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Rosco O'Neal, a 78-year-old great-grandfather, drove to the Winn-Dixie one recent afternoon for a couple of steaks. He got the steaks but walked straight into a county sting operation that left him with a $1,010 fine and a minivan in the impound lot.
The charge: driving a cab without the proper permits.
O'Neal got caught up in one of 124 sting operations conducted by Miami-Dade's Consumer Services Department in the past year, the purpose of which, the county says, is to enforce consumer protection laws and business regulations.
He was charged with violating sections of the Miami-Dade County Code that require a special license and chauffeur's registration for anyone using a for-hire motor vehicle on county streets.
''Yes, he's 78, and he may be trying to make an extra buck, but we have to think of public safety,'' said CSD spokeswoman Sonya Perez. Drivers must have ``proper background, valid licenses and insurance.''
THE SET-UP
Here's how it went down, according to O'Neal and Perez:
As O'Neal walked toward the store, a woman at the entrance asked if he ``knew anyone who provided transportation.''
''If you're still here when I get out, I'll take you,'' he told her.
''How much are you going to charge me?'' she asked.
''Whatever you want to give me,'' O'Neal said, and went to do his shopping.
She was Betty Rivera, a data entry clerk for the Miami-Dade County Consumer Services Department, working undercover this day.
She was there when he came out. So were three CSD enforcement agents, watching from a distance. A Miami-Dade police officer was nearby.
According to O'Neal, Rivera approached him and spoke first: ''Hey, did you forget me?'' she asked. ''Yes, I sure did,'' he said.
According to Rivera and the CSD officers, he approached her: ''Are you ready?'' he asked. ''Yes,'' she said.
Both agree she then asked how much he was going to charge her. ''Six dollars,'' he said at last.
There was no conversation during the ride, and she got out very quickly.
''I turned right around, back on 27th,'' he said. ``I got as far as -- I can't think of the name half the time -- McDonald's. Then I saw the lights blinking and pulled over.''
O'Neal had gone down.
Department rules prevent Rivera from commenting for this article. Statements attributed to her are taken from her testimony at an administrative hearing for probable cause.
In a follow-up e-mail, Perez, the CSO spokeswoman, added: ``While we are concerned for the welfare of the general public, we are also looking out for the well-being of Mr. O'Neal. It's very risky business to allow strangers into his vehicle. Not to mention any liabilities he might be subject to if a passenger in his vehicle is injured.''
The ''gypsy cab'' phenomenon is big in South Florida. Dan McCarthy, president of the Broward Alliance of Cab Drivers, estimates there are a few hundred unregistered drivers in that county. Diego Feliciano, president of the South Florida Taxi Cab Association, says Miami-Dade has its own problems, particularly in Homestead and Opa-locka. Drivers of gypsy cabs don't pay the insurance premiums and licensing fees that registered drivers must. With lower overhead, they can afford to undercut the registered drivers.
''It's a public safety issue, among others things,'' Feliciano said. Registered vehicles must pass safety inspections, and drivers must pass background checks. ``When you get into one of these unregistered vehicles, you don't know any of that.''
STRANDED
''How am I going to get home?'' O'Neal asked, standing out on the side of the road with the CSD agents while his red 2002 Dodge Caravan was on the way to the impound lot.
The agents offered to call him a legal taxi, but O'Neal didn't have money for the fare. Instead he called his niece, and they waited with him until she arrived.
O'Neal didn't happen to have $1,010 handy on his person, or at all. He's pretty sure he spent his $6 at the dollar store. On what, he doesn't remember.
He and his wife get by on Social Security and the $100 a week he gets for taking care of another retiree's house.
His boss eventually paid the fine, but by then $419 in storage charges had accrued.
That might have been the end of the story -- except O'Neal's boss is a retired lawyer with connections. A lawyer named Ellen Novoseletsky has taken his case pro bono and intends to fight the CSD fine before a county hearing officer, using an entrapment defense. The law was being misapplied, she said.
'It basically sends the message, `Don't ever help anyone.' ''
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our judicial and municipal systems are going way too far now days. was completely tricked, entrapped, and STILL charged wrong. a righteous dead bites him in the ***. the last bolded line sums up what happened to this poor old 78 year old man who was trying to be a good samaritan.
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Last edited by SideOfBacon; 06-03-2008 at 08:11 AM.
It's a pretty sad statement on our current society. If those cops really are hell-bent on enforcing that law that old guy should have received at most, a warning. I mean if they were in it for his safety and to do a service to the community. Instead they really were trying to get $1,500 bucks from a retiree, disgusting.
This is a common phenomena in the Baltimore area... I guess it has to do with the cost to get a cab license... lat i heard it was upwards of $20k....
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Every business has to pay the vig. This old guy is no exception. If he was only in it to "help people" he would have done it for free. Economic benefit = business.
I do agree w/the sentiment that the 'we're looking out for the people' stance by the city is BS. They're looking out for their lost revenue.
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I pity those poor suckers on the freeway. Gas brake honk. Gas brake honk. Honk honk punch. Gas gas gas. - Homer J. Simpson
Every business has to pay the vig. This old guy is no exception. If he was only in it to "help people" he would have done it for free. Economic benefit = business.
I do agree w/the sentiment that the 'we're looking out for the people' stance by the city is BS. They're looking out for their lost revenue.
if he was looking out for the people they wouldnt have fined him 1100 bucks plus another 400 for the impounded vehicle. when first asked he didnt really care about the money, and then she reasked and thats when he stated 6 bucks. gas aint free. 2 thats a gallon and a half to drive her a$$ home. i would do it for free myself, but if they offered money i would snag a few bucks as well. gas aint free my man.
I don't feel sorry for people that break the law. It's the law obey it. I never get pissed when I get tickets because I know it's my own damn fault.
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I don't feel sorry for people that break the law. It's the law obey it. I never get pissed when I get tickets because I know it's my own damn fault.
since when is there a law about being a good Samaritan and driving someone home who has no transportation. I hope your *** ends up stranded in the middle of nowhere someday.
If you honestly believe this guy was just being kind, well, I've got a bridge I'd like to sell you.
You can bet your *** if he was caught in a sting they targeted him. Sting operations aren't set up to just randomly ask some guy on the street where the lawbreakers can be found.
Police: "Hey, let's round up the sting crew and go hand out in front of random markets. We're bound to come across someone breaking the law that way."
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I pity those poor suckers on the freeway. Gas brake honk. Gas brake honk. Honk honk punch. Gas gas gas. - Homer J. Simpson
If you honestly believe this guy was just being kind, well, I've got a bridge I'd like to sell you.
You can bet your *** if he was caught in a sting they targeted him. Sting operations aren't set up to just randomly ask some guy on the street where the lawbreakers can be found.
Police: "Hey, let's round up the sting crew and go hand out in front of random markets. We're bound to come across someone breaking the law that way."
umm... actually they do. they find a common ground for such happenings and sit and wait. ever seen prostitute stings done on dateline and such. its a sit and wait game until they get a bite.
I read somewhere, that the Miami-Dade police is the area where most of the Cops shows were filmed, and also from what I understand......a very bad area of crime.
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since when is there a law about being a good Samaritan and driving someone home who has no transportation. I hope your *** ends up stranded in the middle of nowhere someday.
Don't get me wrong if he was just helping someone out and wanted gas money due to gas prices then I'm OK with it. What I am not OK with is people breaking the law, even dumb **** like being 5 miles over the speed limit then complaining about it. Especially people that get parking tickets. Have you ever seen that show parking wars about the Philidelphia Parking Authority. All those people get pissed becaus they got a ticket, no **** you got a ticket you parked in a no parking zone.
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Don't get me wrong if he was just helping someone out and wanted gas money due to gas prices then I'm OK with it. What I am not OK with is people breaking the law, even dumb **** like being 5 miles over the speed limit then complaining about it. Especially people that get parking tickets. Have you ever seen that show parking wars about the Philidelphia Parking Authority. All those people get pissed becaus they got a ticket, no **** you got a ticket you parked in a no parking zone.
not complaining about tickets. due the crime, pay the fine. i agree. but he was from what I can tell and the interview video, seemed like he was trying to be a good Samaritan and at almost 80 years old... does he really have the money for a 1500 ticket/impound? healthcare alone im sure has him broke, know when too far is too far municipal programs!
since when is there a law about being a good Samaritan and driving someone home who has no transportation. I hope your *** ends up stranded in the middle of nowhere someday.
+2
i'd never hesitate to give a non-shady looking woman a ride if she had a good reason she needed one and it wasnt out of my way. ie, "my boyfriend just hit me, can you take me to my mother's house, its 10 minutes away. he has my car keys."
Devildog, the complaints are warranted when the put bs speed limits in areas just to raise ticket revenue not because that is the safe speed for that road. Make tons of no parking zones and goofy times with huge towing and storage costs...no no that not a reveune generater....no no leave the target selection process up to those impartial never a chip on their shoulder cops. They would never abuse that power!!!!