Alas! I am Guilty of violating Texas Transportation Code 544.006!
Yea… Well, it had to come to a decision sooner or later. And that decision was that I was “Guilty” of violating Texas Transportation Code 544.006 .
You know, when I first got this ticket, I thought, “It’ll never fly!” How could they be issuing a ticket under that statute for holding a homemade cardboard sign. That part of the law is really meant to keep people from erecting their own signs that are meant to appear as a real traffic sign. For instance, the farmer who made and installed fake speed limit signs on the road by his farm. And, this sign — another example of what the law was intended to prevent.
But, when I’m being a little defiant (okay, a lot), and the cop is being… well, a COP… You can expect that things are going to get a little hairy. Ask me a question, then interrupt me mid-sentence to demand identification… Well, That’s just rude. Be rude, and expect others to treat you accordingly.
Anyway, there’s not much to say about the outcome, except that there ARE some plain and simple facts that I would like to make known about the whole thing:
The court found me guilty of violating a Texas statute;
The judge will let the prosecutor play a video and make comments and pose questions throughout; but, he won’t let the defense replay portions of the same video during cross examination;
The slower Officer DeBrow draws a sketch, the more overtime everyone gets paid;
Witnesses can outright LIE so long as the jury doesn’t know otherwise (and it’s hard to disprove some things when the judge won’t allow you to replay part of a video);
The bailiff can take catnaps while the jury deliberates;
I need more practice at being my own lawyer;
AND,
The “Thin Blue Line” DOES exist!
So, all in all, everything’s cool now. The jury cut my fine by 65%! (Because I requested the jury determine the fine amount, not the judge.) There WERE additional costs associated with the jury trial. Overall, I paid more than if I’d just rolled over and taken it. But it was worth it. I got to participate in the system — something far too few people take advantage of. And, I learned alot along the way. The main thing being: I need to redesign my sign. I’ve got some good ideas already. Obviously, it’s gotta be something that doesn’t even come close to resembling a traffic sign. Easy enough — How about the profile of a police car, with “Speed Trap Ahead.org” all in one line down the side of the car?
I’ve always found that “You almost never get PAID for learning something; You seldom learn something for FREE; and, There is usually a cost, of some sort, associated with learning.” I don’t mind paying for my education. In fact, I consider the price I paid for the multitude of things I learned to be quite a deal!
I wonder what new things I’ll learn from my next encounter?
Be careful out there! Drive safely; and, Pay attention to your surroundings.
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July 24th, 2008 at 7:03 pm
this is complete bullshit :/
July 27th, 2008 at 6:37 pm
why are you doing this its a waste of time and that money that they get from people blaintly breaking the law goes in to your community. also you standing out there seems to make driving even more so of a hazard since people clearly have enough distortion’s since they cant seem to follow such simple laws. just my .2 and i guess im just curious as to why it seems like you must have gotten a ticket and cant get over it.
July 28th, 2008 at 1:52 am
Ryan… To address your comments:
I am “doing this” as a hobby, because it interests me, promotes discussion among those interested, keeps people on their toes, etc. As for being a waste of time… so is building model ships, or painting pictures, or [insert most any hobby/pastime here].
No, my TAXES go into the community. Money derived from law enforcement efforts goes right into the agencies that issue/enforce the tickets.
If one person standing beside the road is a dangerous distraction for someone, then they shouldn’t be driving. There are hundreds of “distractions” when driving: Animals, other motorists, signs, red lights, emergency vehicles, sunshine, radio, cell phone, screaming kids, hot babes walking, good looking hunks biking, billboards, lemonade stands, garage sales, accident scenes… The list goes on. If someone can’t deal with a distraction safely, then they have a problem with their driving skills, or lack thereof.
Yes, I DID get a ticket. But, I don’t understand why you think I “can[']t get over it”. Sure, I AM irked at the way some things transpired; however, I participated in the system (as anyone has the right to do). I lost and paid my fees. And, I learned much valuable information along the way. End of story. On to other things.
Now, some comments for you (actually, just WORDS to think about): spelling, punctuation, context, capitalization, contractions, math/money expressions, paragraphs, and vocabulary (to name a few).
August 1st, 2008 at 8:50 pm
Thanks for the entertainment!!! I was issued a similar ticket in 2002 (Plano Texas) when a police officer saw me turn my lights on/off to warn drivers of him being there. I accepted my ticket, went before a judge and the ticket was dismissed on the grounds that “I was promoting safe driving” by getting people to slow down.
I wish you luck in the future and hope that things go well – Thanks again for the laugh
September 5th, 2008 at 11:12 pm
WOW, I just saw your video of you displaying a sign on the side of the road stating that a speed trap was ahead. That’s great that you have enough time to do this. Could you come to my neighborhood and stand outside dispalying the same sign in the morning when my kids walk to school or maybe in the school zone when cops aren’t around. That’s the idea….lets confuse the motoring public when there isn’t a “real speed trap ahead” I would like to get your number and even pay you to stand there with your sign. If I was a police dept. I would hire you to keep doing what have been doing so it would keep the cops, aka answering calls, instead of pulling people over to slow them down.
October 17th, 2008 at 1:34 am
As I commented in the forums, I still don’t see why crossing guards and school staff aren’t subject to equal punishment for holding up ‘official looking stop signs’ when you were simply trying to excercise free speech as well as enhance public safety and awareness.
October 18th, 2008 at 9:59 pm
I admire your courage to stand up to the police! Of course, sometimes they let their power go to their head, but in fairness, I will say that they are not unique in that regard.
It doesn’t seem right to me that the judge would not let you replay parts of the police video during cross-examination.
On what grounds did he refuse to let you do that? The reason you are allowed to cross-examine is because you have a right to confront your accuser. You needed to use that video to confront your accuser properly.
Also, I think your comment of “Don’t expect things to go fairly when the police, prosecutor, judge, and city employees are all buddy-buddy in a small community” highlights an important problem. Can there really be a fair trial if the entire deck is stacked against you like that? That’s why if I were to fight a ticket in a small town, the first thing I would do is to request a change of venue. I think I remember reading that the National Motorists Association (motorists.org) had suggested legislation that would allow people to get a change of venue upon request when contesting traffic tickets.
December 8th, 2008 at 3:52 pm
Just saw the video’s and read everything. I thought you had a slam dunk with the only problem being the shape and color of your sign. Guess that’s what got you afterall. Bummer!
Regarding the judge not letting you properly cross-examin. There ARE ways of getting this done but that is why you need a lawyer there in the court room with you. Bummer again!
Thanks for keeping up the fight!
December 19th, 2008 at 3:25 am
Congrats to you for the effort. In Arlington Texas, Police routinely pull people over on I-20 during the busiest times of the day. I’m afraid of traveling the road with everyone slamming on their brakes seeing a cop on the side of the road. Keep expecting to see a 20 car pileup report due to police doing this.
Now we have moved up to 3 Roadblocks recently at night closing off major roadways. This is on weeknights around 8:30 to 10:00, so not looking for drunk drivers.
Now I’m hearing from neighbors that have gotten tickets at a local stop sign in a closed residential area. Apparently the Police have targeted this as easy revenue. There is no record of any accidents at that intersection that I can find, just a good place for the Police to hide.
When ever I see the Police over there, if I have the time, I park my car safely, get out the video camera, and hold up my hand to motorists motioning them to stop. Then point out the Police waiting to ticket them.
The Police todate have left within 5 minutes of my arrival.
Good for you, and I would like you to post information on what types of signs are legal that you have found.
January 14th, 2009 at 2:20 pm
Let me start by saying I am not an english major, nor am I a college graduate, so my use of the english language will not be perfect. Please overlook that in an effort to hear the spirit of my comments.
First I want to applaud your activism, in that it exercises your constitutional rights and brings attention to matters that concern you. You have taken a creative approach, done some research, and have demonstrated conviction in pursuing your mission. Additionally, your overall intent to create a safer community through safer driving habits should be shared by everyone.
For clarification I am not a LEO, I am full time EMS employee in Austin/Travis County and I frequently work in the Lakeway area. I have witnessed young residents of your community, similar to the one giving the $10 donation, dying as a consequence of speeding and that is why I applaud your intent.
Your approach, in my opinion, could use some fine tuning.
Consider that officer DeBrow, whom I know and work with, has to deal with many different people who have not CLUE #1 about the law, nor do they care. When you stated you are not required to give him your license it was an unusual statement in an already unusual situation.
Consider what he deals with and witnesses in the way of defiant and careless actions by other citizens.
Consider that fact that you took it upon yourself (in this instance) to park on private property without permission. Some of the posts imply the officer coerced the property owner, however none of the posts consider the fact you never asked permission. Would you like me standing on your lawn holding a picket sign proclaiming something without your permission?
You stated “my TAXES go into the community” and “Money derived from law enforcement efforts goes right into the agencies that issue/enforce the tickets”. These “agencies” you reference derive money from many sources, one of which are your taxes. If they are collecting funds from citations it is reducing the communities share of the burden.
The next time you are stopped at a red light look around at your fellow drivers and consider your earlier statement “If one person standing beside the road is a dangerous distraction for someone, then they shouldn’t be driving”. Many people are so clueless as to their surroundings they will not even notice someone staring at them at an intersection. It’s not that I don’t agree with your statement, but unfortunately many drivers are allowed to drive until their deficiencies are discovered. And how do you suppose we weed out those drivers unable to multitask safely? Currently the main preventative mechanism is through documenting the lack of driving ability through citation events such as speeding.
There is one statement you made that I disagree with completely. “When a cop stops someone, the only person that even thinks twice about safety is the one who got the ticket”. When an officer has a driver detained during a traffic stop, every person driving past takes immediate note of their driving. Many times I witness people passing officers and they check their speed, their seat-belt status, and possibly even sobriety. Just as your sign gets their attention, seeing another person being detained is a VERY effective deterrent. Unfortunately nothing works to slow down everyone, as you well know.
It’s wonderful that you are so interested in safety, and the law. I believe your statement that you are “doing this” as a hobby is very understandable. As you pursue your “hobby” please respect those that have dedicated their life to this as a “profession”. In that dedication many personal sacrifices have been made to protect your freedoms.
Would you like someone coming to your office to make a hobby of your profession? How many hours did you train before you understood the nuances and art of performing your job with efficiency? How often does someone draw a gun on you while you perform your job?
Just some food for thought. You might be surprised at the dangerous situations happening daily in quiet little Lakeway.
Again let me say, I applaud your participation in “the system” and your effort to act with dignity and respect. Nobody is above reproach and you absolutely have the right to question the tactics and methods of those in authority. I wish you the best as I’m sure you will continue forward with the same conviction and enthusiasm of your beliefs.
… And if you want to help me … Get a sign stating “ACCIDENT AHEAD” warning drivers that my friends and I are around the next BLIND corner trying to help somebody less fortunate.
Stay safe!
January 19th, 2009 at 10:22 am
Ok. You live and learn that you can not have a sign that resembles an offical sign. Have you developed a new sign? I hope you continue to do the good work that you are doing. It is a public service to have your local law inforcement know that you are watching them in a lawful manner. Please keep up the good work!!
April 20th, 2009 at 10:15 am
So, did you appeal it? If not, why not? I would be extremely surprised if Lakeway Municipal Court is a court of record. The evidence here is simply overwhelming in your favor. The cop was being a dick, and outright lying on camera. The video shows that you were neither impeding traffic (the probable cause for the encounter) nor displaying an unauthorized sign. Then he turns his recorder off to coach the Code Enforcement guy (usually wannabe cops, in my experience) on how to write his report to support the sergeant’s version. As you say yourself, they were just flexing their self-appointed muscle.
As for the judge, clear misconduct. Judges are lawyers. Lawyers take it personal when a mere mortal presumes to “participate in the system” without paying another lawyer to do it for him. They will always make it almost impossible for you to get a fair shake, because the one lesson that they are intent on teaching you is that you have to pay a lawyer in order to play the game. They’re simply perpetuating their own existence. Unfortunately, laws are written by legislators, who are for the most part lawyers. Don’t like it? Quit electing the bastards! But back to the judge, municipal judges that don’t stand behind the cops don’t last long. They are appointed, and no City Manager, Mayor, or Council is going to keep paying a judge who is consistently overruling their cops. And, of course, there are no consequences for bad judges. Nothing happens to them. Nothing can happen to them. Especially this one, who is appointed, not elected. The ONLY possible consequence here is that his ruling is overturned on appeal.
It doesn’t matter what kind of sign you put up. They are still going to continue to persecute you for it. Have you learned nothing from this experience? Have you not learned that it simply does not matter whether what you are doing is legal or not, they are still going to write you up for it, and that it will stick? You’re being naively silly in thinking that you can simply change your sign and get one over on them. There is only one way out of this Catch-22, and that is to beat them on appeal, establishing a precedent for future encounters. And for that, unfortunately, you’re going to have to get a lawyer. And even a rookie could get this thing overturned for you.
Good luck!