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Old 06-25-2012, 10:44 AM   #261
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Originally Posted by kibitzer View Post
Gotta love the unintended storm.

UsWHI
Why didn't he just let go?
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Old 06-25-2012, 10:45 AM   #262
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Why didn't he just let go?
Because that would have made it for realz
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Old 06-25-2012, 11:15 AM   #263
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As TRDVET already posted the statute, you can see it doesn't specify what reckless driving is. Courts and case law have given us a slightly more expanded definition but it still isn't great:


"'Wilful and wanton disregard,' as applied to reckless driving offense, means deliberate and conscious indifference to the safety of others." - Harris v. State, (Tex. App--Houston [1st Dist], 2004)
Also it could depend on what county and even what ADA is handling the case.
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Old 11-17-2014, 10:22 AM   #264
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http://crimeblog.dallasnews.com/2013...-million.html/

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Christopher Moore, who was riding southbound on Stemmons Freeway near Inwood Road when he was pulled over and eventually arrested by Deputy James Westbrook, is suing Westbrook for, among other things, assault and battery, gross negligence and “intentional infliction of extreme mental anguish.” And he’s asking for $1 million in punitive damages, on top of $75,000 in actual damages and attorney’s fees.

Westbrook’s already been punished by the department: He was suspended for 38 days for “conduct unbecoming of an officer,” according to legal documents, “and exhibiting a lack of professionalism during his contact with the driver of a motorcycle during a traffic stop on May 27, 2012.” That’s when Westbrook got behind Moore and pulled him over without cause, insisting the biker, who authorities eventually determined had been riding between the lines and by the book, was part of a group of riders intent on shutting down the freeway as others had done elsewhere in years past. Hoping to avoid a repeat of 2011′s freeway shutdown, Dallas police and sheriff’s deputies stepped up patrols last Memorial Day weekend; at times it seemed as though officers were posted along almost every highway overpass in town.

Moore was riding down Stemmons with other bikers when Westbrook hit his sirens and pulled him over. Moore wanted to know why he’d been stopped.

“The reason you’re being pulled over is because I’m going to take your camera, and we’re going to use it as evidence in the crimes that have been committed by other bikers,” Westbrook told him.

Moore, who said he wasn’t with the other bikers, responded: What crimes?

Eventually Westbrook came up with one, accusing Moore of having a partially obscured license plate. “That was indeed a strange charge for [Westbrook] to make,” says the suit, “considering that before he stopped [Moore], he had radioed his police dispatcher telling the dispatcher the license plate number of [Moore's] vehicle which means the license plate was obviously not obstructed.”

Eventually a Dallas police officer showed up, they removed Moore’s helmet (with “unreasonable force and violence,” says the suit), and he was taken into custody. Moore spent eight hours in jail, though the charges against him were eventually dropped.

Long story short, says the suit: Westbrook violated Moore’s constitutional rights.

Just last month, Westbrook filed his own lawsuit related to this incident: He claims in court documents that the sheriff’s department’s decision to suspend him for 38 days was “arbitrary, or capricious, characterized by abuse of discretion, or clearly an unwarranted exercise of discretion.” His suspension was ultimately shortened to 30 days, but he still wants the decision overturned, as well as back pay and attorney’s fees.
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Old 11-17-2014, 10:30 AM   #265
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I hope he wins
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Old 11-17-2014, 10:34 AM   #266
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Just checked, that info is from 2013....
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Old 11-17-2014, 10:41 AM   #267
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Whatever squid deserved it

That's why it's a good thing in not a cop, pitt maneuver FTW!


So did squid win?
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Old 11-17-2014, 10:54 AM   #268
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April 16, 2013

So what was the outcome?
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Old 11-17-2014, 11:40 AM   #269
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Settled for $25K

http://www.dallascounty.org/departme...2013Jun04c.pdf
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Old 11-17-2014, 11:43 AM   #270
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Far cry from the 1 meeeellllliiiiooooon he was asking for, minus atty fees
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Old 11-17-2014, 11:47 AM   #271
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Bet that didn't cover the attorney fees lol
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Old 11-17-2014, 11:48 AM   #272
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Far cry from the 1 meeeellllliiiiooooon he was asking for, minus atty fees
Taxpayers are still out $25k because an officer acted a fool.

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Bet that didn't cover the attorney fees lol
Maybe not, but the case was probably taken on a percentage like personal injury cases. Probably about 1/3.
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Old 11-17-2014, 11:56 AM   #273
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Good thing it was in Dallas

Kinda like the kmart raid, good intentions, bad execution, lol
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Old 11-17-2014, 12:32 PM   #274
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Good thing it was in Dallas

Kinda like the kmart raid, good intentions, bad execution, lol
The road to is paved with good intentions.
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Old 11-17-2014, 12:46 PM   #275
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Quote:
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Raw video of a guy pulled over and then arrested for obscured license plate.

http://youtu.be/eyYlRZAdPGk

Pulled over at 3 minute mark. Is the obscured license plate a jailable offense?
It was a bogus charge- rider was in a group of bikers supposedly tormenting the town on the anniversary of another rider's death. Cop did an unlawful stop- and was sued for 1 million dollars. Case settled, charged dismissed.
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