Let’s just call this a display of “Flexing the Authority Muscle”

(Recent updates are at the end of this post.)

There I was, just doing my thing on RR 620 in Lakeway, TX. It was just like any other event I had held, standing beside the road and holding my Speed Trap Ahead sign. As usual, I was getting honks and waves as people passed by. Then officer James DeBrow pulled up along the side of the road behind me.

He started by saying that he thought I was broke down, but he then saw that I was holding a sign. So, obviously, he didn’t decide to stop because I was causing a problem of some sort, like he would say later in his conversation.

When he asked what was going on, I stated that I was just “exercising my right to free speech, as guaranteed by the Constitu…” But then, he interrupted by asking me for some I.D. He wasn’t interested in hearing what I had to say. (Duh!) Then I threw him for a loop by reaching into my pocket and pulling out a red business-type card with my name, address, and date of birth. He said, “No! I need your I.D.” I told him that since I wasn’t operating a motor vehicle, I was not required to show him any type of I.D. He again demanded that I show him a picture I.D. And again, I refused. He told me that I was required to identify myself; I once again told him that I WAS identifying myself. “Here is my name, address, and date of birth, sir” He didn’t like it; but, he accepted it and went back to his cruiser.

Meanwhile, a couple of people approached me for a chat. One was a young man named James that had just a few days earlier posted a comment to the SpeedTrapAhead.org forum. In the forum, he stated:

“I saw you standing on RR620 just after 7 o’ clock. I completely support what you’re doing (being a victim of Lakeway police one too many times.) I appreciate it and I go to the highschool here in Lakeway. I’ll definitely promote to get your message out there.”

After a brief chat, he said that he intended on making a donation while on the site, but hadn’t yet. To my amazement, he pulled out $10 and said, “I know it doesn’t go a long way, but I just wanted to help out…” THANKS JAMES!

The other fellow was just asking general questions. I think he may actually have been an employee from the bank, coming to scope out the situation.

I could go on and on about all the details; but, In the end, I DID receive a ticket for “§ 544.006. DISPLAY OF UNAUTHORIZED SIGNS, SIGNALS, OR MARKINGS.” They were grasping at straws, and this is the ONLY statute that even possibly could be used against me. I’ve already plead not guilty and requested a jury trial. It’s VERY likely that the ticket will be dismissed because of part (d) of that statute that states: “(d) This section does not prohibit a person from placing on private property adjacent to a highway a sign that gives useful directional information and that cannot be mistaken for an official sign.” I hardly think that a guy holding a particle-board sign on the side of the road would be mistaken for an “official” sign. If it were to go to jury trial, and I were to win, that would set a precedent that they wouldn’t want. So, it’s in their best interest to dismiss the ticket. They will, however, be able to ticket me every time I hold up my sign, just to inconvenience me — which they WILL do, I’m sure. But, hell, it gets me web traffic!

I wasn’t fully prepared for the barrage of police attention, and didn’t have my video camera set up ahead of time. I DID, however, record all of the audio to the web with my phone. I later received the audio/video from the cops dashcam, and was able to re-edit the videos so that you could hear both sides of the conversation and everything was more clearly understood.

Anyway, watch the video and comment on what you think. I had to split it into three parts to be posted on YouTube.

Interesting parts are at:

Video #1 – 2:10, 6:03, 7:10

Video #2 – 4:24, 7:30, 9:11

Video #3 – 1:48, 7:30

Update (04/29/08): I recently received the dashcam video from Sgt. DeBrow’s patrol car. The videos below have been re-edited, so that everyone can more clearly understand what transpired, and to be able to hear BOTH sides of the conversation clearly.

Update: (05/22/08) I went to the arraignment a couple of weeks ago. The prosecutor stated that he didn’t really know what the ticket was about. But then I started explaining about SpeedTrapAhead.org… then he suddenly knew what was going on. Obviously, there had been discussion of my sign holding prior to that day.

He asked what I thought should happen. I said I thought it should be dismissed because… He then interrupted with, “Well, That’s not gonna happen.”

“Well, then sign me up for a jury trial“, I said. And that’s where we’re at. I have a a pre-trial hearing on June 13th.

I really don’t think that this will actually go to trial. I think this is just a delay tactic to give me a little time to “get scared” and bargain my rights away. Now, I can say, “Well, That’s not gonna happen.”

The prosecutor doesn’t want to drop it because that’ll put out the message that it was a bogus ticket and it’s okay to hold my sign. On the other hand, if it goes to trial and I win, a precedent will be set saying that it’s absolutely not against the law to hold my sign. Either way is okay, as either ruling will have basically the same effect. There is NO WAY Joe Citizen would think my sign is an official traffic control device.

Anyway, I’m just waiting, and getting my stuff together. (And, I DO have PLENTY of stuff I’m putting together.)

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UPDATE: (June 13, 2008) Jury Trial is now set for July 11th, at 1:00 pm.

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UPDATE: (July 11, 2008) See THIS POST.

Clicks on any adsense link that interest you would greatly be much appreciated.

Also, Please check out THIS video of a PLEASANT encounter with a LEO.

State police embrace electronic ticket system

Many motorists know the age-old speeding ticket routine – get pulled over, wait at least 10 minutes for an officer to write a barely legible citation and hope to remember to mail a check within 15 days.

But fumbling with carbon copies and postage stamps might soon be a thing of the past. By the end of the month, the Maryland State Police, which issues a third of all speeding tickets issued in the state, plans to deploy an electronic citation system, and law enforcement agencies in almost 30 other jurisdictions have expressed interest in doing the same, police and court officials say.

The agencies are following the lead of New Carrollton, whose police department in December became the first agency in Maryland to become certified by the District Court to issue e- citations. The state police – which issues almost 500,000 of the state’s 1.5 million traffic tickets a year – received certification Wednesday, said Roberta Warnken, assistant chief clerk of the District Court.

Police and court officials say the electronic system is more accurate and efficient, and decreases the time officers spend on traffic stops, which can be time-consuming and dangerous. Advocates dismiss concerns that the new system will lead to police issuing more tickets, saying agencies can instead free officers for more productive functions.

“If we’re not taking the time to write citations, we can be more proactive and prevent why we’re giving citations out in the first place,” said Cpl. Chris Corea of the state police, who developed the agency’s software.

Maryland is catching up with much of the country. In 2003, almost 30 states had an e-citation program or had begun implementing one, according to a federal assessment.

In May, Gov. Martin O’Malley signed a bill authorizing electronic citations and removing the requirement for a violator’s signature to acknowledge receipt of a ticket. The law requires a standard form for e-citations throughout the state and certification of software programs by the District Court.

One hurdle has been cost. Local agencies keep none of the $90 million a year the state collects in traffic revenue, and instead must rely on departmental funds or grant money to make the move to e-citations. The cost of equipping a state police cruiser is about $1,000, Corea said.

“The first thing that everybody said is, ‘Who’s going to pay for it?’” said Sgt. Richard Hartnett of the New Carrollton Police Department.

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Greenville, Mississippi police officer Andy Ozbun is one of several officers working to catch speeders around town.

Putting the pedal to the metal on the streets of Greenville isn’t likely to get you a checkered flag, but it will increasingly get you a checkered driving record.

The Police Department has been flashing the blue lights with greater frequency recently in an effort to curb speeding on city streets.

“We have picked up on issuing citations,” said Lt. Andrew Kaho.

Kaho said the increase in speeding tickets is not the result of a Police Department crack-down – just individual officers trying to make sure everyone drives safely.

“We have not really cracked down on it,” Kaho said. “We’re just enforcing the law.”

Kaho denied that the city has implemented a zero-tolerance policy on speeding.

That goes against what several motorists told the DDT they heard from police officers during recent traffic stops.

Several Greenville drivers contacted the DDT recently to complain about being ticketed for driving at speeds they claimed were only slightly over the limit. Some motorists, including one DDT employee, said the officers who pulled them over told them the city has instituted a zero-tolerance policy on speeding.

But Kaho said there is no department-wide policy.

“Right now, tickets kind of are at the officers’ discretion,” he said. “The chief has not made it zero-tolerance as of this moment. But we do encourage citizens to obey the speed limits within the city of Greenville.”

Municipal Court Clerk Gwanda Wilson said she’s noticed an uptick in the city’s enforcement of speed limits.

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