Friday, July 6, 2007

"There'd Be Days Like This," My Momma Said.

I received a call from the Levy County court in Florida yesterday. A representative was contacting me regarding the letters I had written contesting a citation and another contesting a judgment on the case... a judgment made, mind you, without my knowledge.
She basically offered, in not so few words - and as I grew increasingly upset - three options: pay the fine, have my license suspended, or appear in court... in Florida. Obviously I am not in any capacity to pay the fine or fly to Florida for an afternoon. I was so much more than upset, but I was able to refrain from cussing anyone out, or choking them through the phone.

Let's rewind a few weeks. I had been written this bogus ticket. I was not guilty. I had to do something about it before I went to the west coast to work on a documentary. I wrote the Levy County court in Florida a letter not pleading, but stating my case (i.e. the facts.)

In this letter I detailed my character and my current situation.
I explained how I have a reputation for honesty and leadership. My record is CLEAN.
I had just graduated from college.
I was helping my mother leave, who was among many friends and family who were leaving around this short period of time. This was difficult for me.
I did not have a job yet due in part to living in Michigan. I had little money to survive on until I found a job. My debt will soon come calling for payment. Though it has proven a greater challenge I would like to stay in Detroit to make change in my city.
I was under a lot of stress at the moment, and a fraudulent police citation was not something else I needed on my mind.

And in this letter I detailed the event, and by detailed, I mean every detail.
The whole letter was over three pages long. This is the bulk of it:
"
On May 10th, 2007, I was traveling with my mother along US-19/98 (aka SR-55) southbound entering Inglis, FL. We were on a moving trip from the Metro-Detroit, MI, area. We had stopped to see family in Cincinnati and New Orleans. This final leg of our journey would take us to Clearwater, our moving destination, my parents’ new home, where my stepfather was awaiting our arrival.
As you may remember, the days surrounding the 10th of May were quite eventful. A number of forest/swamp fires were breaking out. And a tropical depression was sweeping the resulting smoke clouds across the gulf coast of the state. These dense and dark clouds consequence of the fires lied at ground level and contributed to a significantly lower visibility than normal. The sun was drowned out of the sky. And though the air seemed fog-like, the particles were not a clear or white moisture, but rather a black burnt ash.
As stated, I was traveling southbound entering Inglis. As one may know, the speed limits change regularly along this highway from 65mph in rural areas outside cities to 45mph while in some range of a city or town. Entering Inglis, there is such a shift in speed limit from 65mph to 45mph.
As I approached Inglis city limits, the “45 mph speed limit” sign marking this change in speed limit from 65mph came into my visibility, albeit slightly later than usual as a result of lower visibility due to forest fire smoke. The moment I saw this sign I immediately began to decelerate from the approximately 65mph I was traveling in cruise control. I specifically made all safe effort to slow to the 45 mph speed limit before reaching the precise intersection/turnaround where the speed limit zones, in fact, change just within paces of the speed limit sign. As I watched my speed I realized I was able to slow to between 45-50mph upon reaching the 45mph zone, and continued to slow to approximately 40mph.
As my glances toward the speedometer returned focus to the road, I noticed a police vehicle parked at this turnaround just opposite the intersection from the 45mph speed limit sign. I cannot confirm whether he was waiting to radar vehicles, as he appeared to be stationary in an actual traffic lane, but he would later claim to have recorded my speed at 66mph, its peak assuming my cruise control was, in fact, set to 66mph, just over the approximate 65mph. The officer must have proceeded to pull out behind me, and follow our right turn at the next light, Follow Your Dream Drive, or Road, because it was then I noticed I was being pulled over. For what, I could not imagine because in no way did I violate any laws I am familiar with.
As he approached our vehicle, I pondered reasons why he may want to speak to me. Perhaps he felt I braked to quickly and wanted to suggest I be more careful in the unusually smoky weather. Perhaps he noticed out-of-state plates and was suspicious. Perhaps he noticed there were dogs in the car without seatbelts on. Needless to say speeding was the last concern on my mind because – just as I had been careful during the 2000+ miles I had driven already – I specifically avoided driving more than 5mph over any speed limit.
(For lack of legibility on the citation I continue to refer to the officer as “the officer.”)
The officer reached my unrolled window and asked for my license and registration. We offered it to him. “Do you know why I pulled you over, Mr. Ostrander?” he asked.
Of course, I didn’t offer the reasons I had pondered as I hesitate to accuse an officer for pulling me over for not breaking a law. “I really have no idea, sir.”
This is the point where the police officer (of the law) tries to tell me he clocked me going 66mph in a 45mph zone. This statement is untrue for all the reasons explained above. I may have been at some peak speed moment been traveling at 66mph, but a radar recording of 66mph certainly could only have occurred before my braking while still in the 65mph zone. In fact, as the officer had virtually been at the 45mph sign, he could only have been able to read any speed I was traveling in excess of 50mph while I was still in the 65mph zone.
I do not claim that the officer was lying. Perhaps he was simply mistaken. Perhaps he believed he saw something that did not happen. Perhaps it may seem that an out-of-state plate signifies a tourist. Perhaps tourists seem likely candidates to break traffic laws. Perhaps tourists are easy targets. (Why would a tourist return to Florida from 1000 miles away to fight a ticket?) Regardless of why, the fact of the matter stands that he did falsely illegitimately accuse me.
I refused to even consider contesting his claim directly for fear that he was intentionally falsifying it, and would take it to the next level, trying to arrest me. This would have upset my mother incredibly. As a recovering cancer survivor with heart problems, unnecessary stress is the last thing her body needs.
After the officer claimed I was speeding, he continued to ask me why I had turned off the highway onto Follow That Dream Pkwy, as if accusing me of trying to run from him, which is absurd because I wasn’t even aware he had decided to follow me. I had to explain that I was helping my mother move. She was telling me about this “great little house with cabins that [she] could have bought and turned into a bed and breakfast.” She and my aunt could have just years before, and I wouldn’t believe what the name of the road is that the house is on. Of course, to my surprise it is on Follow That Dream Pkwy. And, as it turns out, someone did buy this house and cabins… and he or she did turn it into a bed and breakfast. (Forgive me as the name escapes me, but it couldn’t be but a mile or so west of SR-55.) But my mother was telling me about this place, and wanted to show it to me. This is why I turned.
The officer began to walk away before I finished my explanation as if he hadn’t even been listening… or lost interest. During the minutes we sat waiting for him to return with our documentation, ash and bugs had decided to swarm into my open window. This added to our dissatisfied mood, but still I held my calm.
When the officer returned, he explained that he only wrote me a ticket for 64mph in a 45mph zone. This was supposed to offer some sort of financial break and driver license point break. Naturally I was in complete awe that he could have the audacity to write me a ticket for on offense I did not commit, but later I understand that it is very possible this was not done in deceit but in mistake. The officer explained my options regarding accepting guilt and paying the ticket or completing a driving course, or contesting the ticket. I confidently asked him what procedures I would need to take to contest the ticket. This seemed to throw him off a bit – I am sure he didn’t expect my confidence, or perhaps it influenced him to question his call – as he hesitated in… finding the words to explain how I would have to request a hearing with the, uh, clerk of court.
The officer told me I had to sign the ticket. I did. He ripped off and handed me my copy of the citation, suggested I have a nice day to which I thanked him, and walked away. Watching him return to his car, I folded the ticket placing it in the console, and waited to get my driver’s license back. Oops, he called to me, “Mr. Ostrander. Here’s your license.” Yes, clearly my confidence had thrown him… a bit.

I hope this letter/document finds you(s) in good spirit. I hope it finds Florida in better shape than the fires of early May allowed. I hope you understand that the words I write are truth. And I hope you can overturn this citation, the fine, and point penalties that would otherwise infect my clean record.


Thank you for your attention,
Joseph Ostrander
BFA, UofMichigan, 2007
Proud Citizen of Detroit and its MetroArea
"

If you were a judge completely removed from the actual event and truly unbiased reading this letter, would you find it in your heart to believe it and waive this citation? It is the truth after all. And not only is it the truth, but - and excuse my pride for a moment - the victim here is a good person who has earned better than this kind of harassment.

The judge offered me, in one vintage carbon-copied form, a plea of 'No Contest' and no points on my license if I paid the $182.50 fine. I declined. I wrote another letter explaining how I had not pled 'No Contest.' As I am not guilty I ought not be required to pay any fine. Therefore I will not. And I asked why I was not offered a hearing as the officer and the citation claimed they would.

The next week I received the phone call.
I'm considering talking to a lawyer though I cannot pay one.
I'm considering writing more letters weekly until they waive the ticket.
I'm not considering paying the fine.
Otherwise, I am not sure what else I can do.

3 comments:

  1. I'm very sorry to hear all of that... bar? soon? I've been craving sangria like you wouldn't believe.

    ReplyDelete
  2. Yeah, good idea, spend money at a bar! :/

    We could hold a 'Save Joey' show. Hold it at Montana's, $5 at the door, like we did before, except the first $180 would be toward your fight of honesty.. I'll talk to the guys about it this weekend :)

    ReplyDelete
  3. That letter was too long. I wasn't inclined to "read the bulk of it" and I'm sure this isn't a judge in the world who would either. Sorry, but I think you're stuck. :(

    ReplyDelete

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