You mean, kind of like this:
Posted on 03/11/2008 8:05:26 AM PDT by abb
A Vernal man shocked twice with a Taser during a traffic stop last year has accepted a $40,000 settlement in a lawsuit filed against the state and a Utah Highway Patrol trooper. The Utah Attorney General's Office announced the settlement between Jared Massey and UHP trooper Jon Gardner on Monday. "We think this is a legally defensible case because Trooper Gardner acted reasonably to avert a volatile and potentially dangerous confrontation on the side of a busy highway," said Assistant Attorney General Scott Cheney, who represented Gardner. "We recognize, however, that this is a close case." The settlement comes on the heels of a decision by Tooele County prosecutors earlier this month that determined Gardner's actions were not criminal. An internal UHP investigation also cleared the trooper. Video of the trooper zapping Massey, taken by the trooper's dashboard camera, came to prominence after Massey posted it on the Internet site YouTube. Since it was posted last year, it has been viewed more than 1.7 million times. Massey's attorney, Bob Sykes, said Monday the offer to settle the case was not the state's first and that his client decided to take it. Massey filed a lawsuit against Gardner in January alleging the trooper violated his civil rights when he zapped him during a traffic stop Sept. 14, 2007, on Highway 40 in Uintah County. Advertisement Click Here!
He was stopped for driving 61 mph in a 40 mph zone. During the stop, Massey argued with Gardner about his speed and then refused to sign the citation. Massey then got out of his car and followed Gardner to his police car where he was asked to place his hands behind his back. When Massey refused, Gardner shocked him. The suit said Massey fell screaming in pain after being shocked while Gardner taunted him by saying, "Hurts, doesn't it?" Massey struck his head against the pavement and was zapped a second time because he was unable to immediately obey an order to turn over on his stomach, according to the suit. "We thought the amount of force used was outrageous," Sykes said Monday. The settlement amount includes attorneys' fees. The Attorney General's Office says Massey has agreed to dismiss his lawsuit, all claims against Gardner and all potential claims against UHP, the Utah Department of Public Safety and the state. jbergreen@sltrib.com
You must be from China or Russia, eh?
I don’t know what the law is in Utah. However, many jurisdictions, especially rural ones, count on drivers not fighting the ticket and raking in the fine income, irrespective of what the law says or the accuracy of the citation. Most people will not make a stand on principle and go several hundred miles for a court case over a fine in the $100-$400 range. Speed traps have been a source of revenue since the automobile became a common means of transportation.
Don't drive >60 in a 40, then you don't have to worry about being stopped in the first place.
Speed traps are designed specifically to catch drivers with unexpected drops in speed limits. As I recall, the speed limit on the highway dropped by 25 mph without any warning. The driver was below the 65 limit, but not the 40. The sole reason for these traps is to raise revenue for the city or county. Police officers should ask themselves if it is worth their time and dignity to engage in entrapment schemes such as speed traps.
OK... What's your point?
I see no indication that Mr. Massey was caught in a speed trap. Even if we imagine that he was, his belligerent attitude certainly didn't help matters.
Aren't we regularly bemoaning the fact that children and youth have little or no respect for authority? How can we expect anything else with examples like this for them to follow?
Yes, the Taser was excessive, IMO. But it never would have happened if the guy would have just accepted his citation.
You fight the charges in court, not on the side of the road.
Politicians at the Federal level, and in most states and many localities, have become overly enamored of their "authoriteh" and it is difficult, if not impossible, to seek redress of grievances under the current system. There has always been a "Boss Hog" mentality in local governments, but with the increase in laws and regulations and the element of greed, abuse of power is far greater than it was 50 or 100 years ago.
Why is being civil considered to be foreign?
Listen again to the cop. He told the driver that he passed a sign and that there was another one about a mile back. This was the second sign and thus was not a speed trap as you are suggesting.
Was there actually a sign a mile back, as the trooper states? Did the driver turn onto the highway beyond the first sign? If it was not a speed trap, then the motorist had nothing to complain about. However, the sad fact is that speed traps are too prevalent in most states. Unless you live in a big city and don’t own a car, you will see one sometime or other.
............................If people would cooperate and take their story to the judge they would have a far better chance of being successful and a far lower chance of some incident occurring.
*************************************************
I did exactly that on my last ticket, the police officer was given a chance to speak first and laid out a scenario VERY FOREIGN to the truth, I was beat down (verbally) by the judge when I tried to present evidence as it contradicted the cop... I currently have an open IA complaint .. the cop didn’t know that although I couldn’t disprove her lies in court at that time I have 3 witnesses ,, 2 others caught in the same trap and the manager of the restaurant they were using as a base of operations who all back me up ... in addition the cops own ticket log (with computer generated AND TIMESTAMPED ticket info) will disprove her story... if this is brushed aside I will go postal the next time I get stopped as there is no recourse left..
We need more “sheriff Taylors” and fewer LEO Warriors who feel it is their place to engage the public with undisguised contempt.
What? For 40 Large you can taze me Bro!
You mean, kind of like this:
This wasn’t a speed trap.
This was a section of the highway where there had been recent construction work. There were at least two 40mph speed limit signs, according to what the officer told the driver, during the video.
There was a sign stating “loose gravel”.
Because drivers have a tendency to ignore such warnings, and speed recklessly along, the police are usually directed to monitor such areas more closely.
Just as they do to working construction zones.
Just as they do in school zones.
This was a temporary ‘construction zone’. The reason is to keep people from losing control of their cars on loose gravel, and suing the city or state for not having warned them.
The part I like best is where people say the Officer Gardner should have wrestled Mr. Massey to the ground, to place the cuffs on him, instead of using the taser.
I guess it’s a forest and trees thing.
Another favorite is those who say that if their wife had a gun, she should shoot the officer, should they resist arrest and be tasered.
Listen to Mr. Massey. No, really. You better listen to him.
Because he said so. He said, “NO, I’m NOT. I WON’T.”
He said, “I’ll tell you what we’re gonna do. We’re gonna go back there and you are gonna show me...”
He said, “YOU need to calm down”.
He said, “I don’t know what you are doing.” Repeatedly while the officer asked him to put his hands behind his back, turn around, and had a weapon of some kind pointed at him.
For trying to be the ONE IN COMMAND, to TELL others what they were going to do, Mr. Massey seems awfully ignorant of the basic facts of life.
We would be a far better country if government on all levels just left people alone, even if they do foolish things. Most traffic laws are far more about enriching the local Boss Hogg or, in liberal cities, imposing an anti-automobile social agenda, than actual safety.
“There has always been a “Boss Hog” mentality in local governments, but with the increase in laws and regulations and the element of greed, abuse of power is far greater than it was 50 or 100 years ago.”
Perhaps it is only our ability to communicate instantly about the abuse of power that is greater.
That particular evil ‘abuse of power’ has been around a long time, and has been, at times, far worse.
“However, if some motorist wants to suffer damage to his vehicle from loose gravel by driving too fast, that is his business.”
I see. So you don’t mind paying several HUNDRED DOLLARS to have your windshield replaced, because some irresponsible driver who was violating posted speed limits got his tires off on the shoulder and sent gravel flying across the highway?
Or maybe he loses control and swerves head on into your lane, killing you and your family.
I guess that’s OK?
“If he was right, why are they settling out of court again?”
$40,000 is a nuisance payoff.
Why did McDonald’s settle with the woman who spilled coffee on her lap?
Who is that stupid? That they don’t know FRESH COFFEE is REALLY REALLY HOT?
“Too often, speed traps are difficult to avoid.”
Only if you are speeding.
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