Smoker jailed in Abilene after not paying fine

Houston Chronicle/AP ^ | 4-4-07

[Snickering Hound]

ABILENE — One West Texas city is really serious about its smoking ban.

Just ask Brian Wayne Hendrix, who was arrested and jailed on an outstanding warrant for smoking in public. Hendrix, 44, said he was "flabbergasted" by the arrest, which came after an officer pulled him over Tuesday morning on a traffic stop.

"I never thought I'd be going to jail for smoking a cigarette, but I'd do it again," said Hendrix, who was released from the Taylor County Jail after posting $150 bond Tuesday afternoon.

The city's smoking ban that went into effect Jan. 3 prohibits smoking in most public places and businesses. Hendrix is the first person in Abilene to be arrested on a warrant for smoking in a public place, Assistant Police Chief Mark Moore said.

"If we go to a place where there are a lot of people smoking with no regard to the smoking ban ordinance, we will enforce it," Moore said. "As long as it's law, we ask that they comply."

Teresa Borcik, Municipal Court administrator, said Hendrix was cited for smoking in a public place on Feb. 24 and had 10 days to appear in court to contest the charge or to pay the $150 ticket. When he didn't show up, an arrest warrant was issued March 6, she said.

Hendrix said he has been smoking since he was a teenager.

"As long as it is legal to smoke, I am going to keep smoking. I'm not going to quit any time soon," he said. "I think they are just trying to make more money for the city by messing with the smokers."

[flashbunny]

ping

[dandelion]

I thought a car was considered to be private property - he was smoking when he was pulled over, wasn’t he?

A car is considered private property under the new Texas weapons laws. Someone needs to challenge this pronto...

[papasmurf]

Smoking bans are ridiculus, just another means of generating revenue and liberal votes.

In all fairness, though, he wasn't arrested for smoking, he was arrested for failing to appear.

:O)

P

[neverhillorat]

Good LORD, even in Texas!

[girlangler]

Wow, it’s a good thing they got this dangerous criminal off the streets, instead of wasting valuable time looking for all the murderers, pedophiles, illegal aliens with criminal records, etc., still out there.

[anymouse]

Ironically jail is probably the one place he can smoke. As the ACLU would claim it as cruel and unusually punishment to deny him smoking “rights.”

[A message]

"If we go to a place where there are a lot of people smoking with no regard to the smoking ban ordinance, and we think it will make the city a whole bunch of money we will enforce it," Moore said.

[papasmurf]

I took it to mean, that he was arrested after being pulled over, not tickted for smoking while driving.

Is that not correct?

:O)

P

[RexBeach]

Well, to me, this makes perfect sense.

Look, everyone knows that if you smoke, when you die, you go straight to Hell.

That’s a fact. Yup. Fact. :)

[Integrityrocks]

“...Hendrix was cited for smoking in a public place on Feb. 24 and had 10 days to appear in court to contest the charge or to pay the $150 ticket. When he didn’t show up, an arrest warrant was issued...”

Just goes to show the difference between how states enforce minor offenese. This would never happen in many other states.

[Integrityrocks]

He was not arrested for failing to appear. A minor offense citation is either pay fine or contest. They are not MANDATORY appearances. When you do neither, USUALLY the State just issues a DEFAULT JUDGMENT and it goes against your record.

[E. Pluribus Unum]

I thought a car was considered to be private property - he was smoking when he was pulled over, wasn’t he?

The article is poorly written, but it appears he got the ticket earlier while smoking in a public place, and the outstanding warrant was executed when he was pulled over on a traffic stop.

[RSmithOpt]

You got it!! Quick cash for the overloaded court system.

It is truly amazing about what we as Americans are witnessing in relationship to selective law enforcement of our government.

So, any illegals smoking in public being arrested and fined? Betchya not one in the entire great state of Texas ever gets arrested and fined for smoking in public.

I'll bet you $10 and a pack of smokes to your dough nut that I am 100% correct on the no illegals will ever be arrested and then fined for smoking in public.

[avg_freeper]

P. J. O'Rourke argues in his book "Parliament of Whores" how we have to be very careful when creating laws because they are all enforced under penalty of death.

Not abiding a law can always result in the government imprisoning you. And not wanting to be imprisoned can always result in the government tracking you down and killing you.

I paraphrase O'Rourke but you get the general argument.

[JFC]

Only in West TEXAS! You know when our folks have come to such supidity..... the world really has gone to hell in a hand basket!

[Alter Kaker]

Of course this is nothing new. If you're enough of a moron, you can get yourself arrested for spitting on the sidewalk, for jaywalking or for failing to pay your parking tickets. It's not easy -- you have to really go way out of your way to be a jerk, but it's theoretically possible.

However, those stories don't get covered, because they fail to mesh with the bizarre paranoia-cum-political-agenda of the addiction lobby.

[Gabz]

Nanny State Ping.

[Covenantor]

Abilene, Texas Crime Statistics

Crime Statistics
2005 TOTALS
UCR PART I CRIMES

TYPE OF CRIME	YEAR OF 2004	YEAR OF 2005	% DIFF
Murder	6	6	N/C
Rape	55	76	+38.2%
Robbery	178	145	-18.5%
Agg. Assault	253	346	+36.8
Burglary	1,693	1,518	-10.3%
Theft	3.915	3,680	-6.0%
Auto Theft	268	291	+8.6%
UCR PART 1 TOTALS	6,368	6,062	-4.8%

UCR Part II Crimes

TYPE OF CRIME	YEAR OF 2004	YEAR OF 2005	% OF CHANGE
Forgery	467	515	+10.3%
Fraud	364	485	33.2%
Criminal Mischief	1,689	1,929	+14.2%
Weapons Violations	102	109	+6.9%
Sex Offenses	98	87	-11.2%
Drug Abuse	860	978	+13.7%
DWI	345	322	-6.7%
Drunkeness	733	804	+9.7%
Disorderly Conduct	355	402	+13.2%
UCR PART 2 TOTALS	5,013	5,631	+12.3%

 

TRAFFIC ISSUES	2004	2005	Change
Motor Vehicle Accidents	4,069	4,100	+0.8
daily average	11.12	11.23
Injuries	2,128	1,855	- 12.8
daily average	5.81	5.08
Deaths	6	12	+100.0
Hit & Run	432	469	+8.6
Pedestrian Accidents	27	21	- 22.2
Injuries	26	19	- 26.9
Deaths	2	3	+50.0
Bicycle Accidents	11	15	+36.4
Injuries	10	14	+40.0
Deaths	0	0	N/C

Home

e-mail: apd@abilenetx.com

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Guess they're going to have to add Smoking Felony Arrests to the lists.

[azhenfud]

“Life is hard. It’s harder when you’re stupid.”

The guy wouldn’t have had an arrest warrant issued for him had he obeyed the original court summons. He’d have been better off to have confronted the charge in court than to pull a no-show. That’s stupid.