| Follow up on I received a traffic citation tonight.
Just thought I would give everyone an update on what I have found out since
my initial post. First of all many thanks to everyone who has helped by
pointing out the appropriate Arkansas law concerning my case, and all the
positive reinforcements I have received.
As far as information I have received so far, I have talked to my cousin,
who is a Probate lawyer here in town, and just so happens to belong to the
same bike club as me. He pretty much tells me I have two different
directions to go with this case. He said he can more than likely get the
ticket taken care of on the QT if I want to, but he would kind of like to
play it out to the end just to make a point. But then he also advised like
many others have, that I have to live in this town and I probably don't want
to be making too many enemies in high places.
I also emailed a district judge who is in our riding club at the advice of
the head of our bike club. I did receive a reply from him that was somewhat
restrained, but could be interpreted as very positive. It seems that if
this case were to go on appeal, it would most likely come before HIM. I
didn't realize this when I sent the email. Therefore he said he couldn't
really give any advice on how to handle my particular case, but he did
advise me to look up the law concerning bicycles in Arkansas, and to plead
not guilty when I come to court and present my case. Then he sent me a
second email, which quoted the same law 27-49-111, which everyone else has
cited. It certainly couldn't hurt to have a case like this to go before a
bicycling judge on appeal LOL.
I have also been in contact via email with the Arkansas Bicycle club. The
president of that club replied and told me he was going to forward me email
to a couple of lawyers they have in their club and get their take on things.
I have not heard back from him since then.
I also emailed the head of our local parks and recreation department here in
town that is also in our bike club. He expressed a lot of interest and
wanted all the pertinent information on the ticket. He implied he was going
to make some contacts of his own downtown.
My court date is currently set for 10 December 2003 so I have some time to
do some wiggling before things have to come to a head. As things stand now,
I believe my approach is going to be something like this. I am going to
approach the Chief of Police here in Jonesboro, probably with my cousin, or
some other legal representation at my side. Present him with my story, and
ask him to clean this entire mess up. Part of the agreement to clean it up
would have to be the young officer properly educated on what Arkansas Law
has to say about bicycle rights and responsibilities.
If the Chief is unwilling to make things right, then I suppose we are going
to go to court and rock and roll. The main point being, if humanly possible
I don't intend to have to pay any kind of fine related to this citation.
Really the only question would be the actual citation itself. Disobeyed a
police officer.
"27-49-107. Obedience to police officers required.
No person shall willfully fail or refuse to comply with any lawful order or
direction of any police officer invested by law with authority to direct,
control, or regulate traffic."
Now in reality this is also a false charge in and of itself. I did not
willfully fail or refuse to comply with his order or direction. As a matter
of fact as soon as he ordered me only the sidewalk, and I realized he was an
officer ordering me there I got on the sidewalk. And when he was speaking
over the PA, he never did say how long he expected me to stay there. Then
you are going to have a great big question about whether or not it was a
lawful order. And I am going to argue to the best of my ability that it was
not a lawful order.
You know, here I am on the eve of being Forty years old, and all of my life
I have done my best to be a law abiding citizen, who gave the utmost of
respect to those charged with enforcing the law. In my life of driving, in
at least half of the states in the Union, I have received only ONE traffic
citation in my life and that was for speeding, and that was honestly caused
by a malfunction of my speedometer which I had repaired after I received the
ticket. Really not a bad record for someone driving over twenty years, but
I digress. Incidents like this cause a law-abiding citizen like myself
really question where they put their trust. Would I really want to have to
trust that little pimply pip-squeak cop with my life? As someone who served
six years in the US Navy, I found it was usually the Johnny Bad Asses who
were the first to turn tail and run when the **** hit the FAN. I just
really have to ask myself, how my of "our boys in blue" are like the young
officer I ran into that night? I honestly don't know, but I sure do hope It
isn't many.
Dan
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