Monday, March 16, 2009

The Continuing Saga . . .

I've received several inquiries along the lines of "what ever happened in your cage match with Officer McBreakfast Taco. Those of you who are new to the blog can follow the link to get the details about how a Deputy Constable tried to bully me off the road, and when I stood my ground and later complained to his superiors, backdated a ticket which I beat in court.

Since my last letter outlining what the Texas Transportation Code requires concerning the rights of cyclists, I received a form letter reply, this time signed by the actual, elected constable. It said:

Dear Mr. {Real Lawyer Name}:

Our department is in receipt of your letter dated December 22, 2008. The policy of this department is that all deputies handle citizens in a respectful and courteous manner. We appreciate your concerns regarding this issue.

David Hill
Constable Pct. 5 Montgomery County

While I am sure they "appreciate" my concerns, I'm not sure they believe them. Nor do they "appreciate" that what I'm really concerned about is having the law properly enforced.

Soooooo . . . one more letter on my scary lawyer letterhead, this time insisting upon a face to face meeting with the elected constable himself:

Dear Constable Hill:

I am in receipt of the attached letter in reference to the incident on April 19 in which Deputy Constable Williams, himself in violation of the law, tried to bully me off the road. He maintained that cyclists were to remain out of the active traffic lane of FM 149, and later backdated a ticket to that effect. The D.A. properly dismissed the ticket.

In your letter, you maintain that “[t]he policy of this department is that all deputies handle citizens in a respectful and courteous manner.” Nowhere, however, in all the correspondence regarding this matter, has your office stated whether it is the policy of the department to protect cyclists’ rights under the Transportation Code to use the roads as all other vehicles. Nor has there been any commitment to train Deputy Williams and his colleagues concerning what the law requires.

I therefore request a meeting at your earliest possible convenience to ask you in person what the policy of the department is to be. Are cyclists to expect that the traffic laws will be enforced as written? What is the policy of the department to be concerning officers who fail or refuse to conform to the law? I will be calling to confirm this request when I receive indication that my letter has been received.

Very Truly Yours:

{Real Lawyer Name}

I will get my meeting. When I do, one of two things will happen. If things go well, I will be sweetness and light and offer to light a candle rather than curse the darkness. I just want officers to know how bikes are supposed to use the road. I am even willing to create and conduct, on my own time, training for law enforcement officers concerning what it's like to ride on the roads and what the laws actually require of motorists and police officer.

If things do not go well, then those of you in the peanut gallery who are lawyers already know the implications of "policy" type language in a demand letter.

I hope things go well. I am ready for this to be done.


Flatman said...

Hee. (eats another handful of popcorn)

Get 'em!

Spokane Al said...

I would say that perhaps a lesson here is that one should be very careful before engaging with a person who considers endurance events fun.

Your stamina and stick-to-it-iveness is noteworthy.

Lisa said...

Go Greyhound! And well-said Spokane Al.

Lana said...

Yes, yes, yes. I love how you refuse to go away like they want you to!!! And I love what Spokane Al said!

Kim said...

hahahaa i had no idea this saga was continiuing. i love it!

dpc said...

I'm with Flatman...bring on the popcorn!

Liam O'Connell said...

but americans are supposed to accept authority, never ask why? and just continue in formation? ? ?!?!?

i like it kg!

MisheleK said...


You had me at scary lawyer letterhead.

Brent Buckner said...

You're wearin' 'em down!

Thanks for the update.