BANGOR, Maine — A Holden man was arrested Thursday after police say he refused to sign a ticket he received after he removed an expired inspection sticker from the car he was in.
Scott Cormier, 52, is facing a Class D charge of falsifying evidence, Bangor police Sgt. Garry Higgins said Friday morning.
Police stopped the vehicle on the Joshua Chamberlain Bridge just after 5 p.m. Thursday after seeing the expired sticker, the sergeant said. Cormier, who was a passenger in the vehicle, removed the expired sticker and “discarded it somewhere,” Higgins said.
Cormier, who does not own the vehicle, was originally just going to be given a summons but he refused to sign the ticket, according to Higgins. Police arrested Cormier and charged him with falsifying physical evidence, a Class D misdemeanor, and failure to sign a citation, a Class E misdemeanor.
Cormier was taken to Penobscot County Jail and later released on bail, Higgins said. The driver was not charged with any crime.
I find it unbelievable that “failure to sign a ticket” is illegal in Maine. Many States just hand you the ticket, no signature required.
ALSO the cop writing this ticket should get an award for this arrest of a most dangerous character. and Ryan McLaughlin needs the Pulitzer prize for breaking this most important story.
Exactly! And can anyone tell me how they can charge him with falsifying physical evidence? What evidence did he actually falsify??
removing n getting rid of the expired or fake inspection sticker
Title 17-A: MAINE CRIMINAL CODE Part 2: SUBSTANTIVE OFFENSES Chapter 19: FALSIFICATION IN OFFICIAL MATTERS §455. Falsifying physical evidence
1. A person is guilty of falsifying physical evidence if, believing that an official proceeding as defined in section 451, subsection 5, paragraph A, or an official criminal investigation, is pending or will be instituted, he:
A. Alters, destroys, conceals or removes any thing relevant to such proceeding or investigation with intent to impair its verity, authenticity or availability in such proceeding or investigation
http://www.mainelegislature.or…
Jd in a perfect world yes . When a policeman bragged about falsifying an accident report I had with his brother he only got a talking to why was he not arrested and charged? We might be going back many years but I still would like to know why the law in the real world applies to people differently.
Removing the inspection sticker. Wouldn’t that be tampering with evidence? Still illegal.
By signing the ticket you are making a promise to appear in court, that is why you have to sign the ticket. Why is this so hard for people to understand?
Simply signing the ticket does not guarantee an appearance in court, you’re only acknowledging that you’ve received the summons.
It says this on a Uniform Summons and Complaint…
On said ticket is also when your court date is, the time and the number to the court.
Right above where you sign it reads…
I pomise to appear in the Court at the place, date and time described above.
Now if you do not sign it, you go to jail. It is that simple. The same will happen if you refuse to sign a traffic ticket. While a court date would not appear on a simple traffic ticket you still have to sign the ticket, by law.
Humm ok never had a summons so I wouldn’t have a clue what exactly was on it.
So we have no rights a cop can arrest you for any reason he makes up . boy have the laws changed. was A time when it was YOUR DUTY to resist an unlawful arrest.
May I ask how old you are? I will be 42 in the next few moon cycles.
43 I am going by the way laws were written Not the way things have been in my time. Not all policemen are perfect. Some are not even decent people. I remember I had run ins with a state trouper years ago when he was caught being a child molester he severed less than 30 days Good one MR. Almay when you compare the brownville mother to a child molester . She got 5 years Sorry that Man makes me sick.The real child molester got off a lot easier.
You are way to angry to understand law.
Maybe its the laws that made me angry. It is not about law its about witch ones they chose to enforce . I am angry when I have been done wrong by the (LAW) before. I am not an angry person just some subjects wind me up.
being “done wrong” is very subjective. Very few think they SHOULD be arrested. After they get a lawyer, even the people who got caught on tape start to believe they got railroaded when it’s all said and done. To get convicted, you still need a judge or jury to agree with them.
I would much rather have a decent judge. In the case that I was not guilty the DA. said he issued a subpoena when In fact he told the witness he did not want the to show up witness admitted to lying about it.. I called him On that In court no Subpoena was in fact issued . Case was dismissed . Maybe it was an honest mistake But more than likely not. Can I prove he Lied if a lie if you define lie as not telling the truth yes. If you say making a mistake is not a lie than you can never prove anything is a lie. I am sorry I have an abrasive personality sometimes.
I just happen to know from personal experience that there may be a few lazy cops in this area but the crooked ones are few and far between. As far as the personality flaw, I may have they same affliction. I keep trying to get a handicap placard for it but they never bite.
Crooked is very subjective. Most will not take bribes or go out of thier way to railroad innocent people. All people make mistakes some are unwilling to admit it. If a cop Knows another cop is not telling the whole truth dose he sit by and do nothing? Lets say 5% are cooked but 25% know it and do nothing to me that makes 25% crooked . My numbers may be off just a guess but its how I see it.
Some people murder others without even getting issued a summons. How does that work?
They know the right people.
Really?
Refusal to sign a document is a felony?
Where did I use the word felony?
“Don’t sign it go to jail.”
Felony, prima facie
Swing and a miss…
By a mile….
I shall type more slowly for you, in the future.
Refusing to sign the summons is a misdemeanor offense, not a felony. It is still an arrestable offense.
Sorry if an arrest is unlawful it is your duty to resist.
The arrest was lawful…..he refused to sign a summons, which is unlawful…..
Not if they did not have a reason to summons someone. BS. Where is the sticker ? so a cop can make up any LIE they want and arrest someone? I will tell you what if I am no jury duty the cops word will hold no more wait than the accused till the produce evidence.
I was not, nor you, there, but the little info that we are having fun with states the vehicle was stopped for an expired sticker, it was seen by the officer and somewhere in the process the sticker mysteriously disappeared…..I am guessing, but the driver was the responsible party in the infraction, so I guess one can think that the officer saw Mr. Cormier removing the sticker, or he stupidly confessed to doing it or was ratted out by the driver……again, the summons may have been debatable, but in court and not on the JC bridge….refusing to sign the summons, by Maine law is not debatable…
That is spelled “weight”.
Is refusal to sign a summons a felony?
Or a misdemeanor?
Do you think that any activity that is unlawful can result in arrest?
It is unlawful to drive a car with an expired inspection sticker.
Can I expect to be arrested and detained for such activity?
You and David should hook up. You two would make a great couple. Will sit in jail often though because you lack a clue when it comes to basic law.
I personally do not care much about basic laws I care more about basic moral values. I see laws not being enforce the same for all. Cop going over a 100 hits a deer at 92 he gets day off without pay. I would be in the pokie for at least a month for the same offense. I am really a decent person . I can be a bit abrasive call it my INTP personality. I am not afraid to fight for social injustice. The day you or someone you care about gets has a real emergency and see many people just drive by . Like the time On route 1A .You will be glad thier are a few people like me that do not just go with the flow. When I stopped to help the Man 100s of people drove by. Call it the bystander affect the more people around less likely you are to get help. It is not a perfect world By any means . Sometime people take me the wrong way because I am not afraid to question authority. I remember having a talk with my sons teacher and having to explaine to my son Columbus was no hero why Lie about it. Just leave it as he was the one that got credit for finding America. In the day most educated people did not think the world was flat. I do not always go with the flow. Slavery was legal it was the law did that make it right?
The terms felony & misdemeanor primarily are not used anymore to classify criminal activity…..Crimes are classified for the most part using Class E, D, C, B, & A…..refusing to sign a summons is a Class E Crime and when done in the presence of an officer allows for the immediate arrest of the person…..this class of crime can be punished with up to 6 months in jail and a fine of $1000…..what I, you or anyone else “thinks” really doesn’t matter…..it’s the law…..
Huh?
Can I be accused of “felony” littering?
Didn’t think so.
I do believe the only thing you can be accused of can found in this story’s headline….. http://www.worldlawdirect.com/forum/law-news/53939-anchor-s-away-act-felony-stupidity.html….. stay thirsty my friend…..
Actually, in a way you can. If you throw your newspaper out of your car window, and that paper then hits the windshield of another car, blinding the driver and causing a crash where someone dies, I believe that would be felony littering. I imagine that the State would not prosecute it that way.
That would be assault, or reckless endangerment or some darned thing.
Stick to the point.
Can I be arrested for littering?
Or arrested for declining to sign some piece of paper?
Uh, are you actually arguing that unless someone commits a felony, not a misdemeanor, in front of an officer, they can’t be arrested and the arrest is unlawful? Better not quit that day job.
Yes, exactly.
A misdemeanor has no provision for detention.
A felony does.
If my memory serves a Misdemeanor can result in up to a $1,000 fine and/or up to 1 year in jail/prison.
It is a “violation” to drive without an inspection sticker. The State makes this a civil crime so it isn’t responsible for the low income offender’s attorney fees. Under the US Constitution, representation would be required if a fine of $20 or greater was imposed This State ignores parts of the fifth, sixth & seventh amendments. The founders wanted protection from government, not protection for government.
Why is it your duty to resist? You probably frigged up big time to get the cuffs put on in the first place.
You hit the nail on the head when you said probably. (Or your name was not spelled the right way. )
Because like so many instances related to the automobile, it is unconstitutional to make a citizen sign anything.
Yes, they should just shake hands on the whole thing…..that seems to work well….
So you think Maine police are strict?
In ‘many states’, police do not give a grace period for an expired sticker like police in Maine do.
In ‘many states’, police will have the vehicle with an expired sticker,towed,inpounded til it passes an inspection. In Maine, police almost always give you ’30 days past’ grace period and seldom have vehicles towed.
In “many states”, driving with a suspended license is an automatic arrest,tow vehicle,take arrested to jail….NO EXCEPTIONS. It does not matter if it was a suspension for tickets or a paper suspension NO EXCEPTIONS. Mothers with children get arrested and brought to jail in front of their children In Maine, police are almost always just giving a ticket and allowing the driver to have a passenger drive the vehicle or call someone.
Oh, but this is Maine…. Many excuses and exceptions given!!
In some states (Hawaii) they don’t even have an inspection sticker on their vehicles !! States like NH don’t have that dreadful registration fee . (My sister’s new vehicle was over $800 this year !)
While being a misdemeanor offense, committing any misdemeanor in the presence of a police officer is an arrestable offense. Therefore, not signing the ticket is a crime and it is a crime being committed in the presence of a police officer, giving that officer the right to arrest. The reason a person is required to sign a ticket is it is proof positive that the person knows they have been summoned to court to answer a charge. Thats why there are copies of this document kept by officer and sent to the violations bureau or the District Attorney’s office. What would stop an unethical police officer from writing tickets to different people if a signature were not required? In essence, he or she could write tickets to anyone (even people that had never even been stopped) and send them in and tell the court that the person refused to sign the document. Arresting them proves that the person was given a summons and that they refused to sign the document. The small print on the bottom of every summons in Maine explains that signing the document is not an admission of guilt, but is only to provide evidence that you promise to show up in court to answer the charge on the court date. It also clearly states that you can be arrested for refusing to sign. Seems to me like the person should have signed the ticket and fought it in court, possibly with a good chance on winning since his car mate was being a moron. Similar to some of the comments posted in reference to this article. If the reporter has to be pummeled for writing it, why dont you just stop reading the articles.
Is aparagraphical posting a felony or a misdemeanor?
OK, I just made that up…but it could be true.
And that seems to be the important thing around here.
where is the discarded sticker? Falsifying evidence? Now if he did not break the law . I can not see how removing a sticker is breaking the law. It is his duty to resist an unlawful arrest. I would have to say not guilty on all charges if they can not find the sticker n it is just the cops word . Sorry I know for a fact some cops lie.
“where is the discarded sticker?”
Hmmm maybe you should ask Mr. Cormier that question. Let’s see, they were on the JC Bridge, river below….maybe he tossed it over the railing.
~~~~
“Falsifying evidence? Now if he did not
break the law . I can not see how removing a sticker is breaking the
law.”
Title 17-A: MAINE CRIMINAL CODE Part 2: SUBSTANTIVE OFFENSES Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§455. Falsifying physical evidence
1. A person is guilty of falsifying physical evidence if, believing that an official proceeding as defined in section 451, subsection 5, paragraph A, or an official criminal investigation, is pending or will be instituted, he:
A. Alters, destroys, conceals or removes any thing relevant to such proceeding or investigation with intent to impair its verity, authenticity or availability in such proceeding or investigation
http://www.mainelegislature.org/legis/statutes/17-a/title17-Asec455.html
Hope that helps you understand the charge.
~~~~~
“It is his duty to resist an unlawful arrest.”
Sorry but the arrest was lawful
~~~~~
“I would have to say not guilty on all charges if they can not find the sticker n it is just
the cops word . Sorry I know for a fact some cops lie. ”
Well I guess we can only hope that you are never called for jury duty as it is abundantly clear that you could not view the evidence in an impartial manner.
Is a cops word worth more than the accused word?
Well since Bangor cruisers have dash board cameras that turn on when they activate their lights and the officers are wired with mics and the interaction form beginning to end is recorded then I would say…Yes the officers words are going to carry just a bit more weight when the tape is played back.
There is no way that the officer activated the lights before being at least parallel with the on coming vehicle. Therefore, I highly doubt there is any visual evidence.
JD2008jd—either way, you know that the courts dont want to waste their time with this and without some shred of evidence they wouldnt even try. Did this guy just happen to have a straight razor blade to scrape the sticker off, discard it, all before stopping for the officer?
I sure the guy probably did all the things he’s accused of doing and there’s no doubt it was a legit arrest. My point is that the ADA will be chomping at the bit to plead this out…
Why would one scrap off an expired sticker? Still the same crime either no sticker or expired one? Why would a cop even care? Wright the guy for no sticker. A just as likely story with out any prof is the cop is lying .
Right.
Now let me get this straight….How, exactly, does one patiently and diligently scrape off an inspection sticker, under the watchful eye of the cop?
And then, under the same watchful eye, destroy the evidence?
When the blue lights of the police cruiser are activated, the video recorder actually goes back several minutes and preserves that video (can’t recall if its one or two minutes). This function of the video recording system is to address exactly the problem you identified.
In my trial the tape contradicted the cops statement The Da said as you can see the tape did not show it . Could it also be the cop lied? with was more likely? Who knows ?
David what you just posted makes no since.
The “tape contradicted the cops statement” but the “Da said as you can seen the tape did not show it”.
My point being if the tape showed something different that the cops state said the DA. would say something like from this angle it looks like and the tape just did not show it. I just wish the court system would stick to the facts . like in the Brownville mother case when Almy brought up abuse and then went to say something about child molesters. A lot of people think more with emotions than facts. Sometimes a play on emotions can influence a juries decision. I would depend on the personality of the jury. Most people are not leaders they are followers. Most people do not question authority. I kinda think she was guilty but bringing up the child molesters and abuse in the closing statement is uncalled for. I have seen with my own 2 eyes underage drinking around law enforcement family before no and one ever charged. Not like almy has not refused to prosecute many cases before . Like when Harrington would bring them in. He was accused by Donnie Donnie bragged about the mess he made a master munipulator . So are some of the DAs If you have been in law enforcement them you have an Idea might what I am talking about. Most people will not.
We played the tape in court . It did not show things the cop said. Just saying the cop is almost always more believed . In that case I was guilty and found guilty . My point is they do not always stick to the facts and try to sway juries opinions . It is just as likely the cop was lying as it is the tape did not show what he said . Because you are the cop you a presumed to be the one telling the truth in court. It is not always the case almost all people LIE its human nature.
C’mon JD, I expect more of you.
What, exactly, is the felony?
The transgression warranting detention?
An expired inspection sticker?
Oh yeah, jail.
An alleged removal and destruction of said sticker?
Yeah, jail.
Cool Hand Luke is laughing at you.
Uh, are you actually arguing that unless someone is committing a felony in front of an officer, they can’t be arrested if the crime is only a misdemeanor?
Yes
“What, exactly, is the felony?”
Who said anything about a felony?
~~~~~
“The transgression warranting detention?”
The refusal to sign the ticket.
~~~~
“An expired inspection sticker? Oh yeah, jail.”
Nope,
~~~~~
“An alleged removal and destruction of said sticker? Yeah, jail.”
Nope
~~~~~
“Cool Hand Luke is laughing at you.”
Nope, I think Cool Hank Luke is ROFLOL that someone would rather go to hail than sign a ticket.
Have you actually seen the movie?
Are you telling me that declining to sign a piece of paper is an arrestable offense?
What, exactly, does my signature mean under such duress?
It is a promise to appear on the date indicated. It is not an admission of guilt. If you do not sign it you are saying I will not appear. That means you are arrested and your get bailed. Then you bail money is your promise to appear. If you do not appear, you forfeit that money to the court.
The reason he was arrested was he refused to sign the ticket. “By signing this ticket you are not making an admission of guilt but a promise to appear on the date and time indicated.”
When he refused to sign his promise to appear became his bail money.
OFF SUBJECT . Might have been caught on dashboard camera ? I am only going by what the paper says. Show me the film of the guy taking the sticker off and I might change my opinion. I do not think it would change MR. ALMYs or MR.Roberts. He say something like that proves nothing the camera dose not show it you can tell the man is lying just look at him. Juries can be emotional and not look at just the facts PSY101.
I would view evidence Much more fairly than most. I would not assume one persons word is more right because his position . I would want to Know the facts . When MR. Almy brings up child molester in a case of underage drinking for no reason I would assume he has his own agenda and HE lost all credibility. Knowing that he choses what cases to prosecute and what cases not to. Like Him refusing to prosecute any case MR. Harrington the Oldtown cop would bring to him Because the Man was wrongly accused. I do not know the Brownville woman yes she should have been punished but he should be too for the injustice that he has been a part of. Why let guilty people cop because of politics and try to ruin a wrongly accused mans Life? I do not forget some things even when if it was 25 years ago. & charges the right thing to do would have maybe picked a few charges that would not have carried a long sentence . Now that Kid will have to suffer without a mother no matter how good or bad she may have been. I will bet you money the kid LOVES her mother and would do much better with her than in a foster home. She will grow up to hate the JUSTICE system that dose not treat all people fair. Sorry I see things much differently than you do. It dose not make YOU or I a bad person. I try to look at facts sometimes I am wrong and I will be willing to admit it . To make an example out of someone for political reasons is JUST WRONG.
Too bad the cops can’t look for real crimes to stop. This was a waste of taxpayer money.
read the bottom of the ticket it says you promise to appear
Did the cop find the sticker if not let the man go it is his duty to resist an unlawful arrest. Bs. give the guy driving a ticket for no sticker get over it.
Title 17-A: MAINE CRIMINAL CODE Part 2: SUBSTANTIVE OFFENSES Chapter 19: FALSIFICATION IN OFFICIAL MATTERS
§455. Falsifying physical evidence
1. A person is guilty of falsifying physical evidence if, believing that an official proceeding as defined in section 451, subsection 5, paragraph A, or an official criminal investigation, is pending or will be instituted, he:
A. Alters, destroys, conceals or removes any thing relevant to such proceeding or investigation with intent to impair its verity, authenticity or availability in such proceeding or investigation
http://www.mainelegislature.org/legis/statutes/17-a/title17-Asec455.html
The driver was likely going to receive a warning and told to have his vehicle inspected before the end of the week.
So you think Maine police are strict?
In ‘many states’, police do not give a grace period for an expired sticker like police in Maine do.
In ‘many states’, police will have the vehicle with an expired sticker,towed,inpounded til it passes an inspection. In Maine, police almost always give you ’30 days past’ grace period and seldom have vehicles towed.
In “many states”, driving with a suspended license is an automatic arrest,tow vehicle,take arrested to jail….NO EXCEPTIONS. It does not matter if it was a suspension for tickets or a paper suspension NO EXCEPTIONS. Mothers with children get arrested and brought to jail in front of their children In Maine, police are almost always just giving a ticket and allowing the driver to have a passenger drive the vehicle or call someone.
Maine is in the minority of states still doing mandatory annual safety inspections. The rest have seen it for what it is….a horrible system to benefit unscrupulous garages. Many Mainers, including myself, are totally fed up with this stupid state system. The occupant of the car in the article apparently knew that the fine for an expired sticker is greater than the fine for having no sticker, which is also stupid. So he took it off. Now the dumb cop cites him but not the owner of the car with no sticker. Only in Maine can this kind of crap occur. I can’t wait to find an opportunity to get out like so many of my friends. There is a reason there has been almost no population growth in the last 75 years in Maine and the average age is the oldest in the Nation. Anyone with a half a brain leaves.
Some states for an inspection sticker put vehicles on sophisticated machine to test emissions coming from the exhaust.
I lived in such a state…and those tests are nowhere near as bad as the inspections here.
I lived in such a state…and those tests are a nightmare. easy vehicle inspections in maine is one of the best things about maine ………..and i seldom have something good about this state
So when are you leaving?
In West Va. a burned out headlight is good for $150 ticket…..No defect cards down there. And a .05 bac is an automatic loss of licence for no LESS than 6 months. And at .08 its for a year…..no exceptions…..and thats for a FIRST offense. And a “bad” sticker down there will cost you about$2000 when its all said and done from the impounding of the car,the fine and so on….no “grace” period on stickers either…..and folks want to complain about how easy going Maine is when it comes to things like this……
A felony is a transgression that can carry a penalty of detention.
A misdemeanor is a trangression that has no provision for detention. A fine, maybe.
What we have here is a blatant case of false arrest, and false imprisonment.
wot.?..
Nothing false about it.
He refused to sign a promise to appear in court. When you refuse to sign the next step is arrest and bail. The bail money is now the promise to appear . If he fails to appear then, he forfeits the money he put up for bail.
Title 17-A Section 15 (Warrantless Arrests Statute) 1.
Except as otherwise specifically provided, a law enforcement officer may arrest without a warrant:…. B: Any person who has committed or is committing in the officer’s presence any Class D or Class E crime.
Time for all “Jailhouse Lawyers” to weigh-in!
And we all do it pro bono publico…..you’re welcome……
My buddy makes his own inspection stickers with the proper colored construction paper and a sharpie. He has been doing it for years. You have to be right on top of it to notice that it is fake. I run farm plates myself.
Heck yea!
I did that all 3 years of college, couldn’t afford a vehicle that would pass inspection.
Inspection sticker tickets are nothing more than an impromptu “tax” increase here in Maine, or an excuse for a cop to pull you over and nose around. Cops being nosier than the old biddy next door by nature.
My comment I made has to be approved so I must of said something wrong! Ill shorten it up! They inspect cars for reasons people ones that if you think about it are good reasons i know it blows having to have it done but this way it makes numbers of poopy cars on the road coming apart in front of you or crashing into you. Id rather not be behind a car that falls off its frame cuz it never was inspected. Guess Im the only one who thinks that way
Yes that is a great Idea . but when you have to drive 20 miles to get to your part time job paying $7.50/hr you can not afford a new car. Guess that is why its easier for some to live off the state.
BTW BDN my other comment had NO bad words in it or nothing why does it need to be approved? I have seen so many on here that were way worse!!!!
signing a ticket has it’s own legal issues… That is why they force you to sign it. It makes you agree to enter the corporate court system, rather then the constitution court.
If the state was not taking money at every chance it had Ie the stupid inspection sticker this would not be a issue. It is also not falsifying evidence tampering maybe. Just goes to show while the drug addicts are robbing homes to get every piece of copper pipe they can Drunk drivers all over and pedophiles who seem to be hiding under ever stone the police are on those inspection stickers as they bring in money catching the criminals does not…..
People should refuse to sign malicious tickets.
Make the police take them to jail.
If enough people did this.
Police would soon stop using their power to steal money from innocent motorists.
Because that is all it is.
Stealing.
But people will not.
They will just roll over and take it.