Man responsible for the fappening sentenced to nine months

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Anubis

No Lifer
Aug 31, 2001
78,716
417
126
tbqhwy.com
The justice system is truly blind. I have a completely clean driving record. Quite literally a blank page. I hit a deer driving home a month ago, and called the police to come out and make a report. The officer realized my drivers license had expired on my birthday 3 weeks ago - so he arrested me. Luckily my wife was already on her way with a friend, because he called a towing company to come impound the car as well. Insurance was up to date, registration was up to date. I had merely forgetten to renew my license. What many folks don't realize in Michigan is that it's a CRIMINAL offense, not a traffic or civil infraction. That means you need to go get a lawyer immediately and you get arraigned and the whole spiel. It's a multi-year fine along with up to 6 months in jail. For a first offense.

Alabama? 90 day grace period, no problem.

Other states make it a civil penalty. Some don't have a penalty at all other than a late fee.

It's pretty fucked up, really. My wife got pretty upset with the judge at the arraignment. She asked if he thought he was serving the community by taking a engineer who volunteers his time 6 months out of the year and hasn't had a speeding ticket in 13 years off the street.

When you venture into a federal offense, they can essentially do what they want.

thats messed up

i drove my car for 9 months with an expired registration in NY - i was unemployed for a year back during the shit show that was 2008/9 and didn't drive much, never realized it expired and took it in for a random oil change and the dealer told me that it needed to be inspected/registered and it had expired 9 months ago

found out my licence expired when i was flying home from a business trip in 2011 at the airport when i showed security my ID to get on the plane, he didn't care, it expired 2-3 months prior
 

MrSquished

Lifer
Jan 14, 2013
21,860
20,181
136
probably like this


That's interesting thanks. But I'm still not sure how they did it. In that video the tow truck is completely perpendicular to the parked car. On the street I was on there are all cars parked on the opposite side as well. In between the parked cars is enough room for 1 car and a bike. Not enough room for a perpendicular tow truck. Maybe they finagled it somehow with ninja angles.
 

[DHT]Osiris

Lifer
Dec 15, 2015
14,577
12,689
146
That's interesting thanks. But I'm still not sure how they did it. In that video the tow truck is completely perpendicular to the parked car. On the street I was on there are all cars parked on the opposite side as well. In between the parked cars is enough room for 1 car and a bike. Not enough room for a perpendicular tow truck. Maybe they finagled it somehow with ninja angles.

 

Exterous

Super Moderator
Jun 20, 2006
20,429
3,533
126
Not to further derail this thread, but what you're saying about Eastern/Western doesn't really make sense.

It had to do with how the districts were handling Permissive Joinder of Parties and the $350 filing fee. While the courts are not bound by another district the Western Mich district was basically universally severing all but one defendant, so much so that filings of this nature had essentially ceased on that side of the state. In Eastern Mich they were currently being allowed pending developments further along in the litigation phase when my case was filed.

Edit: Going through https://dockets.justia.com for a given time frame I can find 32 cases like this filed in Eastern Michigan compared to 0 in Western Michigan and I haven't gone through all of them. I can only find a few Western Michigan cases at all and those are early on and stopped mid 2012 while the filings in Eastern Michigan continued. My PACER account is long expired but I'm willing to bet those two cases had defendants severed which caused them to abandon half the state to harass the other half for a few more years

Fortunately multiple motions to quash the lawsuit were filed and a particular judge in Eastern Michigan was catching on. While I was severed from the case it was not before I had expended money for legal representation. All because one side of the state realized the system was being abused while the other side let it continue
 
Last edited:

Jeeebus

Diamond Member
Aug 29, 2006
9,180
897
126
It had to do with how the districts were handling Permissive Joinder of Parties and the $350 filing fee. While the courts are not bound by another district the Western Mich district was basically universally severing all but one defendant, so much so that filings of this nature had essentially ceased on that side of the state. In Eastern Mich they were currently being allowed pending developments further along in the litigation phase when my case was filed.

Edit: Going through https://dockets.justia.com for a given time frame I can find 32 cases like this filed in Eastern Michigan compared to 0 in Western Michigan and I haven't gone through all of them. I can only find a few Western Michigan cases at all and those are early on and stopped mid 2012 while the filings in Eastern Michigan continued. My PACER account is long expired but I'm willing to bet those two cases had defendants severed which caused them to abandon half the state to harass the other half for a few more years

Fortunately multiple motions to quash the lawsuit were filed and a particular judge in Eastern Michigan was catching on. While I was severed from the case it was not before I had expended money for legal representation. All because one side of the state realized the system was being abused while the other side let it continue

sucks. sounds like a procedural nightmare. being a defendant in any case... especially federal court... is an expensive endeavor regardless of the merits of the lawsuit. none of my clients are particularly looking forward to the day they have to call me.
 

Gerle

Senior member
Aug 9, 2009
593
8
81
So..... what if you had been overseas in the military when it expired?
Since you rate to have your vehicle stored during overseas tours/deployments it wouldn't have been on the street. Let your state know it is not being driven while you are gone.
 

rh71

No Lifer
Aug 28, 2001
52,856
1,048
126
The justice system is truly blind. I have a completely clean driving record. Quite literally a blank page. I hit a deer driving home a month ago, and called the police to come out and make a report. The officer realized my drivers license had expired on my birthday 3 weeks ago - so he arrested me. Luckily my wife was already on her way with a friend, because he called a towing company to come impound the car as well. Insurance was up to date, registration was up to date. I had merely forgetten to renew my license. What many folks don't realize in Michigan is that it's a CRIMINAL offense, not a traffic or civil infraction. That means you need to go get a lawyer immediately and you get arraigned and the whole spiel. It's a multi-year fine along with up to 6 months in jail. For a first offense.

Alabama? 90 day grace period, no problem.

Other states make it a civil penalty. Some don't have a penalty at all other than a late fee.

It's pretty fucked up, really. My wife got pretty upset with the judge at the arraignment. She asked if he thought he was serving the community by taking a engineer who volunteers his time 6 months out of the year and hasn't had a speeding ticket in 13 years off the street.

When you venture into a federal offense, they can essentially do what they want.

Harsh penalties - don't ever do it (as in forget to renew). Holy hell man.
 

GagHalfrunt

Lifer
Apr 19, 2001
25,297
2,001
126
Just to honor the dude and his sacrifice we should name January 25th as National Fapping Day. From this day forward everyone whacks off to leaked celeb cellphone photos every year on this date. I think he would want it that way.
 

Pulsar

Diamond Member
Mar 3, 2003
5,225
306
126
Since you rate to have your vehicle stored during overseas tours/deployments it wouldn't have been on the street. Let your state know it is not being driven while you are gone.

I find fault at the deepest level of your post. I shouldn't HAVE to tell the goverment my car isn't being driven.... if it isn't being driven.

I understand perfectly that people may not want to have derelict vehicles parcked along the road. All well and good. Then just make a time limit - chalk tires etc. But towing a car because the registration isn't current when it isn't being driven - that's just a money grab period. And if I can't afford to pay the registration, how the fuck am I going to pay to get it out of impound? Laws written by stupid people.
 

Pulsar

Diamond Member
Mar 3, 2003
5,225
306
126
Harsh penalties - don't ever do it (as in forget to renew). Holy hell man.

Woo. Just got assigned a Pre-Trial date of February 14th. And called to tell my wife that our Valentines day trip is cancelled. So, Arraignment, Pre-Trial... any criminal lawyers want to tell me what happens after the Pre-Trial? So much fun!
 

MrSquished

Lifer
Jan 14, 2013
21,860
20,181
136
Woo. Just got assigned a Pre-Trial date of February 14th. And called to tell my wife that our Valentines day trip is cancelled. So, Arraignment, Pre-Trial... any criminal lawyers want to tell me what happens after the Pre-Trial? So much fun!

How much are the fines? You may just want to pay them and move on. If their judges are like their cops you aren't going to get anything from going to trial.
 

Pulsar

Diamond Member
Mar 3, 2003
5,225
306
126
How much are the fines? You may just want to pay them and move on. If their judges are like their cops you aren't going to get anything from going to trial.

You don't understand. It is a CRIMINAL offense if you forget to renew your license in Michigan. An actual criminal trial is part of that. This isn't a civil offense plead-guilty-get-points-move-on. You get to serve jail time, and permanently get a misdemeanor on your record. Forever. Then they slap points on your license and fine you too just to add insult to injury.
 

SearchMaster

Diamond Member
Jun 6, 2002
7,792
114
106
I highly doubt you'll serve jail time. I can't imagine that pleading nolo contendere would lead to anything more than some court fines and an adjudication to keep it off your record. I mean, you ARE guilty so I wouldn't plead innocent because judges hate people wasting their time but it certainly would be worth paying for an hour of attorney time for some advice (or getting some free advice from an attorney friend, surely everyone knows a lawyer).
 

Cal166

Diamond Member
May 6, 2000
5,081
8
81
thats messed up

i drove my car for 9 months with an expired registration in NY - i was unemployed for a year back during the shit show that was 2008/9 and didn't drive much, never realized it expired and took it in for a random oil change and the dealer told me that it needed to be inspected/registered and it had expired 9 months ago

found out my licence expired when i was flying home from a business trip in 2011 at the airport when i showed security my ID to get on the plane, he didn't care, it expired 2-3 months prior

FYI: NY Registration & Inspection Stickers expiration date policy are NOT the same. For example, if both of your windshield stickers shows 01/17 as expiration, for the Inspection, you have till the end of the month to renew it BUT for the Registration sticker, you need to look closely as there is a smaller date there, that's your actual expiration date. Had to find out the hard way, two tickets on the same day for that crap.

I actually renewed the registration ahead of time and didn't put the temporary paper on there believing that I can wait for the new sticker to come in before the end of the month,
 

rstrohkirch

Platinum Member
May 31, 2005
2,434
367
126
You don't understand. It is a CRIMINAL offense if you forget to renew your license in Michigan. An actual criminal trial is part of that. This isn't a civil offense plead-guilty-get-points-move-on. You get to serve jail time, and permanently get a misdemeanor on your record. Forever. Then they slap points on your license and fine you too just to add insult to injury.

Didn't the SoS mail you a renewal notice? The jail time is obviously at discretion and not a requirement. I've known a few people over the years who were ticketed for driving on expired licenses. Every one of them walked out with a CI after meeting with the prosecutor. Hopefully, you have the same luck.
 

rh71

No Lifer
Aug 28, 2001
52,856
1,048
126
^ we get email notifications on top of the paper mail for renewal by the DMV...
 

Skel

Diamond Member
Apr 11, 2001
6,218
661
136
The thread title should be updated to reflect what's being talked about here..
 

Darwin333

Lifer
Dec 11, 2006
19,946
2,328
126
The justice system is truly blind. I have a completely clean driving record. Quite literally a blank page. I hit a deer driving home a month ago, and called the police to come out and make a report. The officer realized my drivers license had expired on my birthday 3 weeks ago - so he arrested me. Luckily my wife was already on her way with a friend, because he called a towing company to come impound the car as well. Insurance was up to date, registration was up to date. I had merely forgetten to renew my license. What many folks don't realize in Michigan is that it's a CRIMINAL offense, not a traffic or civil infraction. That means you need to go get a lawyer immediately and you get arraigned and the whole spiel. It's a multi-year fine along with up to 6 months in jail. For a first offense.

Alabama? 90 day grace period, no problem.

Other states make it a civil penalty. Some don't have a penalty at all other than a late fee.

It's pretty fucked up, really. My wife got pretty upset with the judge at the arraignment. She asked if he thought he was serving the community by taking a engineer who volunteers his time 6 months out of the year and hasn't had a speeding ticket in 13 years off the street.

When you venture into a federal offense, they can essentially do what they want.

That is insanely fucked up. Even in my absurdly jail happy state, #1 state for jailing people in the #1 country for jailing people, you just get a ticket for driving on an expired license.
 
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