asbed@USC-OBERON.ARPA (Asbed bedrossian) (08/22/86)
Of people prejudiced, and TA drivers... First off, two bits of relevant info about me: I'm 25, American, educated in Canada and in the States, born in Lebanon, Armenian (therefore Christian) and I drive a TransAm (because I like the car's shape ok?) which looks like it is speeding while parked in the driveway. I live in the San Fernando Valley (Los Angeles) and I commute 30 miles one way, and the commute back and forth is not the time of day when I feel like doing car-acrobatics. At 1:30am exactly two weeks ago I was pulled off the freeway by the CHP for speeding. The guy came up to my window: - Have you had anything to drink? - No, I'm just returning from work. - What year is your car? - 78. - Follow this pen with your eyes. I did, and he realized I was not drunk. - I'm citing you for speeding at 65mph. He took my driver's licence from my hand and disappeared in the back before I could say another word. I wanted to tell him that I had put the car to cruise at 55mph, and my cruise control gains 3 miles on downhills and loses 3 on the uphill and even if he caught me at 58-59 I was definitely not doing 65mph. After a few moments, I decided maybe I should tell him anyway, so I stepped out of the car, easy and slow in full view of their lights. Immediately his partner appeared and said - Get in your car and sit down. - May I speak to your partner for a second? I said calmly. - I said get in your car and sit down NOW! he yelled doggedly. - Can I have a word with him before he writes the ticket? I insisted. - Get in your car and sit down NOW or I'm gonna arrest your ass for it! he foamed with anger while brandishing his baton-like flashlight, obviously ready to beat me to a pulp. So i got in and sat down. What was I to do? When the first guy returned to my window with the ticket, I signed it, then said: - Can I talk to you about something? - Not just anything. - No, not just anything. I think your partner there is being very discourteous to me and treating me like a drunken criminal for no reason. - Going home from work does not mean you can speed. - I am not arguing about that. He looked at me for 2-3 seconds then went: - Where are you from? - I live a couple of blocks away. - No! I mean where were you born? - I was born in Lebanon. But immediately I noticed that was not a friendly question and added: But I am an American. - You're not an American. You're gonna learn that we do things differently here in america. You know what they do to people like you in Lebanon? They shoot them don't they? I was REALLY taken by surprise here. So I replied: - What are you talking about? I am an American citizen. I've been here over ten years, I was educated here, and before that I was a Canadian. I know how things are done around here. - You're not American. You were not born in California. You're some fuckin' import, and you're gonna learn how we do things here. If you were caught for speeding in Lebanon, they'd shoot you, wouldn't they. - WHAT ARE YOU SAYING? I don't know what they'd do! why are you being insulting and discourteous to me? He looked at me as if searching for an answer... - You're being discourteous to me. - What? What did I ever say or do to you? He looked again searching for his answer. -You were speeding. End of Story. If you have stories to tell, go home to your... (and here he hesitated for 4-5 seconds searching to see what I look like I go home to.) your... momma or whoever cares, and tell them. I don't care. And he stuffed my driver's licence and the ticket in my hand and disappeared. There I was, awake and wondering what had just hit me. Now then- I realize getting out of my car was a mistake. They're paranoid about this. But still, that is no reason for this prejudiced, profane conduct. Besides, how threatening does a 5'6" guy look in front of two 6'+ gorillas? I've already complained to the CHP and they're processing my claim. The guy's supervisor told me he denies the profane words, but has "some recollection" of the incident, but neither officer can be witness of the other's words. He told me if my claim's unsubstantiated due to his denial, then all I can expect is that his record will be marked, but that if he already has a bad record, the repercussions might be more serious. I still think the biggest problem is not just his breaking departmental policy by saying a couple of "profane" words, I think there's the bigger issue of a prejudiced, immoral jerk being in charge of a gun in the name of the law! (to top it all, the dweeb is Mexican, you'd think he'd be aware of America's diverse heritage!) I'd like to know what I can expect out of this realistically. Who's attentions should I bring this to? Who should I complain to? It is really scary to have the law resting in the hands of a bunch of angry, prejudiced thugs under the disguise of their uniforms, and to know that these hoods can simply lie their way out of legal problems, courtesy of their badges. I plan to plead not guilty. Will the judge hear me out? What can I expect out of traffic court, with the officer present under subpoena, beyond maybe getting off on the ticket? (note how he conveniently cited me for 65mph, the rule of thumb minimum that the CHP can fight for in a court.) I welcome your discussion and advice. I personally am so angry I feel like nothing less than booting the dweebface from the service will do. What do you think is my best avenue, how should I go about it? And to think MY TAXES (and yours too) go to pay the salaries of assholes like these! THIS IS OUTRAGEOUS! Asbed Bedrossian sdrdcf!usc-oberon!asbed asbed@usc-ecl.arpa
campbell@maynard.UUCP (08/23/86)
Unfortunately, if you were alone in your car (i.e., no additional witnesses)
then there's probably not much you can do. I understand this is frustrating,
but they have to bear in mind that an individual might for his own reasons
decide to give the cops, or a particular cop, a hard time. However, it's
much less likely that such a person could convince a second person to perjure
themselves just to hassle the cops -- especially if they're questioned
separately in a hearing.
The moral? If you're alone, act like a mouse with cops, no matter how much
it galls. Remember, they've got guns.
"The best deterrent to crime? Witnesses."
--
Larry Campbell The Boston Software Works, Inc.
ARPA: campbell%maynard.uucp@harvard.ARPA 120 Fulton Street, Boston MA 02109
UUCP: {alliant,wjh12}!maynard!campbell (617) 367-6846McNelly.OsbuSouth@XEROX.ARPA (08/25/86)
Buy yourself a copy of the book, "Fight Your Ticket", by attorney David Brown, published by Nolo Press, 950 Parker Street, Berkeley, CA 94710. This book explains everything you'd ever want to know about how to fight your speeding ticket, and I mean EVERYTHING from what to do when you're first pulled over to how to appeal if you lose your case. Also buy a copy of the Calif Vehicle Code. Armed with these two books, as long as you drive in what you believe to be a safe and reasonable manner (such as doing 55 on cruise control), you will have a good chance of winning your case. I cannot recommend more strongly that you read these two books, and it would be preferable that you read them BEFORE you get pulled over, as there are preparations you should make. I have a question for the readership. Suppose a cop pulls me over and I have no witnessess. Without the officer's knowledge, I tape record the conversation. Can I use the tape as evidence in support of my personal testimony? In other words, if I give my personal word that the recording is accurate, is it admissible? I've always heard that tapes aren't admissible, but if that's true, then how does the government use wiretapping tapes in court?
asbed@USC-OBERON.ARPA (Asbed bedrossian) (08/25/86)
>The moral? If you're alone, act like a mouse with cops, no matter how much >it galls. Remember, they've got guns. > >"The best deterrent to crime? Witnesses." >-- >Larry Campbell The Boston Software Works, Inc. Larry, you're right. But come on, how often is it that one has a "witness" commuting back and forth to work? If things are going to boil down to my word against his, and addmittedly, his word has more weight than mine, then why ever plead "not guilty?" It seems like the judgement has effectively been passed against you at the moment of citing. Who's to stop cops from prying on single drivers then, just to avoid themselves hassles in court? As for the moral you suggest, it may be fine, but in the face of prejudice, acting like a mouse will either be ignored or be taken for rash helplessness. As one person wrote to me (most correspondence on this topic has been by personal replies so far, and oddly, my messages to net.auto and ca.general has not (yet) surfaced) I plan to carry a tape recorder in my left door's pocket. Asbed Bedrossian asbed@usc-ecl.arpa sdrdcf!usc-oberon!asbed