I would like to know if any other Drivers have been Targeted by Law Enforcement in Caldwell Texas. Back in May on a Sunday Morning I was headed North on Route 36 and when we rolled in to the Town of Caldwell there appeared to be a Bike Festival of sorts going on. There were Motorcycles everywhere you looked and the Majority of them acting like fools. At the Intersection of Route 36 and Hiway 21W a Motorcycle Officer was holding the Red Light for a large group of Bikers that were headed back East on 21W. There were 4 cars in front of me and when the Cop released the Red Signal back to its cycle the 4 Cars in front of me proceeded on the Green. This put me in the first postion for the next cycle of the light. I am Driving a Volvo 780 with a 525 Cummins and a 13 speed pulling a Custom 53' Enclosed Car Hauler I have 3 Cars on and I am very light to say the least. In other words there is nothing to hold me back when the Green comes, there are many Bikes in the left lane. The light changes to green and I take off the light fast cycles to red. At this point you must ask yourself "stop in the middle of the Itersection or go through" I went through along with about 100 Motorcycles. Needless to say I was stopped by Sgt P Knight on his Police Bike who asked why I ran the signal and I went through the whole scenario with him again and again by the way he swears that he did not see any Motorcycle go through the Itersection with me and he was sitting on the Traffic Island to the left of myself and all of those Motorcycles. He issued a Citation to me for Disregard of a Traffic Control Device. I tried to reason with him as I have a spotless Driving Record and I felt as if this was beyond my Control. He simply asked if the light turned Red before I cleared the Intersection and I said yes and he said that makes you guilty. I asked him if I should have just stopped in the middle of the intersection and waiting for the light to cycle again and he said, " That would have been the proper thing to do however you would still receive a Citation for Obstructing the Lawful Flow of Traffic. So grasping for Straws I asked about all the Bikes that went through the Intersection with me He swore that not one of them moved and that maybe I was just tired and needed a break so I would be better able to safely operate. I told him I had just taken over from my Co Driver an hour prior in Hempstead, Tx. He stated, " The Video Camera on my Windscreen will clearly show that you ran the light by yourself there was no other Cars or Trucks that went throught that intersection with you and now you can just sign here". I asked to see the Video and he told me to bring a Subpeona with me to Court and I could view it all I wanted. I asked how much the fine was and he said I dont know the Fines I just issue the Citations you will need to call the Clerks Office for the information.
I called the Clerks Office the foolowing Morning and spoke to a young lady that did not have any information and stated I would have to call back on Thursday when the Lady that handles this would be back in the Office I told this one that I had on the phone that in accordance with the Citation I only had 10 days to request a jury trial or pay the fine and I really needed to talk to someone now. She simply restated that I would need to call back on Thursday and hung up the phone. I called back on Thursday and spoke with the Lady that had supposedly been gone and was informed that she had been in the Office all week and evidently I should have insisted that the other woman put her on the phone and being as I had already spoken to the Assistant about this matter, That Conversation would count as my first appearance andthere was nothing further she could do for me and that all my question would be answered by the Court on Friday June 4th at 10 AM. I tried to inquire about the amount of the fine and was told it would be addressed in Court on the 4th of June and just like the Assistant she hung up the Phone.
At this point I was in Reno Nv. at the Pilot and a long way from home at any rate. I picked up one of the magazines beside the Fuel Desk and when I opened it the very first thing I saw was the Ad about, "Got a Ticket You Didint Deserve" and I called Interstate Trucker at 800 33DRIVE talked to the rep and she asked for the Municipality, County, State where I received the Citation. I answered Caldwell in the County of Caldwell Texas and she stated, "I bet you disregarded a Traffic Control Device at the intersection of Route 36 and Hiway 21W and the Citation was issued by Sgt P Knight who does not know what the Citation Costs". Of course I said so you have heard of this place before and she told me that they have an Attorney in the Local Court at least 4 times a month with at least a dozen cases each time. I asked about the chance of beating it and she said that they would only reduce it to a Non Moving Violation and charge me the standard fine for the Citation $405.00 plus Court Costs and it would not show up on my MVR at all. Interstate Trucker Charged me $650.00 to handle this and appear in Court on my behalf and I would have to pay whatever the Court Costs are the Court Costs were $285.50. Now this morning I get the Paperwork in the mail from Interstate Trucker that says The Court has accepted my Plea and Reduced the Citation to a Non Moving Violation found me guilty of this Infraction and Placed me on 60 Days Misdemeanor Probation from the Date of Citation which was May 2nd and ending on July 3rd and that if I complete my Probation with no other Citations in the State of Texas this would not ever show up on my MVR however the 60 Day Probation will become a permanent part of my now Criminal History Report
So with all of this being said I am trying to fin d at least 50 other Drivers that have been through a simliar situation in Caldwell Texas so that OOIDA will take it on as a Class Action Lawsuit. I spoke with OOIDA about this just today and they said that if I had 50 people that would join the cause they could get it into Court as a Class Action Suit under the Cluase of Unfair Targeted Enforcement so if there is anyone else that has been in this type of Situation in Caldwell Tx you can Contact me through this Forum. Thanks for taking the time to read this lengthy post and I welcome any and all advice or constructive criticism.
Disregard of Traffic Control Device
Discussion in 'Experienced Truckers' Advice' started by Freesample, Jun 21, 2010.
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I've read similar stories of red light violations where the vehicle enters the intersection on the green and due to traffic or whatever is unable to clear the intersection before it changes to red. Below is Texas section for such violation...
Sec. 544.007. TRAFFIC-CONTROL SIGNALS IN GENERAL. (a) A traffic-control signal displaying different colored lights or colored lighted arrows successively or in combination may display only green, yellow, or red and applies to operators of vehicles as provided by this section.
(b) An operator of a vehicle facing a circular green signal may proceed straight or turn right or left unless a sign prohibits the turn. The operator shall yield the right-of-way to other vehicles and to pedestrians lawfully in the intersection or an adjacent crosswalk when the signal is exhibited.
The section makes no m mention of anything other than what is required to enter the intersection, a green light.. Imagine traffic in a congested area / big city.. It is quite common for traffic to get caught mid intersection on a red light change...My experience, 13 years with LAPD, was that the violation occurred when the vehicle entered on the RED and the RED only.. Yellow is not a violation. Seems a lawyer would be able to get this thrown out. Just noticed they require you to yield to others lawfully within the intersection.. Guess those would be the cars etc stopped ahead of you causing you to wait in the intersection.. Good luck... -
Not that you want to get yourself in more trouble than you already have had, but the fact that they let you easily (sorta) change to a non-moving violation is considered masking and is illegal for a CDL holder to have done by any court! I would think that this would provide more ammo for OOIDA to persue this shady operation.
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I wanna puke, I'm speechless.
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I got one of these in Lincoln NE, a car jumped out in front of me as I was clearing an intersection and proceeded at something akin to 15 mph, I was going the 45 mph speed limit. To avoid making a carwhich I pulled into the left lane and slowed down tried to move back over, no one was yielding for me and Barney showed up and did the Disregard BS.
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I got a warning in Wyoming MI a few years back. Some MI left turn lanes go green, yellow, red, then flashing red. Flashing red means you can turn if the way is clear. I pulled up to the intersection just as it changed from red to flashing red. I inched forward, waiting for traffic to clear. By the time traffic cleared, I felt I was far enough into the intersection to make the turn, even though the light was now red. The cop that was sitting at the same light going crossways disagreed. He said I wasn't into the intersection far enough to complete the turn. Ran my license, it was spotless, so he gave me a written warning.
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In 1967, I was hauling a load of bumper hitches to a rental utility trailer repair yard in Hollywood, FL. I entered Smyrna, TN and was stopped at the first red light. I was stopped at the second red light and resolved to try harder for the last traffic signal. I gave my 6/71 Detroit all she would do, but it was cut back to 195 horsepower and I entered the last intersection on yellow. A cop was first in line at the cross street. I think he made the light cycle quickly.
The cop explained that the ticket would cost $10. I could pay it at city hall or mail it in. I asked whether there was truck parking at city hall. When I pulled behind city hall, it looked like a truck stop there were so many drivers paying similar tickets. -
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I had the same thing happen outside Norfolk, NE. Two truckers and me were running together doing the speed limit. The light just turned from red to green less than 1/2 mile away. A NE state pooper pulled up to the side light as we approached and it was instant yellow and I hit the brakes first with the other trucks behind me. I saw I wasn't going to make it, so I gassed on it worrying about the guy behind me. The light turned red about the back of my cab. He pulled me over a gave me a ticket. I pleaded with him that I hadn't had a ticket in 12 years and it was a split second decision and I couldn't stop. Didn't matter. He said I was driving too fast if I couldn't stop.
I guess he thinks he taught me a lesson. Wrong! I did everything I could do. -
Boy am I glad I was easy going. I gave more breaks than you could shake a stick at. You give a ticket to the ones that deserve it and trust me you know the ones that deserve it, and you give everyone else a warning. We got credit for warnings just the same as the real deal.
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