Loitering

[t56speed]

Loitering.. got a loitering ticket for sitting on the side of the highway. there were about 10 cars in total an every one with a car got illegally parked which isnt what im complaining about. i just need to understand what loitering is considered.. NO one was racing it was a cruise night an we decided to pull off the road in the middle of bfe to chill out. soon after cops came an said that we had been racing i repeat no one was racing... they couldnt get us for racing since they didnt witness it but they did for loitering. is it loitering sitting on the side of highway???:nonono:

 

[N2DAMYSTIC]

op:

 

[NJ 03Mach1]

NO one was racing....i repeat no one was racing..

they couldnt get us for racing since they didnt witness it

:dw:

So which is it, no one was racing or they didn't witness you do it therefore "NO one was racing"? oke:

 

[Njc0las]

This guy gets a huge break and still wants to snake his way out of it. :nonono:

 

[xtremeskime21]

i would bet a state trooper could give you a ticket for loitering on the side of a highway since you didn't have an emergency.

 

[4valvemach]

So 10 cars Im sure performance in nature on a highway in the the middle of nowhere JUST hanging out NOT racing.


LOL!!!

 

[ZYBORG]

*removed by moderator - you have been warned before, now you may feel free to stop posting in this forum*

 

[SNCBOOM]

Chilling out on the side of a highway seems like loitering to me.

 

[silver03svt]

You were definately loitering. Racing or even not witnessing racing, loitering is loitering.

 

[svtcop]

OP, sounds like loitering to me. Obviously your post slightly contradicts itself, be straight, you might get a little more help that way. Seems like the Officers were trying to deter future similar activity by proactive enforcement. A street racing violation is a little more consequential than a loitering ticket. Consider this a lucky break?

Op you got to rember that bacon sticks together when cooked. I dont think you will get any recipes here...

You will never understand what it is like to be a part of something larger than you. Care to provide the OP with USEFUL information?

 

[01cobravortech]

Does sound like loitering and its really not smart to just hang out on the side of the road like that. A car comes careening off the road and some of you guys can be toast. Find a safer place to chill like a rest stop. People get killed and clipped by cars all the time just changing a tire on the side of the road.

 

[svtcop]

*removed by moderator*

No need to ELABORATE. Those who know will understand, I could give a shit less for those who don't.

The others gave their honest input as well, but you refer to theirs as mere comments. Maybe the svtp staff should create a ZYBORG section, where all can come for your "honest input" instead of our mere comments.

 

[ZYBORG]

No need to ELABORATE. Those who know will understand, I could give a shit less for those who don't.

The others gave their honest input as well, but you refer to theirs as mere comments. Maybe the svtp staff should create a ZYBORG section, where all can come for your "honest input" instead of our mere comments.

First, its obvious that you do "give a shit" if not you would have not cared to reply.

Second, its so ironic that you assumed what you did while at the same time getting your feathers all ruffled because i referred to all the previous comments as, wait, comments! :idea:

Is this the same logic you use while making a line of duty determination? I sure hope not...

I got a grin on my face as i type this because more wrong you could not be.

But let me tell you about a little difference that i have noticed between us...

Although we both are or have been part of something "greater than ourselves", i dont flash it around on my screen name for all to see in a feable attempt to get attention.

And lastly, although a section of my own does sound like a great idea, i couldnt quite possibly keep up with the demand...

 

[svtcop]

No really, not giving a shit.

You are not capable of "ruffling my feathers" for the very same reason.

I gave the OP sound advice, which in retrospect dispels your "honest input".

 

[t56speed]

What i meant is that the officer told us he couldnt give us a street racing ticket bc he didnt witness it. next time ill be more straight.... my bad guys. we werent racing we were cruising an we all decided to stop. well there were 10 of us an there was a sholder big enough to get off the road by more than 10 feet... two or three cars drove through an i imagine they called the police assuming we were going to race... an it was a state trooper. i just want to know what is classified as loitering.

 

[FordSVTFan]

Loitering.. got a loitering ticket for sitting on the side of the highway. there were about 10 cars in total an every one with a car got illegally parked which isnt what im complaining about. i just need to understand what loitering is considered.. NO one was racing it was a cruise night an we decided to pull off the road in the middle of bfe to chill out. soon after cops came an said that we had been racing i repeat no one was racing... they couldnt get us for racing since they didnt witness it but they did for loitering. is it loitering sitting on the side of highway???:nonono:

Here is the Arkansas loitering statute. It is quite broad. I am surprised because Florida's is so limited.

(a)A person commits the offense of loitering if he or she:

(1)Lingers, remains, or prowls in a public place or the premises of another without apparent reason and under circumstances that warrant alarm or concern for the safety of persons or property in the vicinity and, upon inquiry by a law enforcement officer, refuses to identify himself or herself and give a reasonably credible account of his or her presence and purpose;

(2)Lingers, remains, or prowls in or near a school building, not having any reason or relationship involving custody of or responsibility for a student and not having written permission from anyone authorized to grant permission;

(3)Lingers or remains in a public place or on the premises of another for the purpose of begging;

(4)Lingers or remains in a public place for the purpose of unlawful gambling;

(5)Lingers or remains in a public place for the purpose of engaging or soliciting another person to engage in prostitution or deviate sexual activity;

(6)Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or using a controlled substance;

(7)Lingers or remains in a public place for the purpose of unlawfully buying, distributing, or consuming an alcoholic beverage;

(8)Lingers or remains on or about the premises of another for the purpose of spying upon or invading the privacy of another; or

(9)Lingers or remains on or about the premises of any off-site customer-bank communication terminal without any legitimate purpose.

(b)Among the circumstances that may be considered in determining whether a person is loitering are that the person:

(1)Takes flight upon the appearance of a law enforcement officer;

(2)Refuses to identify himself or herself; or

(3)Manifestly endeavors to conceal himself or herself or any object.

(c)Unless flight by the actor or another circumstance makes it impracticable, prior to an arrest for an offense under subdivision (a)(1) of this section a law enforcement officer shall afford the actor an opportunity to dispel any alarm that would otherwise be warranted by requesting the actor to identify himself or herself and explain his or her presence and conduct.

(d)It is a defense to a prosecution under subdivision (a)(1) of this section if:

(1)The law enforcement officer did not afford the defendant an opportunity to identify himself or herself and explain his or presence and conduct; or

(2)It appears at trial that an explanation given by the defendant to the law enforcement officer was true and, if believed by the law enforcement officer at that time, would have dispelled the alarm.

(e)Loitering is a Class C misdemeanor.

The biggest problem you have is that you were arrested for loitering and now face criminal charges. You need to hire an attorney.

 

[t56speed]

The problem is that we werent arrested no one was arrested we were all just given citations

 

[FordSVTFan]

The problem is that we werent arrested no one was arrested we were all just given citations

Sorry to burst your bubble. You were arrested. It was just a non-custodial arrest, meaning you weren't taken into custody, however it has the same effect. You were given NTA/DAT (notice to appear, desk appearance ticket, etc) which mandates you appear before a judge at the time of arraignment.

But make no mistake that ticket is your arrest. This is a criminal charge and you need an attorney.

I can tell you as a prosecutor that from what you described your actions fulfill the elements of loitering your state, even though they would not in my state.

 

[Silver2003Cobra]

So 10 cars Im sure performance in nature on a highway in the the middle of nowhere JUST hanging out NOT racing.


LOL!!!

ummm yeah.. havn't you ever gone on a drive with a group of other performance cars (I've done it with Mustang groups and S2000 groups) where no, we weren't racing and had parked along side the highway just to BS for awhile (and get photos)..

and while I'm not a lawyer, I'd think that a decent one would shred that loitering argument (#1) by arguing something along the lines of peaceable assembly, and that being a guarantee under the 1st amendment of the United States Constitution.. yes, if you were caught racing, I could see it being unlawful assembly, but you weren't.. you were just arrested for loitering..

 

[t56speed]

lol.... i could care less im paying the fine an yes its a criminal offence... the officer told me to just plead guilty an ask for probabtion which is what im gonna do lol. i was wondering if it would be possible to even get out of it with a attorney? would i be wasting my time or should i just plead guilty?