Re; Drs note

One of our Deps stopped a guy the other day who was not wearing his seat belt.  The driver said that he could not because he was under orders from a doc not to.  His chest did have some physical abnormalities that looked like they could be painful but the guy could not produce a doctors note.  The Dep chose, like you, to write the ticket and advised the guy to call his doctor and get a note then take it to the court.  The Dep felt that it was better to be safe and in pain, than to be dead with no pain :-}

I guess it all depends on the violators attitude and the situation.  I had a guy with no trailer plate and he seemed like a good Joe.  So rather than cite and hit him with a $90 ticket and then he would have to pay $90 more for the trailer plate, I told him to go to the secretary of state within one day and fax me the new registration.  I told him if I didn't see the fax in a day, I would mail him the ticket.  I got the fax.

I have done that with several different types of violation with decent folks and it worked everytime.  I got done for the state what I needed to do and the citizen was happy. 

Good PR. 

Last edited @ 6/8/2007 4:05 PM

Seatbelt

Kentucky's seatbelt law actually has language in it saying a driver may be excused by his/her doctor for medical conditions, but must carry the excuse with them.

As far as window tint, thats what sunglasses are for. Tinting laws were passed for OUR safety, not the convenience of the public.

RE: Drs. note to break the law?

Texas also specifies that a Doctor's note is a defense to the seat belt offense, so if he had one with him, I would not write the violation. On the window tinting, I would write it since it is a safety issue - he has to have enough light transmission to see. If he claimed a medical issue, he could take it up with the court. I would also send a letter recommending a medical review board to the DPS, see if he is still medically allowed to have a license.

RE: Drs. note to break the law?

I would like to see an excusal notice from the DMV or other state agency rather than the doctors note. DMV can verify the validity of the doctors note so I dont' have to. Haven't run accross any of these yet though.

fedcp76

Good point.

RE: Drs. note to break the law?

I have stopped a couple of people for the seat belt and at the time they had open heart surgery with scars on their chest to prove it. Both of these individuals had doctors notes and being in a small town I could easily verify this. I did not sight them, but did tell them that they heal they would have to wear it.

On the issue of the window tint.....Too much of an Officer Safety issue of not being able to see inside the vehicle would force me to cite the driver. All the SUV's and some of the passenger cars are tinted in the passenger windows. If the drivers window and passenger windows are tinted, we have a window tint meter to check them with. It is hard to tell during the night (I work graves) or day it is hard to tell how many in the vehicle and what they are doing.

I say if they have a medical problem with sun or daylight, they need to wear sunglasses.....end of story.

Window tint

I have written many tickets for tinted windows because I too feel that it is an officer safety issue. When presented with a doctor's note I usually write the ticket anyway, telling the violator that he can use that note as a defense in court. Or, better yet, he can wear sunglasses during the day.

I had to begin taking a closer look at those notes though. My neighbor began carrying a doctor's note after he was diagnosed with Lupus and he has to avoid sunlight. Sunlight can cause serious problems in a Lupus patient. Outside of his note, I have never seen one that says the driver has Lupus, but if I were to be presented with one I may be persuaded to warn and release.

RE: Drs. note to break the law?

If they don't have the Doc's note with them I would still write the ticked due to the fact that if you let them go without proper doccumentation, then that is your "Rear End" is somewhere along the line after you let them go they get into an accident and either die or seriously injured they will come back and sue your department and you as well. Like someone mentioned before, better to be safe, then sorry.

RE: Drs. note to break the law?

Even with the doctors note I still feel the need to write the driver for eaither one. It is too easy for people to write their own note and pass it off as the real thing. Even the "letter Head" can be forged. So I let the court decide if they are valid.

RE: Drs. note to break the law?

In Georgia I have seen a letter from the state on a driver who I stoped for window tint. It was so dark you could not see inside or out for that much. I have not seen one for the seatbelt yet but am sure its coming. As for the note from the state I did not write it since it was state letterhead.