Update: (05/22/08) (In case you haven’t heard about this, here’s the original post about getting my ticket)
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 think 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.
UPDATE: Jury Trial is set for July 11, 21008, at 1:00 p.m.
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I recently received the dashcam video from my encounter with the Lakeway Police Department’s Sgt. DeBrow.
I also have re-edited my existing videos to include this new footage. Now, it is much easier to understand what transpired and to hear both sides of the conversation.
You can now clearly hear Sgt. DeBrow threaten to arrest me and impound my truck for not showing him my driver’s license, even though he already had all the identification that was required by law for me to divulge.
In addition to audio/video from my webcam, and audio/video from the dashcam, I also used audio from my cell phone recording. This is really neat because the way I do it, the audio is recorded directly to the web, securely stored somewhere that can’t be confiscated, erased, or lost by law enforcement.
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.)
———-
UPDATE: (June 13, 2008) Jury Trial is now set for July 11th, at 1:00 pm.
So, on Saturday, I was getting a litle bored around the house, and decided to get out for awhile. I had intended on running a few errands, doing some grocery shopping, and driving around to check out all the new construction going on.
On my way out of Lakeway, I saw one of the new “stealth” police cars that was stopped in the median of Lohmans Crossing, front and rear radar blasting away! Well, I had plenty of spare time, so I pulled over at CVS Pharmacy and got out my sign, video camera, phone, scanner, and legal excerpts book. It was the perfect spot. Right as motorist pulled onto Lohmans, there I was — and slow down they did!
Although I was there warning motorists, I could only do so from one direction. Anyone coming at the radar from the other direction had no warning. So, the cop still managed to give out tickets –FOUR that I witnessed in about 50 minutes! Actually, I think one car got ticketed for not obeying the Texas “Move Over” law.
After being there awhile, Lakeway police began getting phone calls, telling them about the sign. They didn’t even approach me at first. They just gathered in the CVS parking lot, talking to each other. You KNOW they were talking about what they could do, probably calling their supervisor, checking legal statutes, etc.
Finally, they all left, but I guess one cop (officer Adams) drew the short straw and came over to talk to me. He did a really nice job of handling the situation by talking about safety, agreeing with the idea of me “helping them out” by holding my sign, saying that it was an “interesting idea” and all about safety, etc. I think it was all kind of tongue-in-cheek for him, though — In fact, I’m certain it was. Anyway, here’s the video. Let me know what you think.
A motorist who became an internet celebrity after video of him being stunned with a taser by a Utah Highway Patrolman appeared on YouTube will receive $40,000 as part of a lawsuit settlement with the state, the Utah attorney general’s office said Monday.
Jared Massey claimed in civil lawsuit filed in January that his civil rights were violated because Trooper Jon Gardner fired his taser before telling Massey he was under arrest. The confrontation was widely viewed on the internet after Massey obtained a copy of the video taken by the cruiser’s dashboard camera.
The video has been viewed on YouTube at least 1.7 million times and shows Gardner drawing his stun gun after the 28-year-old Massey refused to accept a speeding ticket and was ordered out of the vehicle.
Massey’s attorney, Bob Sykes, said he’s pleased with the settlement offer.
“They made what we consider to be a very fair offer of a significant amount of money,” he said.
The Highway Patrol said the trooper’s use of the taser was justified, but that his attitude was a problem. They put Gardner on administrative leave for a few weeks and said he received training in conflict resolution. Gardner was primarily put on leave for his own safety after state officials received numerous complaints.
Sykes said state attorneys offered to settle the lawsuit before ever officially responding to it, probably because of the video evidence.
“It’s pretty damaging,” he said. “The force used under these circumstances was nothing less than outrageous.”
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.
So, on Saturday, I was getting a litle bored around the house, and decided to get out for awhile. I had intended on running a few errands, doing some grocery shopping, and driving around to check out all the new construction going on.
A motorist who became an internet celebrity after 
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