Well said.GPD11 said:Breach of the peace is the key "condition". It would be a very fine line to arrest someone for speeding in general and arrest b/c there is a breach of the peace. Operating recklessly so as to endanger has no statutory right of arrest, but if it amounts to a breach of the peace then it could be. I would even go so far as to say you could also charge the person with Disorderly Conduct (arrestable in presence). If you had a guy in the local Stop and Shop plaza doing donuts racing around the lot on busy Saturday morning while the lot is full of pedestrians, I would go with the Disorderly, Operating recklessly. Or if you had a thickly settled residential area where children were outside playing, pedestrian traffic and someone was doing 60 mph in that area, I'm sure it could amount to a breach of the peace, given the circumstances. I think that one has to take into account everything that is occurring. Would I suggest to lock someone up for 90/17 -90/18 as a breach of the peace, hardly. But if you see someone operating in such a manner that falls into the category of disorderly conduct, and you articulate everything that is going on then you might have a good case.
I know there is a case where the court ruled that a vehicle crossing back and forth over marked lanes (civil), amounted to a breach of the peace and was disorderly conduct. Not sure of the specific case. Take into account the totality of the circumstances, use your head and write a good report. And when in doubt you can always summons.
t: I guess this post is a tad off topic as it is in the International drivers license subject. :sh:
International Drivers Licenses
Has anyone had experience with International Drivers Licenses? There restrictions, how long they are good for, or if they are considered valid licenses in Massachusetts?
21 - 30 of 30 Posts
Not to bring up an old topic, but how about a college student with a IDL?
What do you mean? A college student with a legitimate IDL or one of those fake internet ones? A college student is one of the few people in the commonwealth who could legitimately possess and use an IDL from their home country. Remember, though, that they MUST possess in addition to the IDL, a valid license from a country that is recognized by the US for having a legit license (most European countries, Israel, China, Etc.) The RMV has a listing of recognized countries.
Ok, obviously a college student with a real IDL. That was my question, even though they are a college student they are also a resident of the commonwealth for long periods of time. In my opinion they should have a license in MA if they plan on being here. God knows I can't speak or read any of the rmv's list of recognized countries.
I sympathize with your point, but as long as they are full-time students, they are exempt from having to get US licenses. As I'm sure you know, even students from other states are not required to get MA licenses, providing that they are full time students, as long as the campus or local police are kept informed of the situation.
Just to clear up a few points - there is no such thing as a "real IDL." The only legitimate licenses are from individual states, or foreign countries. Despite Liberal's efforts, there is no "world RMV" to issue International Driver's Licenses
If they give you a foreign driver's license, they should have their passport with them, check for a visa stamp on the passport.
Check the foreign licenses carefully, most of them are false. In addition, a contact in the State Department told me they are having problems with counterfeit visas (mostly Brazillian). He also told me we wouldn't be able to tell by looking, they call in the numbers to verify. Good luck!
If they give you a foreign driver's license, they should have their passport with them, check for a visa stamp on the passport.
Check the foreign licenses carefully, most of them are false. In addition, a contact in the State Department told me they are having problems with counterfeit visas (mostly Brazillian). He also told me we wouldn't be able to tell by looking, they call in the numbers to verify. Good luck!
This is the pretext to the suit settled last summer by the Federal Trade Commission re: IDL's and IDP's:
"International Driving Permits"
A Scam, Feds Charge
January 16, 2003
A federal district court has ordered several marketers to stop using Internet spam to sell so-called "international driver's permits" (IDPs). The Federal Trade Commission charges sellers who, under the guise of "international law," pitched their worthless documents to immigrants and other consumers who were seeking an alternative to a government-issued driver's license or identification document.
Authentic IDPs, which are available in the U.S. from only two authorized agencies, American Automobile Association (AAA) and American Automobile Touring Alliance (AATA), have a very limited use and purpose.
"The defendants deceptively marketed bogus documents," said J. Howard Beales III, Director of the FTC's Bureau of Consumer Protection. "They misled people with limited English proficiency and those whose licenses have been revoked about the value and the purpose of the IDP. And they charged them exorbitant fees. We're pleased that the FTC can put this scam in park." He noted that while the permits being deceptively marketed on the Internet typically sold for between $65 and $375, the real IDPs offered by AAA and the AATA are just $10 apiece.
Legitimate IDPs, which are issued under the United Nations Road Traffic Convention of 1949, assist a person with a valid driver's license to drive in foreign countries that have also signed the Convention. Notably, an IDP is not a substitute for a government-issued driver's license; rather it is simply a booklet that translates that government-issued driver's license into a number of different languages. Therefore, IDPs merely serve as a translation document for a government-issued driver's license, and they have no value independent of such government-issued licenses. IDPs do not protect their holders from traffic enforcement or from "points," and cannot be used in place of suspended or revoked license, or as identification in lieu of a government-issued document.
"The FTC's action helps alert consumers to these scams, while letting bogus marketers know this conduct won't be tolerated," said Sandra Hughes, vice president of AAA Travel. "These scams lead innocent travelers to spend hundreds of dollars for false documents. Even worse, they encourage unlicensed drivers to return to our highways, endangering all of us."
The Complaints
The FTC filed complaints in federal district court against the following defendants:
Yad Abraham (Abraham), also known as (a.k.a.) Tim Thorn and Timothy Thorn, individually and doing business as (d.b.a.) Sharpthorn Internet Solutions and Internex, LLC;
Jaguar Business Concepts, LP d.b.a. Libertymall.com, Cheyenne Investment Alliance, LLC (Cheyenne), and Jacqueline Demer, individually and as member/manager of Cheyenne;
Jordan Maxwell, a.k.a. Russell Pine, individually and doing business as BBCOA, a.k.a. BBC of America, a.k.a. Better Book and Cassette of America, and Vic Varjabedian, a.k.a. Victor Varjabedian, a.k.a. Varouj Varjabedian, individually;
William Scott Dion, individually and d.b.a. PT Resource Center and PTRC, a.k.a. Don Glessner;
Carlton Press, Inc., Carlton Press, Ltd., and Kim Fleming Bo Weiss; and
one or more parties d.b.a. the Institute for International Licensing (IIL), Aladdin Financial Management, University Systems, and Wheelie International Limited.
In each complaint, the Commission alleges that, in violation of the FTC Act, the defendants falsely claim that their IDPs are a legitimate alternative to a state-issued driver's license, and misrepresent that: 1) their IDPs authorize consumers to drive legally in the United States; 2) their IDPs allow consumers to avoid points or traffic violations, as well as sanctions for driving with a suspended or revoked driver's license; and 3) their IDPs can be used in the United States as an identification document in the same ways that a person uses a government-issued photo identification document.
Consumer Education
Consumers seeking more information about how to avoid potentially deceptive ads for IDPs are encouraged to read the new FTC consumer alert: "Ads for International Driver's Licenses or Permits Could be a Dead End." This publication, which is available on the Commission's Web site also cautions consumers that it is against the law for U.S. citizens and residents to use an international driver's permit in place of their state-issued driver's license.
:arrow: Now, re: using one of these cards to enter a bar or club or purchase liquor, it is ultimately up to the individual liquor license holder to determine what they accept. However, they (license holder) are only exempt from fines/criminal liability (et al) for anyone underage being delivered or sold alcohol if said establisment reasonably relies on
1) Mass issued ID card
2) Mass issued license
3) US Passport
4) US issued military ID
5) or passport of a government recognized by the United States.
Any other form of ID (even neighboring states) does not preclude the license holder from suffering criminal liability. Any places that accept alternate forms of ID do open themselves up to penalty if the ABCC or Police discover someone underage being delievered alcohol.
"International Driving Permits"
A Scam, Feds Charge
January 16, 2003
A federal district court has ordered several marketers to stop using Internet spam to sell so-called "international driver's permits" (IDPs). The Federal Trade Commission charges sellers who, under the guise of "international law," pitched their worthless documents to immigrants and other consumers who were seeking an alternative to a government-issued driver's license or identification document.
Authentic IDPs, which are available in the U.S. from only two authorized agencies, American Automobile Association (AAA) and American Automobile Touring Alliance (AATA), have a very limited use and purpose.
"The defendants deceptively marketed bogus documents," said J. Howard Beales III, Director of the FTC's Bureau of Consumer Protection. "They misled people with limited English proficiency and those whose licenses have been revoked about the value and the purpose of the IDP. And they charged them exorbitant fees. We're pleased that the FTC can put this scam in park." He noted that while the permits being deceptively marketed on the Internet typically sold for between $65 and $375, the real IDPs offered by AAA and the AATA are just $10 apiece.
Legitimate IDPs, which are issued under the United Nations Road Traffic Convention of 1949, assist a person with a valid driver's license to drive in foreign countries that have also signed the Convention. Notably, an IDP is not a substitute for a government-issued driver's license; rather it is simply a booklet that translates that government-issued driver's license into a number of different languages. Therefore, IDPs merely serve as a translation document for a government-issued driver's license, and they have no value independent of such government-issued licenses. IDPs do not protect their holders from traffic enforcement or from "points," and cannot be used in place of suspended or revoked license, or as identification in lieu of a government-issued document.
"The FTC's action helps alert consumers to these scams, while letting bogus marketers know this conduct won't be tolerated," said Sandra Hughes, vice president of AAA Travel. "These scams lead innocent travelers to spend hundreds of dollars for false documents. Even worse, they encourage unlicensed drivers to return to our highways, endangering all of us."
The Complaints
The FTC filed complaints in federal district court against the following defendants:
Yad Abraham (Abraham), also known as (a.k.a.) Tim Thorn and Timothy Thorn, individually and doing business as (d.b.a.) Sharpthorn Internet Solutions and Internex, LLC;
Jaguar Business Concepts, LP d.b.a. Libertymall.com, Cheyenne Investment Alliance, LLC (Cheyenne), and Jacqueline Demer, individually and as member/manager of Cheyenne;
Jordan Maxwell, a.k.a. Russell Pine, individually and doing business as BBCOA, a.k.a. BBC of America, a.k.a. Better Book and Cassette of America, and Vic Varjabedian, a.k.a. Victor Varjabedian, a.k.a. Varouj Varjabedian, individually;
William Scott Dion, individually and d.b.a. PT Resource Center and PTRC, a.k.a. Don Glessner;
Carlton Press, Inc., Carlton Press, Ltd., and Kim Fleming Bo Weiss; and
one or more parties d.b.a. the Institute for International Licensing (IIL), Aladdin Financial Management, University Systems, and Wheelie International Limited.
In each complaint, the Commission alleges that, in violation of the FTC Act, the defendants falsely claim that their IDPs are a legitimate alternative to a state-issued driver's license, and misrepresent that: 1) their IDPs authorize consumers to drive legally in the United States; 2) their IDPs allow consumers to avoid points or traffic violations, as well as sanctions for driving with a suspended or revoked driver's license; and 3) their IDPs can be used in the United States as an identification document in the same ways that a person uses a government-issued photo identification document.
Consumer Education
Consumers seeking more information about how to avoid potentially deceptive ads for IDPs are encouraged to read the new FTC consumer alert: "Ads for International Driver's Licenses or Permits Could be a Dead End." This publication, which is available on the Commission's Web site also cautions consumers that it is against the law for U.S. citizens and residents to use an international driver's permit in place of their state-issued driver's license.
:arrow: Now, re: using one of these cards to enter a bar or club or purchase liquor, it is ultimately up to the individual liquor license holder to determine what they accept. However, they (license holder) are only exempt from fines/criminal liability (et al) for anyone underage being delivered or sold alcohol if said establisment reasonably relies on
1) Mass issued ID card
2) Mass issued license
3) US Passport
4) US issued military ID
5) or passport of a government recognized by the United States.
Any other form of ID (even neighboring states) does not preclude the license holder from suffering criminal liability. Any places that accept alternate forms of ID do open themselves up to penalty if the ABCC or Police discover someone underage being delievered alcohol.
Get a UltraViolet Light Pen. I have one, it's excellent. State Department Visas have security features that you'll see with UV light. Also helps with new Mass Licenses, UV light you should see "MA" across the license. Check passport, although they are not required to possess it with them. If they have passport , check I-94. The maximum stay allowed in the country for a visit is six months. If they stayed over the visa their right to operate under foreign license is no good. Then check INS screen through LEAPS and check their statuts. 99.99% of all Brazilians I stopped with IDL permit have overstayed their VISA. If their information does not come back from INS you might not have the right person there, because all foreigners entering country legally are entered in the system.contact in the State Department told me they are having problems with counterfeit visas (mostly Brazillian).
any suggestions on where one can find a UV light pen? How much are they$$?
Just go on EBAY and type ultraviolet light pen. You will see many types, i got a nice one with LED lights,laser pointer and UV light as well as a pen for abour $20.
21 - 30 of 30 Posts
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