OKVacationer
New Member
My 75-year-old mother was driving through this tiny town, on her way to another town to do errands. Two state highways intersect in this town. Both are two-lane highways. Basically farm-to-market roads. However, about 20 feet before the intersection, a train track runs diagonally across both highways. If you are headed northbound, needing to go west, you can turn left (or west) 1-2 blocks before the train tracks, then north, and west again to join the highway and not get caught by the train.
Trains in this town are a major inconvenience because it is very close to the other town, where there is a switching yard for the railroad, so invariably if you go through this town, you will get caught by a train. Many people opt for the small dog-leg detour to keep from sitting and waiting.
The local police officer (and chief, as he likes to inform everyone) jumps in his car and runs to the intersection every time a train goes through. That is where the fire station is located, and he sits in the driveway of the fire station. Now, if someone turns left to avoid the train, he gives them a ticket for reckless driving.
My son and I were taking a friend of his home and were caught by a train and observed this policeman standing out on the street, beside his car, and every time someone would turn, he would flag them over and issue a citation. In the short time we were sitting, waiting on the train we observed this officer issue four citations.
About 3 days ago, my mother went through this town. She approached the intersection, a train started coming through, so she slowed, signaled, and turned left. She said she saw the officer sitting there but didn't think much about it because she was simply making a left-hand turn down the street. He flagged her over and issued a citation for reckless driving. She asked him what did she do, and he told her, "Reckless driving, like it says on the ticket." She asked him if he could please write the law or ordinance that she broke and tell her what she did specifically that was "reckless." He told her, "You turned and crossed the double yellow lines." She said, "But it's not illegal to cross double lines to make a left-hand turn." She then asked him again if he could write the specific law or ordinance on her ticket. He told her, "Get out of here before I issue a ticket for blocking traffic." She was parked beside him in the fire station driveway.
Okayyyy....
Her ticket is for the town's municipal court. We called, again, to find out what the ordinance/law is that she broke. They would not tell her. However, they told her it was a fine of $294.00 and 9 points off her license, if it stands. She then asked what happens if she fights it and appeals it, and the town/court clerk told her to just pay it because "if she's found guilty they will charge her double and besides the same judge would hear it anyway." If it goes through, that's going to be a significant chunk of her income for the month, and considering her age, it will be a miracle if the insurance doesn't raise her insurance to an astronomical amount or drop her completely.
We have several family members in law enforcement. They are livid. When she told them what happened, all agree that not only did she not do anything wrong, it is not illegal to make a left-hand turn across double yellow lines on a 2-lane highway. They are investigating options for her, as well.
This town has started to become a notorious ticket trap. Upon further investigation, EVERYONE who turns to miss the train and this officer sees them do it is issued a citation for reckless driving. There are also numerous speeding violations for as little as 1-2 mph over the speed limit. A friend of mine was visiting from another state, and this same officer pulled her over because she was driving a new Volvo. When he stopped her, he asked her if she was "hauling elephants." (No clue what that means.) She asked him what she had done, and he told her that with her out of state plates and "swank car," he thought she might be a drug dealer. He did not issue her a citation of any type, just kept asking her strange questions. This has all been within the last 60 days.
There is a lot more history to this town. Their PD, at one point, became such an issue that the local sheriff's department and state police were asked to assume jurisdiction because of some major problems and corruption.
So how do we go about fighting this? From what we can tell, she did nothing wrong, and for sure it wasn't reckless driving.
Advice?
Trains in this town are a major inconvenience because it is very close to the other town, where there is a switching yard for the railroad, so invariably if you go through this town, you will get caught by a train. Many people opt for the small dog-leg detour to keep from sitting and waiting.
The local police officer (and chief, as he likes to inform everyone) jumps in his car and runs to the intersection every time a train goes through. That is where the fire station is located, and he sits in the driveway of the fire station. Now, if someone turns left to avoid the train, he gives them a ticket for reckless driving.
My son and I were taking a friend of his home and were caught by a train and observed this policeman standing out on the street, beside his car, and every time someone would turn, he would flag them over and issue a citation. In the short time we were sitting, waiting on the train we observed this officer issue four citations.
About 3 days ago, my mother went through this town. She approached the intersection, a train started coming through, so she slowed, signaled, and turned left. She said she saw the officer sitting there but didn't think much about it because she was simply making a left-hand turn down the street. He flagged her over and issued a citation for reckless driving. She asked him what did she do, and he told her, "Reckless driving, like it says on the ticket." She asked him if he could please write the law or ordinance that she broke and tell her what she did specifically that was "reckless." He told her, "You turned and crossed the double yellow lines." She said, "But it's not illegal to cross double lines to make a left-hand turn." She then asked him again if he could write the specific law or ordinance on her ticket. He told her, "Get out of here before I issue a ticket for blocking traffic." She was parked beside him in the fire station driveway.
Okayyyy....
Her ticket is for the town's municipal court. We called, again, to find out what the ordinance/law is that she broke. They would not tell her. However, they told her it was a fine of $294.00 and 9 points off her license, if it stands. She then asked what happens if she fights it and appeals it, and the town/court clerk told her to just pay it because "if she's found guilty they will charge her double and besides the same judge would hear it anyway." If it goes through, that's going to be a significant chunk of her income for the month, and considering her age, it will be a miracle if the insurance doesn't raise her insurance to an astronomical amount or drop her completely.
We have several family members in law enforcement. They are livid. When she told them what happened, all agree that not only did she not do anything wrong, it is not illegal to make a left-hand turn across double yellow lines on a 2-lane highway. They are investigating options for her, as well.
This town has started to become a notorious ticket trap. Upon further investigation, EVERYONE who turns to miss the train and this officer sees them do it is issued a citation for reckless driving. There are also numerous speeding violations for as little as 1-2 mph over the speed limit. A friend of mine was visiting from another state, and this same officer pulled her over because she was driving a new Volvo. When he stopped her, he asked her if she was "hauling elephants." (No clue what that means.) She asked him what she had done, and he told her that with her out of state plates and "swank car," he thought she might be a drug dealer. He did not issue her a citation of any type, just kept asking her strange questions. This has all been within the last 60 days.
There is a lot more history to this town. Their PD, at one point, became such an issue that the local sheriff's department and state police were asked to assume jurisdiction because of some major problems and corruption.
So how do we go about fighting this? From what we can tell, she did nothing wrong, and for sure it wasn't reckless driving.
Advice?
