Forum Discussion
patperry2766
Dec 02, 2017Explorer II
DiskDoctr wrote:SDcampowneroperator wrote:
So if you have a broken taillight, or any infraction they can substantiate, they can.
Uhm...NO!
Please cite where obtaining permission to drive requires permanent waiving of 4th Amendment Rights.
Read my two previous posts on pg 6 then. I quoted directly from State of Texas, but I'm sure that most states have something similar. In addition to the States, the IRS can fine you $1000 if you refuse and impound your vehicle until they test the fuel and can prosecute you for tax evasion if they so choose. It might be your vehicle, but it's not your road.
I don't have a dog in this fight because I don't have a diesel, but SEC 162.009 seems pretty clear to me. I really don't think a person living in a big city has anything to worry about. It's more of a risk for someone living is a ag area, at livestock sale barns or anywhere there would be more red diesel used in farming or ranching.
You might be able to get out of it with a good lawyer, at $200-300 an hour, but but I had read several ag blogs on this before I originally posted, and several people had commented that they had either gotten caught themselves or knew of someone who had. $5-10K later is how it was resolved and even a couple got the IRS involved and nearly lost their farm, a felony conviction for tax evasion & fraud, and prison time.
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