A Fine Line Between Honest and Stupid

by Gene Howington, Guest Blogger

In yet another episode of “Cops Behaving Badly”, we have Officer Gracie of the LAPD giving citizen 34 year old Chris Jackson of Venice, California, a ticket, allegedly for “riding on the wrong side of the bike path” after Jackson complained about the officer’s motorcycle blocking the bike path. The “officer” at first claims the ticket is for riding on the wrong side of the bike path. When challenged by Jackson that 1) he was passing on a dashed line and 2) that he knew of no law covering unsafe passing on the bike lane, the real reason Jackson was being ticketed came out.

He was being ticketed for disagreeing with the officer.

When faced with a challenge from both Jackson and several citizens, he then escalates the reason for the ticket to speeding under California Vehicle Code 22350. There is a problem with that as well.  Ca. VC 22350 reads “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of, the highway, and in no event at a speed which endangers the safety of persons or property.” [emphasis added] Undeterred by logic, citizen complaint, being told he was being recorded for the purposes of posting to YouTube or his inability to cite an applicable California statute, Officer Gracie bulldogs ahead to write his ticket insisting that he’d be perfectly happy to write more tickets all the while ignoring people both doing what Jackson allegedly did and worse (such as walking and roller-blading on the bike path).

Jackson was supposed to be in court yesterday, Friday, January 18, 2013. However, LAPD Spokesman Detective Gus Villanueva of the Los Angeles Police Department’s Media Relations Section said that the “ticket had been canceled in the interest of justice.” He also said the department is conducing a personnel investigation into the conduct of the officer involved (sure they are) and would not comment further.

There is certainly a line being crossed here, but it isn’t a solid yellow line.

What do you think?

Source(s): NBC, Ca. VC § 22350

~submitted by Gene Howington, Guest Blogger

67 thoughts on “A Fine Line Between Honest and Stupid”

  1. This officer’s actions graphically explain law enforcement’s opposition to citizens with camcorders. It is obvious that the ticket was tossed not in the “interest of justice,” but in order to avoid further embarrassment to the police department.

  2. Mike Spindell 1, January 19, 2013 at 3:18 pm

    “I’m old enough to remember when this was normal, expected, and even a show of good faith.”

    Dredd,

    I’m old enough to remember that too. Not only was there the expectation, but the implicit undercurrent of demand, that you get out of your car and go up to their car immediately, or be considered a smart-ass. In 51 years of driving I’ve only been pulled over a handful of times, with the incidents separated by many years. When this last happened to me five years ago I knew not to get out of the car because I had seen it on TV. Supposedly this is a safety measure for police, but were I in LEO’s position I would rather see the person walking towards me in my car, than worry that they would pull a gun as I approached their car window.
    ==================================================
    Who dat?

  3. MikeS,

    Just speculating. Can it be that if you had a bomb vest that the policeman’s best chance was if he approached you when you are sitting still in your car?

    Or maybe it is easier to shoot sitting ducks than moving ones?

  4. When my mother was having car trouble with her car stalling without warning, I followed her to her automative repair appointment. We stayed in the right lane all the way. It was early in the morning. As we passed an elementary school at 15 mph where the children were entering, I saw a female police officer in front of the school with a clipboard engaged in a lengthy conversation. The automotive shop was a shot distance beyond the school. Mother pulled in with me still behind her, followed by the cop with her flashers ablaze. She was in a huff and ready to read me the riot act for allegedly having passed cars in the school zone. I calmy tried to explain that first I knew better than to do something so stupid but secondly I was following my mother’s car which was at risk of simply stopping in traffic and creating a traffic jam. If I stayed behind her and she stalled, I could push her car onto the side of road. The cop continued to argue that she saw “me” pass in the school zone. Fortunately when I mentioned that when I had passed through the school zone, she was having a discussion with another individual so that whatever car she saw wasn’t mine. I must have said is with earnestness or something because she seemed a bit embarrassed, and let it drop. I know I was lucky not to have been ticketed, Tasered, or shot.

  5. Blouise,

    I’m glad that if you had to interact with the police and it involved reinforcements that at least it was positive reinforcements.

  6. On my way home from the coffee shop this morning I was driving 25 mph in a 25 mph speed zone when I noticed the headlights flashing on the car approaching me. As we drew closer together the driver stuck his hand out the window with a thumbs up signal. As we passed I saw the –Police Department signage on the side of his car.

    I guess he was practicing positive reinforcement.

  7. LAPD. Remember Leno’s comment back in the 90s? “The LAPD are so bad they have to frame a guilty man.”

  8. My story….??? Forget it, ancient history, no longer pertinent.

    Result of pulling my ID as requested, showing an out-of-state licence, seemingly confirming no local power base, and downed immy with resulting split lip.
    No lip had been given. I, as is usual for me, had apologized in my crude inebriated way for giving the trouble to chase me down.

    Would I drive in or even visit the USA? Only if the Prez and his SS escort me.

  9. I used to run marathons but do not anymore after a sudden V. Tach during my daily 10 miler one day. I have a pacemaker/defibrillator now. I walk 8 miles a day at 3:30am every morning.using the bike path in the opposite direction so I can give way to the cyclists.. Last year in December, in this crisp desert cold with a hoody on covering my ears and head, I had left home and only walked about half a mile when I see the Police lights flashing, of course, it was on the wrong side.

    The Police officer asked me why I was not walking on the pavement and I gave him the explanation that first, the pavement does not go all the way and secondly, I have always walked in the Blke lanes. He said I am not allowed to do that. We went back and forth for sometime and then he asked me for my ID which I did show him, he checked it through his computer system, came back, and said they do not give any tickets to the walkers or runners using the Bike lanes and wished me good luck . Sometimes one meets a good cop or 2 at 3:30 am.

  10. “This cyclist made the serious error of actually disagreeing with a police officer. He should have known better! amazing!” (rafflaw)

    Not even sarcastic.

    I made the mistake a number of years ago, after being pulled over for something (probably speeding 38 in the local 25mph, downhill, speed trap) of getting out of my car to walk back and talk with the officer. I’m old enough to remember when this was normal, expected, and even a show of good faith. Not anymore. You would have thought I was getting ready to go postal on him the way he informed me to get back in my car and not move. Now, I ask, in candor, how are we, the public supposed to know what the police protocol is supposed to be for traffic stops?. Maybe it’s now on the written driver’s exam, but otherwise . . .

    (I did avoid points on the license by attending ‘remedial driver school)

    1. “I’m old enough to remember when this was normal, expected, and even a show of good faith.”

      Dredd,

      I’m old enough to remember that too. Not only was there the expectation, but the implicit undercurrent of demand, that you get out of your car and go up to their car immediately, or be considered a smart-ass. In 51 years of driving I’ve only been pulled over a handful of times, with the incidents separated by many years. When this last happened to me five years ago I knew not to get out of the car because I had seen it on TV. Supposedly this is a safety measure for police, but were I in LEO’s position I would rather see the person walking towards me in my car, than worry that they would pull a gun as I approached their car window.

  11. Bron, upon what are you basing this “very small number” statistic? Links, please.

  12. Bron,

    If they’d not stand by and watch…. I’d agree with you… But there is that blue bond…

  13. Mike:

    I am actually tired of all this cop bashing. most cops are professionals who practice restraint in the face of jerks like this young man. if they werent, we would hear far more stories than we do.

    Do some cops abuse their position, yes. But it is a very small number.

Comments are closed.