| Re: Follow up on I received a traffic citation tonight.
I want to thank you for moving forward with this. Too many people would
just swallow it and forget about it.
Moving forward with this is important to teach the young officer, and the
other officers who are watching, that they are liable for their actions,
that they cannot talk and act however they want to, just because they have a
badge and a gun. They serve the public, they aren't supposed to bully the
public.
It is also important that the rights of cyclists be upheld. If a policeman
doesn't know the law concerning cyclists we are in bad shape.
Please don't be discouraged by some people in the newsgroup, I am certain
the majority are solidly behind you.
Let us know what happens.
"dlakey" <dlakey@NOcox-internetSPAM.com> wrote in message
news:vqhbrggvg3r6cc@corp.supernews.com...
> 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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