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Driving 25 mph in a 35 zone at night is now a crime subject to immediate arrest as a "medical emergency". This was on a downtown 4-lane street, with passing lanes, so the driver wasn't impeding traffic.
So now we can make citizen's arrests of cops perping rolling roadblocks below the 85th-Percentile speed.
The Tennessee Supreme Court, in a Hamilton County case, has overturned a ruling involving a slow driver.
Criminal Court Judge Rebecca Stern ruled that the driver of a slow-moving vehicle does not impede traffic unless other traffic is made to come to a stop.
The Court of Criminal Appeals affirmed.
But, in an opinion written by Chief Justice Mickey Barker, the high court said, "We hold that the trial court based its decision on an erroneous interpretation of the statute. Therefore, we reverse the trial court and remand for a new suppression hearing."
Richard Adam Hannah, Larry Darnell Penn and Tracy Lee Ray had been indicted for possession of more than one-half gram of cocaine with intent to sell or deliver and possession of marijuana with intent to sell or deliver. In addition, Hannah was indicted for driving without a valid driver’s license. The defendants filed motions to suppress the evidence.
Joseph Shaw, a patrol officer with the Chattanooga Police Department, testified that on May 11, 2005, at approximately 1 a.m., he observed a dark-colored Nissan Altima traveling southbound in the left lane of Market Street at a speed of approximately 20 miles per hour. While no minimum speed limit was posted, the posted maximum speed limit was 35 miles per hour.
Officer Shaw testified that the Altima’s slow speed was unusual for the area because other automobiles would generally exceed the posted maximum speed limit.
Officer Shaw followed the Altima and observed that it obeyed all of the traffic signals and did not exceed twenty-five miles per hour. Even though the Altima never forced approaching automobiles to completely stop in the roadway, Officer Shaw testified that “most traffic was doing double (the Altima’s) speed. So when [approaching automobiles] would come up behind us they would have to brake fairly quickly and change lanes in order to pass. And there was moderate traffic even for that time of night on that road.”
After following the Altima for approximately 15 to 17 blocks, Officer Shaw initiated a traffic stop.
Judge Stern said she found problems with the traffic stop. The state argued that the police officer’s stop was legal because the driver’s slow speed was impeding traffic in violation of a section of state law which provides:
Quote:
“No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or compliance with law.”
The high court opinion said, "Reduced speed interrupts the 'normal and reasonable movement of traffic' by blocking or backing up traffic, unless the 'reduced speed is necessary for safe operation or in compliance with the law.' Furthermore, while not an exhaustive list, we believe that when a trial court reviews whether a slow driver impeded traffic it should consider how slow the driver’s automobile was traveling, the posted maximum speed limit, the posted minimum speed limit, if any, the effect on traffic, the duration of the effect on traffic, and the normal and reasonable flow of traffic in that area.
"Also, the trial court should consider whether other traffic could safely pass the slow-moving automobile in the right lane as provided in Tennessee Code Annotated section 55-8-118 (2004).
"Accordingly, we hold that the trial court erroneously interpreted Tennessee Code Annotated section 55-8-154(a). Furthermore, because the trial court halted the suppression hearing before Officer Shaw finished testifying and did not consider the State’s alternative arguments that Officer Shaw was justified in stopping the defendants’ Altima to ascertain whether the driver was suffering from a medical emergency, we reverse the trial court and remand this matter for further factual and legal findings, including whether Defendant Hannah was impeding traffic, consistent with this opinion."
Note that the cop confessed on the witness stand to breaking exactly the same law he arrested the driver for. This violated Constitutional Equal Protection doctrine under the 14th Amendment.
This insanity is like cops robbing banks to arrest bank robbers, or cops killing innocent people to arrests serial killers.
Full opinion:
Quote:
State of Tennessee vs. Richard Adam Hannah, Larry Darnell Penn and Tracy Lee Ray
Hamilton County - We granted the State's application for permission to appeal in order to construe Tennessee Code Annotated section 55-8-154(a) (2004), the impeding traffic statute. The trial court held that the driver of a slow-moving vehicle does not impede traffic, unless other traffic is made to come to a stop. The Court of Criminal Appeals affirmed. Upon review, we hold that the trial court based its decision on an erroneous interpretation of the statute. Therefore, we reverse the trial court and remand for a new suppression hearing.
Last edited by dealsgapdragon : 06-25-2008 at 07:41 AM.
Driving 25 mph in a 35 zone at night is now a crime subject to immediate arrest. So now we can make citizen's arrests of cop perping rolling roadblocks below the 85th-Percentile speed.
Note that the cop confessed on the witness stand to breaking exactly the same law he arrested the driver for. This violated Constitutional Equal Protection doctrine under the 14th Amendment.
This insanity is like cops robbing banks to arrest bank robbers, or cops killing innocent people to arrests serial killers.
You don't understand what you're reading about. The whole context was whether the police can stop someone, not arrest them. After the stop the cop found the weed in the car. And equal protection has zero to do with it.
Driving 25 mph in a 35 zone at night is now a crime subject to immediate arrest as a "medical emergency". This was on a downtown 4-lane street, with passing lanes, so the driver wasn't impeding traffic.
So, in other words, you're outright lying yet again. At this point, you have zero credibility.
The arrest was for cocaine and marijuana, not for driving slowly.
Quote:
Note that the cop confessed on the witness stand to breaking exactly the same law he arrested the driver for. This violated Constitutional Equal Protection doctrine under the 14th Amendment.
False. The officer did not possess cocaine nor did he have marijuana, so he did not break the same laws that he arrested the driver for.
You don't understand what you're reading about. The whole context was whether the police can stop someone, not arrest them. After the stop the cop found the weed in the car. And equal protection has zero to do with it.
All traffic stops are defined as "arrests" ("detentions"). Once a cop grabs your Communist internal passport driver license contract, that's an "arrest". If you ask the cop, "Am I under arrest, am I free to go?" the cop will answer, "No you are not free to go." If you try to leave, the police state death squads will try to kill you.
TN Code allows immediate arrest for all traffic violations, with max 30 days in jail for all traffic "crimes", as Class C misdemeanors. That's speeding by 1 mph, 1 mph at a stop sign, etc.
All traffic stops are based on probable cause for arrest for a "traffic crime" eyewitnessed by a cop, not "reasonable suspicion" that maybe a non-traffic crime is in progress inside the car.
This particular arrest appeal was initially based on lack of proable cause for arrest on the traffic crime of "driving too slow". The prosecutor, however, did not perhaps file a criminal charge under TN Code for "driving too slow". The Supreme Court remanded the case back to the trial court to rehear evidence on the suppression hearing. So the trial court can still order that the traffic stop was illegal, based on the slow car "not impeding traffic". Of course it's impossible to impede traffic on a 4-lane road with passing lanes, especially when driving 25 mph in a 35 zone. So the trial judge will still probably throw out all the confiscated evidence, again, and all charges will be dismissed.
The only exception is slow traffic, which only allows a ticket and fine, not arrest or jail sentence.
Quote:
Tennessee Code §55-8-123. Driving on roadways laned for traffic.
Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic, the following rules, in addition to all others consistent herewith, shall apply:
(4) (A) Where passing is unsafe because of traffic in the opposite direction or other conditions, a slow-moving vehicle, including a passenger vehicle, behind which five (5) or more vehicles are formed in line, shall turn or pull off the roadway wherever sufficient area exists to do so safely, in order to permit vehicles following it to proceed. As used in this subdivision (4), a slow-moving vehicle is one which is proceeding at a rate of speed which is ten (10) miles per hour or more below the lawful maximum speed for that particular roadway at that time.
(B) Any person failing to conform with the provisions of subdivision (4)(A) shall receive a warning citation on first offense and be liable for a fine of twenty dollars ($20.00) on second offense, and fifty dollars ($50.00) on third and subsequent offenses.
(C) Subdivision (4)(A) shall not apply to funeral processions nor to school buses.
No city cop is allowed to arrest any person for violation of a city ordinance in TN, and no city court is allowed to sentence any person to jail, since city judges are not real judges, and are not part of the judicial branch as defined by the TN Constitution. No city cops are allowed to have city jails in TN.
So the scam run by city cops and city courts has cops arrest citizens for alleged violations of TN Code, jailed in county jails run by the sheriff, litigated in county/state general sessions courts, then file identical charges in city court for alleged violations of city ordinances.
Most city judges are not licensed lawyers in TN, and most judges signing arrest warrants are not licensed lawyers in TN. Most judges in USA are not licensed lawyers, according to NY Times. Yet this driver was arrested for not having a driver license, when most judges in traffic court lack a license to practice law.
Equal Protection doctrine requires that all charges be dismissed, when cops are not prosecuted for the same crimes. That's The Law!
But lawyers rearely have the balls to use that defense (this case is an example), and it doubles the workload (and doubles the fee). But I use that offense every time I defend a ticket. On a stop sign case (speeding at 5 mph in a zero mph zone), I bought a copy of the cop's in-car video with GPS speed measurement, proving the cop broke 5 laws in 30 seconds, including running a stop sign, speeding 65 mph in a 30 zone, reckless driving, crossing centerline in a blind curve and drag racing. The cop's video did not show my alleged crime. Case dismissed by the prosecutor during bind over to the grand jury. The cops repaid me for that video when I filed a Bill of Costs with the court clerk.
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Quote:
Originally Posted by doggy69
Why is it that people jump on people assuming its their first bike...because they just joined the forum....maybe they just want to converse and ask questions...people can ride for eternity without coming here for our infinite wisdom
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Originally Posted by R.Brosnan
It's better to learn on a 250 for all the same reasons that experts can make a 600 do so much more. The design compromises that make a sportbike so responsive in the hands of an expert also make it amplify the mistakes of a beginner.
What I don't get is why the cop didn't pull the people over doing '50mph' in the 35mph zone since he said everyone was doing double the other cars speed.
What I don't get is why the cop didn't pull the people over doing '50mph' in the 35mph zone since he said everyone was doing double the other cars speed.
Because driving too slowly is a much stronger indicator of something being wrong with the driver, either chemically or medically, than speeding, which is normal.
Equal Protection doctrine requires that all charges be dismissed, when cops are not prosecuted for the same crimes. That's The Law!
That is an absolute molestation of what the equal protection clause is about, what it provides and how it works. So much so that trying to explain it would, I'm sure, be pointless.
As a resident of Cleveland/Chattanooga I can attest to the fact that a speed that slow really is strange. Market Street is in the middle of downtown where a few bars and such are and people usually go waaay too fast on that road. the Market Street bridge always scares me.
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Quote:
Originally Posted by Silic0nJ3sus
As a resident of Cleveland/Chattanooga I can attest to the fact that a speed that slow really is strange. Market Street is in the middle of downtown where a few bars and such are and people usually go waaay too fast on that road. the Market Street bridge always scares me.
That is strange, I'm in University Hts. (east of Cleveland) and 50% of the drivers drive under speed limit most of the time. Maybe speed limit is way to fast for Cleveland residents
On market street bridge people do 45-50 which is is normal for me if not a little slow for a six lane bridge.
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Last edited by acidstorm : 06-25-2008 at 11:39 AM.
Because driving too slowly is a much stronger indicator of something being wrong with the driver, either chemically or medically, than speeding, which is normal.
damn you for injecting common sense into DGD's rants!
What I don't get is why the cop didn't pull the people over doing '50mph' in the 35mph zone since he said everyone was doing double the other cars speed.
Arrested for driving 25 mph in a 35 zone
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