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What exactly is a written warning?

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Posted by: SOT

What does it mean? What is it for? What are the consequences? Just asking for a "friend"...



Posted by: NorwichAlum

As far as the RMV is concerned it means nothing. They used to track warnings but they no longer do. It's just a break from the PO.

Occasionally I will have dispatch check the in-house computer to see if someone has been stopped in town before. If I hear that they have multiple warnings, they're going to get a citation.



Posted by: VTCOP

Basically a written warning is documentation of why you were stopped, when and by who. Written warnings, depending on where you are, are tracked to help officer(s) in the future determine if a bettercourse of action should be taken. Written warnings are just warnings, no fines or points assessed. It's also a good CYA measure.


Quote:
Originally Posted by NorwichAlum
As far as the RMV is concerned it means nothing. They used to track warnings but they no longer do. It's just a break from the PO.

Occasionally I will have dispatch check the in-house computer to see if someone has been stopped in town before. If I hear that they have multiple warnings, they're going to get a citation.




Posted by: Mortal knight

It's a way to prove to the brass that we are actively doing something besides playing spider on the laptop.



Posted by: bluesamurai22

It's just a tool that gives officers a little more discretion in the field. When people ask me I let them know that they are suitable for framing, checking their oil or for cleaning up spills.

Sometimes it's funny when people go to look for their registration and they have a warning or two right next to it. ummm...

They can sometimes be used to point out who was at fault in a crash report and they can also be used to justify a traffic stop that yields contraband. They are excellent tools in these two cases because theoretically, warnings can't be appealed.



Posted by: stm4710

Its a the sign of a silent strike according to the Danvers Town Manager Wayne Marquis.



Posted by: NorwichAlum

Quote:
Originally Posted by Mortal knight
It's a way to prove to the brass that we are actively doing something besides playing spider on the laptop.
Spider Rocks!



Posted by: RPD931

Yep.. it just says "Look, I did something."



Posted by: Pinkos307

Quote:
Originally Posted by RPD931
Yep.. it just says "Look, I did something."
Its all about the CYA



Posted by: Curious EMT

Quote:
Originally Posted by bluesamurai22
They are excellent tools in these two cases because theoretically, warnings can't be appealed.
They ABSOLUTETLY can be, and there's a process to it. Hearings are held at certin RMV branches for them, and can be appealed to district court.

Ill find the info, I stumbled upon it while searching for info regarding SDIP point appeal, it may have actualy been a written document I got from RMV Boston.

BUT, unless the warning needs to be challanged to get a traffic stop and subsequent arrest thrown out, warnings only take up space at the RMV storage center in Randolph.
They say 6 warnings in 1 year = HTO suspension (like 3 tix in one year), but i have never seen them on an operators dirver history, therefore I doubt they'll track them.

Anyone ever get a written warning from MSP? I have proof in my filing cabinet that one just MAY have a little heart inside of them



Posted by: bluesamurai22

I would be interested to see that. I did say theoretically because you just never know.

I know for a fact that there is no appeal mechanism in 90C for a written warning:

http://www.mass.gov/legis/laws/mgl/90c-3.htm

I also remember when the consequences for multiple warnings was changed - I believe that 3 warnings equaled a 7 day suspension and 3 warnings for speeding equaled a 30 day suspension. I'm guessing a state rep or one of their relatives was looking at an impending suspension when this was taken out of the MGL's.

I did run into one kid a few years ago who told me that his license was suspended by the RMV after I wrote him a warning on a JOL violation. I have heard of this happening to other junior operators and wondered if it would apply to any other offenses that carry automatic license suspensions.

At any rate, I would still recommend a written warning on a stop that yields contraband or when it's called for at a non-criminal crash. It's very easy for a bad guy to go to a clerk, win a citation appeal and then go into a hearing or trial on a serious charge showing that a citation was thrown out and that they shouldn't have been stopped in the first place. It would also seem easier for an at-fault driver to win at an insurance appeal if they get their CMVI thrown out prior to the hearing.

Quote:
Originally Posted by Curious EMT
They ABSOLUTETLY can be, and there's a process to it. Hearings are held at certin RMV branches for them, and can be appealed to district court.

Ill find the info, I stumbled upon it while searching for info regarding SDIP point appeal, it may have actualy been a written document I got from RMV Boston.

BUT, unless the warning needs to be challanged to get a traffic stop and subsequent arrest thrown out, warnings only take up space at the RMV storage center in Randolph.
They say 6 warnings in 1 year = HTO suspension (like 3 tix in one year), but i have never seen them on an operators dirver history, therefore I doubt they'll track them.

Anyone ever get a written warning from MSP? I have proof in my filing cabinet that one just MAY have a little heart inside of them




Posted by: frank

I got a verbal warning once by a trooper...of course, this was 7 or 8 years ago, I was driving on my learner's permit, and he pulled me over on 128 for 'running a red light' on 3A when I had to stop forward of the stop line to avoid being T-boned by a tractor-trailer that was failing to yield on a left turn.



Posted by: Curious EMT

Quote:
Originally Posted by bluesamurai22
I would be interested to see that. I did say theoretically because you just never know.
It would also seem easier for an at-fault driver to win at an insurance appeal if they get their CMVI thrown out prior to the hearing.
Are you infering that its hard to be granted these appeals?

Ill see what I can find, I know I came accross it while I was in the process of appealing a surcharge.



Posted by: no$.10

"You've been issued a written warning. There are no fines involved, but a copy of it is sent to the Registry and will be held on file."

I have been saying this exact statement for 19 years. Not many people press further. On the rare occasion that they do, I give them some BS about how if they get more than three in a six month period, the Registry can decide to take further action.

I actually found out later that warnings are really logged in the RMV, and sometimes they can be used to link vehicles to subjects. (ie "I don't know that guy" Really? you were stopped three years ago in a car registered to him...)



Posted by: BufordTJustice

Means next time it will cost you $$$



Posted by: SinePari

Quote:
Originally Posted by bluesamurai22
At any rate, I would still recommend a written warning on a stop that yields contraband or when it's called for at a non-criminal crash.
I always write a written warning at crashes with or without PI. Insurance companies want to know if anyone was cited, and that's what we decide. Unless black ice or something extraordinary caused the crash.





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