Stewart re-arrested for same "crime".

BobbyM
Profile picture for user BobbyM
Posts
21439
Joined
8/15/2006
Location
AZ US
BobbyM 6/4/2011 9:46am
6/4/2011 9:46am
jbomx363 wrote:
The big deal is..... no charges were filed due to not enough evidence in the first arrest.....so... .WHY pursue it further, spend more of the states...
The big deal is..... no charges were filed due to not enough evidence in the first arrest.....so... .WHY pursue it further, spend more of the states tax-dollars for a victimless (in this instance) shenanigan that has already served it's purpose? That being, James had some bad PR, acknowledged the mistake, Big James probably whipped him a new one (just like any of us would do to our kids if this was them, and I'd bet everyone of you would be saying WTF if this is how it went down with your kid) and that should of been that.

Abuse of power.
rc4187 wrote:
The big deal is there was enough evidence. 3 eye-witnesses and exact description of the truck. Found red and blue lights in luggage... How the heck...
The big deal is there was enough evidence. 3 eye-witnesses and exact description of the truck. Found red and blue lights in luggage... How the heck were they to know those would be there before stopping them had someone not witnessed it?

I believe the real problem is them dropping the case in the first place without even a slap on the wrist for what is considered a felony by law.

I realize that Stewart was probably just being dumb and meant no harm... but to come out and say he didn't do it at all is dumber and makes it look like authorities play favorites.

edit: forgot to mention that he actually admitted to doing it.
i am pretty sure i wouldn't "whip" my 25 year old son...but whatever
Ryno784
Profile picture for user Ryno784
Posts
189
Joined
6/8/2010
Location
Cambridge City, IN US
Ryno784 6/4/2011 9:51am
6/4/2011 9:51am
Rooster wrote:
Think there's a chance we can get the judge to give him 10 weekends of community service and force him to race the nationals?
You mean keep him OUT of the nationals, we don't want him hurting anyone that actually races them...do we?
CRF107
Profile picture for user CRF107
Posts
209
Joined
3/5/2007
Location
El Cajon, CA US
CRF107 6/4/2011 11:12am
6/4/2011 11:12am
Everyone just needs to face the facts. James broke the law and its not just going to go away because of who he is. It does not matter what his intent was. Official charges have now been filed and he is going to have to deal with it.
kongols
Profile picture for user kongols
Posts
24220
Joined
9/22/2009
Location
Riga LV
kongols 6/4/2011 11:33am
6/4/2011 11:33am
CRF107 wrote:
Everyone just needs to face the facts. James broke the law and its not just going to go away because of who he is. It does...
Everyone just needs to face the facts. James broke the law and its not just going to go away because of who he is. It does not matter what his intent was. Official charges have now been filed and he is going to have to deal with it.
They were already dropped, but then somebody thought- lets milk this cow a little more. Now I don`t see the end of it for at least a couple of years. Do the crime do the time, guess that`s what they are after. They will make an example out of him just because he`s a celebrity. What a stupid, stupid prank by Stewart.

The Shop

See All »
Tbill
Profile picture for user Tbill
Posts
151
Joined
4/1/2008
Location
Glendale, AZ US
Tbill 6/4/2011 11:55am
6/4/2011 11:55am
Whether you're a fan of James or not, the kid has been going through the ringer lately. I'd rather see him on the track then a police report.
pilotdude
Profile picture for user pilotdude
Posts
3831
Joined
1/12/2009
Location
Vancouver, WA US
pilotdude 6/4/2011 12:04pm
6/4/2011 12:04pm
James broke the law by using those lights. Impersonating an officer is a victimless crime, in that no one was hurt. But the police take it very seriously because it undermines their authority. That is the purpose of the law to preserve police authority. They take it pretty seriously which is why it is a felony.
jbomx363
Profile picture for user jbomx363
Posts
2008
Joined
9/4/2007
Location
Denham Springs, LA US
jbomx363 6/4/2011 12:11pm
6/4/2011 12:11pm
1st off.. it is not a felony, it's a misdemeanor, unless they revised the statute for 2011.

843.081 Prohibited use of certain lights; penalty.

(1) The Legislature finds and declares that Florida's citizens are vulnerable to becoming the victims of criminal acts through the illegal use of blue lights by the criminal elements. It is the intent of the Legislature to reduce this vulnerability to injury and loss of life and property by prohibiting the use of certain blue lights by any person other than an authorized law enforcement officer.

(2) It is unlawful for a person to use in or on any nongovernmentally owned vehicle or vessel any flashing or rotating blue light unless such person is a law enforcement officer employed by a federal, state, county, or city law enforcement agency or is a person appointed by the Governor pursuant to chapter 354.

(3) The provisions of this section shall not apply to salespersons, service representatives, or other employees of businesses licensed to sell or repair law enforcement equipment.

(4) For the purposes of this section, the term "flashing or rotating blue light" includes all forms of lights which display a blue light source or which were designed with the intent of displaying a blue light source whether or not such light is actually in use.

(5) Any person who violates any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083l

If there were enough evidence, there would of been charges filed initially. Obviously the burden of proof is on the prosecution and the D.A. must of thought it wasn't worth pursuing.

Anyway....it is what it is and we'll see the outcome soon enough.
pilotdude
Profile picture for user pilotdude
Posts
3831
Joined
1/12/2009
Location
Vancouver, WA US
pilotdude 6/4/2011 12:14pm
6/4/2011 12:14pm
I don't think James is a felon, but apparently he has to be shown he isnt above the law. I hope he learns a hard lesson and profits from it in the future. I feel really bad for his parents. I hope he straightens up and flies right.
DownSouth
Profile picture for user DownSouth
Posts
9891
Joined
7/5/2008
Location
Tallapoosa, GA US
DownSouth 6/4/2011 12:17pm
6/4/2011 12:17pm Edited Date/Time 6/4/2011 12:22pm
kongols wrote:
They were already dropped, but then somebody thought- lets milk this cow a little more. Now I don`t see the end of it for at least...
They were already dropped, but then somebody thought- lets milk this cow a little more. Now I don`t see the end of it for at least a couple of years. Do the crime do the time, guess that`s what they are after. They will make an example out of him just because he`s a celebrity. What a stupid, stupid prank by Stewart.
I would guess that someone ranked higher in the prosecutor's office disagreed with the original decision to drop the charges so it was reinstated. Dropping the charges means no legal penalty for the act. I don't think that any serious punishment is warranted but to get off with out even a fine for a felony has to look bad to the general public for the prosecutors office. Pay a small fine, do some community service etc. and there is at least some degree of "justice" to the public and not another case of a rich/high profile person getting off easy.
kongols
Profile picture for user kongols
Posts
24220
Joined
9/22/2009
Location
Riga LV
kongols 6/4/2011 12:18pm
6/4/2011 12:18pm
pilotdude wrote:
I don't think James is a felon, but apparently he has to be shown he isnt above the law. I hope he learns a hard lesson...
I don't think James is a felon, but apparently he has to be shown he isnt above the law. I hope he learns a hard lesson and profits from it in the future. I feel really bad for his parents. I hope he straightens up and flies right.
Or left, you know, maybe he`s democrat.
disbanded
Profile picture for user disbanded
Posts
6871
Joined
8/26/2007
Location
Evergreen, CO US
disbanded 6/4/2011 12:21pm
6/4/2011 12:21pm
I'd like to see Stewart get punished to the fullest extent of the law for the senseless crime.

Sentenced to the next 5 years on the national circuit sounds about right.
pilotdude
Profile picture for user pilotdude
Posts
3831
Joined
1/12/2009
Location
Vancouver, WA US
pilotdude 6/4/2011 12:22pm
6/4/2011 12:22pm
pilotdude wrote:
I don't think James is a felon, but apparently he has to be shown he isnt above the law. I hope he learns a hard lesson...
I don't think James is a felon, but apparently he has to be shown he isnt above the law. I hope he learns a hard lesson and profits from it in the future. I feel really bad for his parents. I hope he straightens up and flies right.
kongols wrote:
Or left, you know, maybe he`s democrat.
Okay I hope he straightens up and flies correctly, no matter his political leaning.
pilotdude
Profile picture for user pilotdude
Posts
3831
Joined
1/12/2009
Location
Vancouver, WA US
pilotdude 6/4/2011 12:24pm
6/4/2011 12:24pm
disbanded wrote:
I'd like to see Stewart get punished to the fullest extent of the law for the senseless crime. Sentenced to the next 5 years on the...
I'd like to see Stewart get punished to the fullest extent of the law for the senseless crime.

Sentenced to the next 5 years on the national circuit sounds about right.
ZING!
Rizzo
Profile picture for user Rizzo
Posts
1019
Joined
2/2/2010
Location
US
Rizzo 6/4/2011 12:27pm
6/4/2011 12:27pm
bigdan1967 wrote:
They probably drove by 6 drug dealers, 1 rapist, a kiddie porn house and 2 serial killers just to pick up JS7 on this warrant, good...
They probably drove by 6 drug dealers, 1 rapist, a kiddie porn house and 2 serial killers just to pick up JS7 on this warrant, good for you Florida, you got your man.
Rizzo wrote:
Ain't that the truth. The "tot mom" trial of Casey Anthony is all over the net. MMmmm Lets see Florida, killing an innocent baby and leaving...
Ain't that the truth. The "tot mom" trial of Casey Anthony is all over the net. MMmmm Lets see Florida, killing an innocent baby and leaving her in the trunk of your car or Stewart the flashing light guy, who should they focus on???? I'm not a fanboy by any means, but geeze, let it go, lesson learned.
RaceFace wrote:
What, is she being let go now so they can focus on James? I guess Florida can only focus on one crime at a time from...
What, is she being let go now so they can focus on James? I guess Florida can only focus on one crime at a time from arrest to prosecution? Don't see wtf she has to do with James, the only question for her is if she gets life or death.

If this wasn't James not one single person would be bitching that some level of punishment is warranted. The laws exist against doing what he did, why the uproar about letting him get away with it? We all know what a DUI will bring, so once it's committed the rest lies in the hands of the law. His actions are on the books as a FELONY in Florida. They didn't just make this up to stick it to James. It's the law, he broke it.
I was speaking about him being arrested again, does that mean Florida prosecutors get a do-over or 2nd chance at this case? I just meant that FL had bigger fish to fry.
SteveS
Profile picture for user SteveS
Posts
5598
Joined
8/16/2006
Location
WV US
SteveS 6/4/2011 12:28pm
6/4/2011 12:28pm
jbomx363 wrote:
1st off.. it is not a felony, it's a misdemeanor, unless they revised the statute for 2011. 843.081 Prohibited use of certain lights; penalty. (1) The...
1st off.. it is not a felony, it's a misdemeanor, unless they revised the statute for 2011.

843.081 Prohibited use of certain lights; penalty.

(1) The Legislature finds and declares that Florida's citizens are vulnerable to becoming the victims of criminal acts through the illegal use of blue lights by the criminal elements. It is the intent of the Legislature to reduce this vulnerability to injury and loss of life and property by prohibiting the use of certain blue lights by any person other than an authorized law enforcement officer.

(2) It is unlawful for a person to use in or on any nongovernmentally owned vehicle or vessel any flashing or rotating blue light unless such person is a law enforcement officer employed by a federal, state, county, or city law enforcement agency or is a person appointed by the Governor pursuant to chapter 354.

(3) The provisions of this section shall not apply to salespersons, service representatives, or other employees of businesses licensed to sell or repair law enforcement equipment.

(4) For the purposes of this section, the term "flashing or rotating blue light" includes all forms of lights which display a blue light source or which were designed with the intent of displaying a blue light source whether or not such light is actually in use.

(5) Any person who violates any of the provisions of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083l

If there were enough evidence, there would of been charges filed initially. Obviously the burden of proof is on the prosecution and the D.A. must of thought it wasn't worth pursuing.

Anyway....it is what it is and we'll see the outcome soon enough.
Different law from the one he's been charged with. The one he's charged with is called "personating an officer", and is a felony.

The equipment violation you cited is the one his lawyers, if they are any good, will get a plea bargain for.
RandyS
Profile picture for user RandyS
Posts
6181
Joined
8/16/2006
Location
Grass Valley, CA US
RandyS 6/4/2011 12:50pm
6/4/2011 12:50pm
I couldn't get the video to work but did they actually show up at his house or somewhere else and haul him away in cuffs. That's what I got from reading it. If so that's bullshit, they could have called his lawyer and had him surrender at the station. If that's the case it's pretty obvious why they're doing it.
jbomx363
Profile picture for user jbomx363
Posts
2008
Joined
9/4/2007
Location
Denham Springs, LA US
jbomx363 6/4/2011 12:56pm
6/4/2011 12:56pm
SteveS wrote:
Different law from the one he's been charged with. The one he's charged with is called "personating an officer", and is a felony. The equipment violation...
Different law from the one he's been charged with. The one he's charged with is called "personating an officer", and is a felony.

The equipment violation you cited is the one his lawyers, if they are any good, will get a plea bargain for.
Then that is 843.08, a 3rd degree felony, which they cannot prove and he will not be convicted of that, he said/she said thing of them trying to "pull over" the other vehicle.

The only thing the arrest can be construed as,IMO, is 843..081, listed above.

Regardless...such a waste of time/effort.
jonjon714
Profile picture for user jonjon714
Posts
5916
Joined
4/29/2008
Location
Virginia Beach, VA US
jonjon714 6/4/2011 1:22pm
6/4/2011 1:22pm
If convicted of the felony he'll lose that sweet truck to the great state of Florida...what's that thing gotta worth? 65 - 70k?

Pit Row

See All »
jbomx363
Profile picture for user jbomx363
Posts
2008
Joined
9/4/2007
Location
Denham Springs, LA US
jbomx363 6/4/2011 1:48pm
6/4/2011 1:48pm
Doubt he'll be convicted of a felony. The easy defense? Another county didn't find enough evidence to even charge him.

Wouldn't be surprised if there's a motion to dismiss and the judge rules in their favor.
croom mx
Profile picture for user croom mx
Posts
1964
Joined
4/1/2008
Location
miami, FL US
croom mx 6/4/2011 2:13pm
6/4/2011 2:13pm
This was from the old charge , this is not a new charge.
SteveS
Profile picture for user SteveS
Posts
5598
Joined
8/16/2006
Location
WV US
SteveS 6/4/2011 2:42pm
6/4/2011 2:42pm
He has been charged again. The initial dropped charge was from Orlando, where the airport is. The new charge is from Osceola County.
Walter
Profile picture for user Walter
Posts
375
Joined
8/21/2008
Location
Tucson, AZ US
Walter 6/4/2011 2:59pm
6/4/2011 2:59pm
jbomx363 wrote:
Doubt he'll be convicted of a felony. The easy defense? Another county didn't find enough evidence to even charge him. Wouldn't be surprised if there's a...
Doubt he'll be convicted of a felony. The easy defense? Another county didn't find enough evidence to even charge him.

Wouldn't be surprised if there's a motion to dismiss and the judge rules in their favor.
If there is venue in the current county, the fact that another county dismissed it (without prejudice to refiling) does not mean anything...not even admissable in a trial and not a ground for dismissal.

"I couldn't get the video to work but did they actually show up at his house or somewhere else and haul him away in cuffs. That's what I got from reading it. If so that's bullshit, they could have called his lawyer and had him surrender at the station. If that's the case it's pretty obvious why they're doing it."

It is called the "perp (for perpetrator) walk" and law enforcement/some prosecution offices love to do it in a high media presence case (big deal case or low voltage case with a celeb defendant). They call the media, stage the dog and pony show and arrest the defendant even though normally it would be a summons or a call to his lawyer.
ocscottie
Profile picture for user ocscottie
Posts
69092
Joined
8/16/2006
Location
Redding, CA US
ocscottie 6/4/2011 3:01pm
6/4/2011 3:01pm
jonjon714 wrote:
If convicted of the felony he'll lose that sweet truck to the great state of Florida...what's that thing gotta worth? 65 - 70k?
you could find that laying around in his couch cushions. Cool
flarider
Profile picture for user flarider
Posts
25496
Joined
4/1/2008
Location
Daytona Beach, FL US
flarider 6/4/2011 3:21pm
6/4/2011 3:21pm
jbomx363 wrote:
Doubt he'll be convicted of a felony. The easy defense? Another county didn't find enough evidence to even charge him. Wouldn't be surprised if there's a...
Doubt he'll be convicted of a felony. The easy defense? Another county didn't find enough evidence to even charge him.

Wouldn't be surprised if there's a motion to dismiss and the judge rules in their favor.
Walter wrote:
[i]If[/i] there is venue in the current county, the fact that another county dismissed it (without prejudice to refiling) does not mean anything...not even admissable in...
If there is venue in the current county, the fact that another county dismissed it (without prejudice to refiling) does not mean anything...not even admissable in a trial and not a ground for dismissal.

"I couldn't get the video to work but did they actually show up at his house or somewhere else and haul him away in cuffs. That's what I got from reading it. If so that's bullshit, they could have called his lawyer and had him surrender at the station. If that's the case it's pretty obvious why they're doing it."

It is called the "perp (for perpetrator) walk" and law enforcement/some prosecution offices love to do it in a high media presence case (big deal case or low voltage case with a celeb defendant). They call the media, stage the dog and pony show and arrest the defendant even though normally it would be a summons or a call to his lawyer.
There was no perp walk on local tv.
They all used his exit from the night of his arrest.
By the time the news broke, James was already out and home
RandyS
Profile picture for user RandyS
Posts
6181
Joined
8/16/2006
Location
Grass Valley, CA US
RandyS 6/4/2011 3:42pm
6/4/2011 3:42pm
flarider wrote:
There was no perp walk on local tv. They all used his exit from the night of his arrest. By the time the news broke, James...
There was no perp walk on local tv.
They all used his exit from the night of his arrest.
By the time the news broke, James was already out and home
But they did go to his house or somewhere and cuff him right? Total bullshit to do that for something that is now a couple of months old.
flarider
Profile picture for user flarider
Posts
25496
Joined
4/1/2008
Location
Daytona Beach, FL US
flarider 6/4/2011 4:05pm
6/4/2011 4:05pm
I would imagine. Nothing I saw or know of mentioned him turning himself in.
mxb2
Profile picture for user mxb2
Posts
22437
Joined
6/15/2010
Location
Bowie, MD US
mxb2 6/4/2011 4:18pm
6/4/2011 4:18pm
flarider wrote:
There was no perp walk on local tv. They all used his exit from the night of his arrest. By the time the news broke, James...
There was no perp walk on local tv.
They all used his exit from the night of his arrest.
By the time the news broke, James was already out and home
RandyS wrote:
But they did go to his house or somewhere and cuff him right? Total bullshit to do that for something that is now a couple of...
But they did go to his house or somewhere and cuff him right? Total bullshit to do that for something that is now a couple of months old.
Warrants are open until they are served, they do not go away, Policy is to handcuff all people taken into custody! Its not bullshit, its policy. Guess stewart should have thought of all this before his so called prank.
dkg
Profile picture for user dkg
Posts
1883
Joined
9/12/2010
Location
Rancho Cucamonga, CA US
dkg 6/4/2011 9:07pm
6/4/2011 9:07pm
This never ends. As stated elsewhere, what JS did was stupid. Should probably be a traffic ticket though. Seems like another instance of over filing the charges. Before we blast Stewart too hard, consider that over filing the charges happens to regular folk everyday. His actions were dumb, probably at the most some level of misdemeanor criminally stupid. But a felony? Hardly seems appropriate here.
BUTCH
Profile picture for user BUTCH
Posts
5088
Joined
8/15/2006
Location
WA US
BUTCH 6/4/2011 9:29pm
6/4/2011 9:29pm
[/img]
FARANG
Profile picture for user FARANG
Posts
861
Joined
4/1/2008
Location
AL US
FARANG 6/4/2011 9:57pm
6/4/2011 9:57pm
Grendel wrote:
Christ on a cracker, amazing to see the so-called fans of the sport so gleefully rooting for a rider to fail.

Absolutely depressing.
I don't think being a fan of the sport means that you have to blindly defend the actions of the sport's participants in their free time.

I really don't see anyone rooting for him to fail either, most people just think he should face the charges like anyone else would. They were his actions and he has to accept responsibility for them, whether he's fast on a dirt bike or not. It's not a conspiracy.

Post a reply to: Stewart re-arrested for same "crime".