05 May, 2004

My NO SEAT-BELT Ticket

At the request of several folks who know me, I was asked to post the story of a ticket I received, just before Thanksgiving last year, four blocks from my home.

Here it is...

PART I

Last November, I received a ticket for no seat belt from a DPS trooper. The trooper did a U-Turn and was in back of another car that was immediately behind me and did not stop me until I turned north on my street. The trooper, LG treated it as a Felony Stop. He told me to exit the vehicle and come to the back and then screamed at me when I exited my P/U about the knife in my back left pocket. When I told him it was a knife, he screamed at me to leave it in the truck (left index finger pointing at me while right hand had his pistol partially drawn. I did so and then as I turned, he went spastic about the Surefire: "Is that a knife!?!" Which he repeated two more times, until he noticed the Leatherman in the sheath to the right of my belt buckle, and then repeated that questions three times for it. I pulled the Surefire out and with it pointing down pressed it's button to show him what it was and explaining that it was a flashlight while doing so. He then screamed at me to leave it in the truck to, and "that one too!" I complied.

I then walked to the back of the P/U and handed him both the DL and CHL, which was on top. He handed my CHL back to me immediately and told me to wait close to the sidewalk. I did. After about three minutes, he pulled his spastic routine again and asked me if I had my weapon on me, and I told him, quite bluntly that yes, and that is the only reason I handed him my CHL. He then asked me, again in that same spastic manner, where my weapon was. I asked him which one and that flustered him even more. He then asked where my guns were, with the felony stop stance, and I told him strong and weak sides as I only had the brace of .45's on me at the time. "Put them in the truck, put them in the truck!" (At least that time, he only told me twice). I complied once more.

Now, the thing is, I had a Spyderco Endura in my right rear pocket and the outline was plain to see but he never said one word about it nor did he ask me if I had any other weapons on me and he watched me walk to the drivers side and back.

The rest of it went, as you would think, stupid questions and the eyeballing. After he ticketed me for no insurance (I did not have my card with me but just had renewed it the previous day on the internet with my Insurance Company as I do every month) and no seat belt, I told him that was the first time I had been treated in such a fashion and I asked him why did so and why he disarmed me as no DPS or cop ever had. He told me for safety, and I then had to ask him three times: "Whose?"

"Mine!"

He then got in his P/U and waited until I got in mine and buckled up and drove away. He followed me to my house four blocks North.

PART II

Last December, I had to go the local Judge's office for the ticket and she was late forty minutes. While waiting, those of us waiting started talking about our tickets and I found out two women had received the same treatment and was really surprised about it. I did not ask the women for the trooper's name. When it was my turn to see the judge, T., I told her what happened and she asked me about Surefire and Leatherman. I showed her both and she was O.K. with them and then she told me to fight it, that it was my right to fight it and this type of treatment had to stop. I figured I had a good shot, so I said I would fight it. She told me that they would mail me my court date and she would see me then.

PART III

I had my court date in late March at 13:30. I arrived at 12:50 and parked in front of her offices in the middle of the road parking zone as the two parking spots directly in front of her offices were marked for her and Police Only. Her offices are supposed to open at 13:00 but did not until 13:10. Folks had already lined up and actually left so I when I got in and signed up, was the third one on the sheet. She arrived at 13:40 with her granddaughter who obviously had gone through chemo as she had no hair and a bloated face. The girl then ran right away to one of the office computers and started playing on it as the judged rushed into her court. There were now fifteen of us (I counted) in a 12x12 room with barely any A/C. The trooper arrived a bit after two (I checked my phone again to be sure) and more folks had arrived. By this time, I tired of waiting, so I went to the desk and before I could ask, another man asked if those with lawyers were going first, and the girls there said yes, those with lawyers went first and I then asked: "Why? Wasn't my time just as valuable?" A young man then said" That's the way it works..." I quickly responded that: "No., our justice system is not supposed to work that way!" and everyone went quiet.

I sat back down and waited until 15:15 to see the judge and as soon as I walked in she told me sit down which I did and trooper G. jumped right up and said: "Judge, I want to make sure Mr. WP does not have his weapons on him." I told him that I knew the CHL laws and that my weapons were secured in my P/U. He then responded with: "What about your knife!?!" I said yes, I had my pocketknife and stood up to show it to the judge and she said that a knife is a weapon and could not be in her courtroom and told me to take it my P/U. I stared to go and trooper G. then asked: "What about those?" referring to my Surefire and Leatherman and I again showed them to the judge and reminded her that she was O.K. with them when I was in her court in December. She told me to take the knife to my P/U. I hurriedly headed out to my P/U and dropped off both the Cold Steel and the Spyderco. On my return, another trooper who wanted to know what the Surefire and LeatherMan were and had a second trooper flanking me from the left stopped me in the middle of the street. The trooper who asked me about the Surefire and Leatherman told me to put them in the truck and then asked me to empty my pockets and told me to also leave my 2" SAXET Swiss-Army knock off and the Buck Knife 1½" multi tool as well. The trooper did not ask me to take my vest off so I said nothing about the two spare mags in the SOB mag pouch and left them alone and returned to her courtroom and sat down.

The first thing out of trooper G.'s mouth, as I was sitting down again, was: "Judge, I want it on record that Mr. WP came into court with a weapon!" I said yes, a pocketknife and as soon as I understood that it was a mistake, I did as the judge told me. My tone was not friendly, but sarcastic.

The judge then had the ADA ask her questions of trooper G. and that is when I found out that he has been with DPS for nine-years. The ADA asked boilerplate questions of him and about my stop. He stated that he saw me without my seat belt but when he pulled me over I did have it on. The judge asked me if I had any questions and said of course. I then asked the trooper about his stop of me and also about his actions. I then asked if he was so observant why did he immediately hand me back my CHL particularly after his actions regarding my knife and why did it take him three minutes to then tell me to put my guns in the truck.

The judge asked me if I was questioning the ticket or his actions and I told her both. The judge then asked me how I knew it was three minutes as she had been in here since one o-clock and she could not tell three minutes. Before I could tell her she had only been in the office since 13:40, she then told me "the trooper saved your life."

My immediate response was to tell her that: "Judge, that is PURE speculation on your part."

She then told me that these laws were to protect us and that if anything had happened to me, his superiors would have been on his back about not writing Mr. WP a ticket. I told her that I have a seat belt and an air bag and if that did not save me then nothing would. She ignored me and told me again he saved my life because even if I was wearing it and had an air bag, there were crazies on the road who could hit me. Trooper G.'s chest visibly swelled. He then told the story of a "veteran" trooper who had been shot last year by a seventy year old man over a seat belt stop. (Anyone remember this- I do. The trooper's name was Randall Vetter, the man who shot him was Melvin Hale, and IIRC, there was a bit more to the story than trooper G.'s recollection).

I again told her that was speculation and that and as of late, it was fashionable to call police and firemen "FIRST RESPONDERS," and trooper G.'s chest swelled even more. I then told the court that that was a lie. If I am a victim of crime, I am the first to respond to it and that I take my safety quite seriously and responsibly; that I have family, and that was one of the reasons I have my CHL. Further, I put on average on my P/U 25K miles per year and that I knew the road and the rules of the road.

I then went on to say that trooper G. also appeared angry the day he gave me my ticket and acted as if he did not want to be there, which he immediately said no and the judge interrupted him to tell me that he did his job because he cared about the people and just wanted to see them safe.

She then immediately told me that everyone was telling her the same story today and that it was always the troopers were wrong and that she was finding me guilty and to take my folder to the front desk.

I knew I had lost so I got up, took the folder and then thanked the judge for telling me to fight the ticket and she burst from her chair, and so did trooper G., and told me: "You eat your words! You eat your words!"

I looked at her and figured she was ready to throw me in jail and said: "All right judge I apologize." She then ranted while leaning far over her desk: "No! You eat your words! You eat your words! I told you it was your right to fight it!"

I stopped and pointed at her with my left index finger and said: "Judge, I told you I apologize!"

She then sat down and as I walked out of her courtroom and she commanded me to be careful with her door, as it was broke. A girl ran up and told me it was O.K. and she closed the door. As soon as I turned around, I was asked if I got what I wanted, from someone in the waiting room, and said quite loudly: "HELL NO! I got no satisfaction" and then went to pay the fine and was told that they only accepted Money Orders. I pointed out that Federal Reserve Notes were good for all debts Public and Private and was rebuffed and again told only Money Orders. "Why don't you go get one and come right back?" I told her NO, that I had other things to do and asked about the next day and was told that it was O.K. I told the girl to write down on paper what my fine was, took the Post-It Note and left.

Three people followed me out to ask me what happened because they said they were real curious to know why I "stormed out" and the DPS Troopers followed me (when I took my knives to the truck). I said I did not storm out, but walked very quickly out. They then wanted to know about the shouting and my ticket and I told them what happened. Yes, I was pissed, but more at the judge's outburst then the guilty finding.

--WP

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