16 - The officer must always read you your rights. These rights, known as Miranda warnings, are only required when a person is 1) in custody and 2) interrogated. Absent both of these requirements, the police do not have to read you your rights to speak with you.
Myth # 17 - Holding a penny under your tongue will fool a breathalyzer. There are several versions of this theory, but let me say that the breathalyzer measures blood alcohol content from the alveolar lung air you exhale. It has nothing to do with the copper content of your breath from a hidden penny. Also, tricks such as breath mints, mouthwash, onions, etc. only change the smell of your breath, not the alcohol content.
Myth # 18 - I can replace my suspended license with an International Drivers License. The only recognized international license through the Geneva Convention is called an International Drivers Permit. This allows visitors of other countries reciprocity with their foreign driver's license. It doesn't replace a suspended license. If an International Permit is produced to the police, a "valid" foreign license must also be displayed to be legal. Some countries require this permit for no other reason then to translate license information into a usable language.
Myth # 19 - Police could be spending better time arresting criminals then writing tickets. Fact; it was a license plate violation that resulted in the apprehension and subsequent conviction of anti-government extremist, Timothy McVeigh, from the 1995 bombing of the Murrah Federal Building in Oklahoma City killing 168 people.
Myth # 20 - Speeding in a rental car won't affect my driving record. The Operators License Number (OLN) assigned by Penn Dot is an 8 digit number located on the front of every license or identity card issued by Penn Dot. This OLN is also transcribed onto any ticket the officer gives you. It is this OLN that Penn Dot uses to apply the violation on one's driving record, regardless of which vehicle you were operating.
Myth # 21 - My radar detector will prevent me from getting a ticket. The type of radar commonly used by police has a trigger which allows the officer to control the radar output. When this occurs, the radar beam is transmitted and returned to the radar unit in a millisecond. Your radar detector may alert you that you've been clocked, but chances are the officer has already recorded your speed before you have time to react.
Myth # 22 - I can continue using my out of state driver's license after I move into PA. The difference between a visit to PA and permanent residency is 60 days. Anything over this time invalidates your out of state license and mandates you obtain a PA driver's license.
Myth # 23 - Getting a ticket in another state won't affect my driving record. Currently, there are 46 states who are members of the Driver's License Compact. This is an agreement between states to share information on violations committed in their state. This is often seen when someone gets a D.U.I. out of state, only to discover their PA driver's license also resulted in a D.U.I. related suspension. The good news; minor offenses reported to Penn Dot will not appear on your driving record unless you hold a CDL license, nor will points be assessed for out of state offenses.
Myth # 24 - My friend had an accident using my car, so his insurance will pay for it. The general rule is if the owner of the vehicle gives the friend permission to use the vehicle, his own vehicle policy will be the one that pays. To avoid this, the friend must be listed in the policy as an exclusion. If the friend has an injury, the coverage that pays medical and lost wages will usually go to the friend's policy. The friend's policy can pay under what is referred to as secondary coverage. This occurs when the friend's policy is over and above the policy of the vehicle used. In this case, it may be the friend's policy making up the difference in deductibles and paying when the owner's coverage is used up.
Myth # 25 - Everyone has the right to drive. Unfortunately, just the complete opposite is true. Holding a PA drivers license is considered a privilege. Those that drive irresponsibly abuse this privilege and can have their license recalled by Penn Dot.

Cpl. McConnell is stationed at the Pennsylvania State Police's Troop P barracks at Towanda.
By: Cpl. Patrick McConnell
http://www.thedailyreview.com/site/news.cfm?BRD=2276&dept_id=465724&newsid=18750226&PAG=461&rfi=9

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