W6WRT: If you were hauled into court for doing 90 in a 65 zone and you say to
the judge "a cop told me it was ok", do you think the judge will find you not
guilty? Even if the cop testified that yes, he did actually tell you that?
KA1NCN: This is a difficult question. Under the common law, a cop?s
erroneous, prospective advice of the law didn?t bind the state, but it may
create a ?mistake of law? defense, especially if the cop asserted that the
speed limit was 90 (rather than saying ?It is okay to break the law.?) Also,
in some places the charge could be dismissed due to ?outrageous government
conduct.?
But all in all, folks, while it would be nice to have some clarity, a "false"
check doesn't hurt anyone. Seriously. It doesn't put anyone at a competitive
advantage or disadvantage, nor does it change the character of the contest.
73,
Dave/KA1NCN
Dave@KA1N.CN
.
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