You are hereWord of erroneously written tickets, and what we can do about it...
Word of erroneously written tickets, and what we can do about it...
I labored over posting this information because even though I rail against some of their more draconian practices, I do appreciate a lot of what the cops do, and the fact that their job is a VERY difficult, always unpredictable, and oftentimes dangerous undertaking. Plus they've got the guns and the power, and I'm just a lowly citizen in this town. With that in mind, here I go with both feet...
Over the past few weeks I've heard from several people now that one of Austin's "custodians of the law" has been writing cyclists erroneous tickets based on trumped up charges and then letting them know that if they disagree with it to take it to court where he assured them he'd show up, since one of his favorite things to do is stick it to cyclists who contest their tickets. Man, a cop who loves singling out and prosecuting cyclists, even if it takes ticketing on false charges to do so. Who does that sound like...
If you said Officer Jason Mistric (#4856) of the Austin Police Department, you'd be correct! Austin's own smoothly shorn bicycle cop has been targeting his fellow cyclists in an effort to expand the cities coffers. Why do I assume this is his motivation? Because if it wasn't I don't see why he'd be pulling people over based on assumptions, ticketing whole groups of cyclists based on the actions of a few, and otherwise abusing the authority the powers-that-be have bestowed upon him to hit a bunch of cyclists up for a few hundred bucks. I assume he's taking it out on cyclists because he knows that oftentimes they're at a financial disadvantage, and don't have be luxury of professional legal representation. He also knows that his shiny badge, equally shiny head, and freshly pressed uniform goes a lot further with his judiciary masters than the typical Austin cyclists' commuting attire, and that they'll be willing to believe a lie delivered from behind a badge more readily than the truth from a sweaty biker. It's a pretty crummy situation to be in where you know you're telling the truth but they just sit there with a smug smile and a badge, lying through their teeth to a receptive audience. Unfortunately that's how the current system functions.
So what recourse do we have when police officers abuse their power to further their personal vendetta against a specific (and woefully underrepresented) class of people? First off, we have the Office of the Police Monitor. I've mentioned them on my Wall of Shame and in various posts before, but this information bears repeating:
Office of Police Monitor
Police Monitor: Cliff Brown
Main number (512) 974-9090
Officer Misconduct Number (512) 974-5200
Email: police.monitor@ci.austin.tx.us
Address: 1520 Rutherford Ln. Austin, TX 78723Complaint Process (click for forms):
The Police Monitor’s Office is the main location for accepting complaints filed by members of the public against police officers. To file a complaint with the Office of the Police Monitor the public can contact our office by telephone, fax, or in person. The Police Monitor or a member of the Police Monitor’s office will conduct an initial interview with the complainant and will explain the oversight and investigative process.
The Internal Affairs Division of the Austin Police Department will conduct an investigation. The Monitor’s office will participate in the APD Intake investigation. The Police Monitor will make policy recommendations to the Chief of Police.
Upon the conclusion of the Internal Affairs Investigation, the complainant will be notified in writing of the outcome.
You can lodge a complaint against an officer over the phone or in person. All complaints are investigated. I urge you to file a complain if you feel you've been mistreated or written a ticket based on false or erroneous information. We shouldn't have to stand for this type of bullying, no matter who it comes from.
Secondly, the Austin cycling community has a very bicycle-friendly law firm at their disposal named the Shefman Law Group. They specialize in cyclist law and have a branch in San Francisco, CA AND our very own Austin, TX. Lenore Shefman is the person to talk to locally, and her phone number is: 512.386.8117. Give them a shout and see what they have to say.
Finally, show up at next weeks' Bicycle Theft Resolution Subcommittee Meeting, which it sounds like is becoming more of a "State of Cycling in Austin" meeting sponsored by the APD, and I'm totally down with that. Whatever it becomes, it should be super interesting. RSVP with Lee Davila if you want to go.
Hopefully with these avenues at our disposal we'll get some better resolution in the very near future over some of the trumped up tickets that have been getting written lately. Please, I urge you to call the Police Monitor if you've been harassed, mistreated or improperly ticketed in any way. The Police have this thing about listening to input directly from citizens on the spot of the incident, and that thing typically leads to mace, handcuffs, a swift tap of the nightstick and a ride in the back a police cruiser. Through the Office of the Police Monitor we can give our input in a way that they have to listen to, namely an internal affairs investigation and a note on their record about the incident. Enough people complain of unfair treatment from a specific officer and who knows what happens?
I had no trouble finding the offense, that's why I wrote "they shouldn't be singled out and arrested for breaking traffic law, it's already a $217/$275 ticket."
I thought it was a Class C misdemeanor too, but I was confused by the city website which has running a red light listed under the "Traffic Ticket Fine Schedule" and not listed under the "Misdemeanor Offenses Fine Schedule".
Would all the traffic violations on the list be considered misdemeanors? I was just throwing the camera-civil fine thing out there as an example that the offense is just minor ticket when issued by a machine.
I've never actually met anyone who's been arrested for running a red light. Perhaps the APD has the authority to do this if they choose too, but if officers begin singling out cyclists for arrest than that's going to be a serious problem.
... but most traffic violations are class C misdemeanors under Texas law. (The rest are class B or higher misdemeanors, and a few are felonies (such as 3rd offense DWI)). Some states have a third class of violation, an `infraction' which most traffic violations fit into and don't carry the risk of jail time -- but Texas doesn't.
Back to Texas, the police can arrest you for any of them, but they don't because it's a serious waste of resources. But the option is always there (unless it's just speeding I think) if the cop is looking to be a serious jerk about it.
I don't know of anybody arrested for simply running a red light either. Though it wouldn't surprise me if it happened in a few Critical Mass rides back in the day, or if it happens occasionally when somebody gives the cop serious attitude about being pulled over.
And again, this was months ago, and I'm not aware of Mistric or the APD as a whole making good on his threat since.
dougmc on Sat, 06/27/2009 - 5:49pm
car runs a red light...ticket..this fucking asshole...says a bicycle runs a red light, they don't get a ticket, they go to jail! this video is priceless..he should be fired forever...now....email, call apd, don't mess with us bunnyhuggers
jason, you are a badass...thank you, derek
Dude! It's the frickin' law whatever state you're in: you cannot run a red light. How the hell do you call that a trumped up charge???
And you cannot justify it by making up your own rules instead of following the laws already in place. The girl in the video is saying that it's safer for the group to stay together and that's why it was okay to do what they did. If you want a group to stay together, then the lead group needs to stop and wait for the rest to catch up. That's how you keep a group together.
And this bike cop is not turning on his own kind, other cyclists. That's like saying a motorcycle cop that pulls over motorcyclists is turning on them, or a car cop who pulls over cars is turning on his own kind. It's their job to bust people who break the laws.
I want to believe in you guys, man, but more cyclists have to be honest about what we all do on a daily basis. We break the rules and usually when we get caught, no one is trumping up the charges. We're just belligerent about it. That girl said next time, she's not going to stop. Who the hell is she helping out with that attitude?
The one in the video happened during a Critical Mass. If I recall correctly, two people were arrested for blocking traffic, and two were ticketed (not arrested) for running a red light. I don't know if people were claiming that these tickets or arrests were trumped up or not.
That's when Mistric threatened to arrest cyclists for running red lights, on camera (and that's the video you see above.)
As far as I know, Mistric has not made good on his threat. My guess is that his superiors got wind of the video and he was explicitly told `um, no'. After all, Avecedo (APD Chief of Police) has explicitly said that he'd rather ticket `low-level nonviolent misdemeanor crimes' instead of arresting for them, and for an officer to decide to arrest for things that traditionally warranted a ticket (or even a warning) certainly goes in the totally opposite direction.
More recently, three cyclists riding together were ticketed by Mistric. I don't know the specifics, but at least one of them was ticketed for running a red light or stop sign, and says she did not, but that Mistric just ticketed the whole group anyways. If true, that would probably qualify as an `erroneous ticket based on trumped up charges'. I'm pretty sure that's the incident that Jason is referring to. I've heard that there are others, but don't know the specifics.
Vehicles that get caught by red-light cameras are mailed a $75 civil fine, a motorist that gets pulled over for the same has committed a moving violation, but I don't see it on the city's list of misdemeanor offenses:
http://www.ci.austin.tx.us/court/fine_sch.htm
I think the cop's just being a posturing d-bag and the APD is using a lot of their resources in order to create a spectacle (while at the same time they're whining about budgets). I don't think the CM riders are excused for running lights, but they shouldn't be singled out and arrested for breaking traffic law, it's already a $217/$275 ticket.
Hence a "trumped up" charge. concocted-deceiving-false, if the cyclist has the resources for a lawyer they'll probably be able to get the charge dropped. There was no need to haul anyone off to jail.
... and getting pulled over by a cop? It's right there, in the link you gave --
Bicycle - Ran Red Light $217 $275
Ran Red Light $217 $275
If a cop catches you and tickets you, it's a Class C misdemeanor. If the camera catches you, it's a civil action only. (That's why a camera ticket isn't on the list of misdemeanor fines -- it's a civil thing, not a criminal thing, not a misdemeanor.)
There's more on the cameras here. They really don't have much to do with the police at all (besides catching them running red lights on a regular basis, of course) -- they're run by the city.)
And as I just said, I don't think Mistric has made good on his threat. If I recall correctly, the law lets police arrest for *any* offense except for speeding, but as a matter of policy they don't usually arrest for traffic violations.
And finally, CM riders get ticketed for running red lights just like anybody else. I don't think anybody is complaining about that, as long as the person ticketed actually ran the red light and the cops don't go above and beyond by doing something like arresting somebody for a simple traffic violation.