What is the name of your state (only U.S. law)? Texas
Original Citation: Impeding Traffic (Texas Transportation code 545.363)
Sidenote: I previously made a post about this on these forums but forgot my login and cannot reset it. I have provided the original story along with my recent pretrial hearing.
The Story -
Backstory on the violin man-
There is a young man in our town who is well known and liked. He attends our local University and raises money to pay for it by playing his violin. He never bothers others, or asks for money. The young man just plays and is very very good. Many news stations around town have done multiple stories about him. Every time I see him I place case in his violin case.
The Event-
The other evening as I was driving home I witnessed two Police cars pulled over on the side of the road near a stop light. As I approach the stop light I see two police officers outside of their vehicles writing something on a clipboard. When I come to a complete stop at the red light, I see the young man playing his violin with his case open on the ground. The police officers were 5-10 feet back away from the man and his case. I decided to place my vehicle in park and walk 3 feet to the case and place cash inside. (The direction I was walking was no where near or close to the officers or in the direction of them. The total time out of my car was approximately 2-4 seconds) As I get back to my vehicle while the light is still red, and I begin to open my car door I hear one of the Officers yell "Hey!". I turn around and the younger officer said "You can't be giving this guy money. What he is doing is illegal!". I said "Ok?". Then the older officer with the clipboard tells the younger one "Tell him to pull over and give him a citation for impeding traffic". I get back in my vehicle and the light is still red. The light continues to stay red for another 20-30 seconds. I drive ahead after it turns green and pull over a street down. The younger officer comes up and tells me "I have been given direct orders by my Sergeant to write you a citation for impeding traffic". I tell him "I understand, but you do realize that the light was red the entire time and I know the individual I gave money to". He says "Yes I know, like I said, I was told to do this by my Sergeant". I take the ticket and head home. Under the Offense code it is blank, but the offense says "Impeding traffic".
Too Long Didn't Read Story section - Stopped car at red light. Opened door. Placed cash inside violin case on side of the road. Was told to pull over by a police officer. Light was red when I got back inside my vehicle (Out of it maybe 5 seconds total). Police officer gave me a citation for "Impeding traffic", but on the citation he left the offense code blank.
Pretrial Section -
I went to my Pretrial hearing last week and represented myself. I was called back and spoke with the Assistant City Prosecutor(? not 100% sure if that was who she was, but I know for a fact it was NOT the actual city prosecutor). She showed me the "evidence" they had before I said anything.
Dash cam Evidence - It starts off on the side of the road and it shows all the cars in the first lane to the left at the red stop light. I come into the footage walking to the violin case and placing the money into it, and then it shows me walking away. I was in the footage for a total of 3 seconds. It then shows the officer walking towards the road yelling at me, turning around, and then walking back to his patrol car. The entire time it shows the stop light still red but my vehicle was not in the footage.
After the video ended she said, "You were clearly impeding traffic, that no emergency vehicle could of passed by you because you were out of your vehicle and would of been unable to move it."
I said, "In all due respect, I disagree. I was cited under Texas Transportation code 545.363. As you are probably fully aware that it states the following : An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. By myself being at that stoplight, I was in compliance with the law. "
She pulled out her law book and started flipping through pages. She looked up and said "Well I know the intent of the officers and that they wanted to give you a citation for being outside of your vehicle and it unattended. So I'm going to talk to the officers and see if they want to amend the citation to the correct charge, which would likely be a parking one or I will dismiss it entirely. So we can either reset this pretrial and have it again, or just go straight to trial, it is up to you."
FINAL-
I decided to reset to have another pretrial in hopes that it is dismissed. Any advice or thoughts into the whole process and what type of new charge will be placed upon me?
Original Citation: Impeding Traffic (Texas Transportation code 545.363)
Sidenote: I previously made a post about this on these forums but forgot my login and cannot reset it. I have provided the original story along with my recent pretrial hearing.
The Story -
Backstory on the violin man-
There is a young man in our town who is well known and liked. He attends our local University and raises money to pay for it by playing his violin. He never bothers others, or asks for money. The young man just plays and is very very good. Many news stations around town have done multiple stories about him. Every time I see him I place case in his violin case.
The Event-
The other evening as I was driving home I witnessed two Police cars pulled over on the side of the road near a stop light. As I approach the stop light I see two police officers outside of their vehicles writing something on a clipboard. When I come to a complete stop at the red light, I see the young man playing his violin with his case open on the ground. The police officers were 5-10 feet back away from the man and his case. I decided to place my vehicle in park and walk 3 feet to the case and place cash inside. (The direction I was walking was no where near or close to the officers or in the direction of them. The total time out of my car was approximately 2-4 seconds) As I get back to my vehicle while the light is still red, and I begin to open my car door I hear one of the Officers yell "Hey!". I turn around and the younger officer said "You can't be giving this guy money. What he is doing is illegal!". I said "Ok?". Then the older officer with the clipboard tells the younger one "Tell him to pull over and give him a citation for impeding traffic". I get back in my vehicle and the light is still red. The light continues to stay red for another 20-30 seconds. I drive ahead after it turns green and pull over a street down. The younger officer comes up and tells me "I have been given direct orders by my Sergeant to write you a citation for impeding traffic". I tell him "I understand, but you do realize that the light was red the entire time and I know the individual I gave money to". He says "Yes I know, like I said, I was told to do this by my Sergeant". I take the ticket and head home. Under the Offense code it is blank, but the offense says "Impeding traffic".
Too Long Didn't Read Story section - Stopped car at red light. Opened door. Placed cash inside violin case on side of the road. Was told to pull over by a police officer. Light was red when I got back inside my vehicle (Out of it maybe 5 seconds total). Police officer gave me a citation for "Impeding traffic", but on the citation he left the offense code blank.
Pretrial Section -
I went to my Pretrial hearing last week and represented myself. I was called back and spoke with the Assistant City Prosecutor(? not 100% sure if that was who she was, but I know for a fact it was NOT the actual city prosecutor). She showed me the "evidence" they had before I said anything.
Dash cam Evidence - It starts off on the side of the road and it shows all the cars in the first lane to the left at the red stop light. I come into the footage walking to the violin case and placing the money into it, and then it shows me walking away. I was in the footage for a total of 3 seconds. It then shows the officer walking towards the road yelling at me, turning around, and then walking back to his patrol car. The entire time it shows the stop light still red but my vehicle was not in the footage.
After the video ended she said, "You were clearly impeding traffic, that no emergency vehicle could of passed by you because you were out of your vehicle and would of been unable to move it."
I said, "In all due respect, I disagree. I was cited under Texas Transportation code 545.363. As you are probably fully aware that it states the following : An operator may not drive so slowly as to impede the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law. By myself being at that stoplight, I was in compliance with the law. "
She pulled out her law book and started flipping through pages. She looked up and said "Well I know the intent of the officers and that they wanted to give you a citation for being outside of your vehicle and it unattended. So I'm going to talk to the officers and see if they want to amend the citation to the correct charge, which would likely be a parking one or I will dismiss it entirely. So we can either reset this pretrial and have it again, or just go straight to trial, it is up to you."
FINAL-
I decided to reset to have another pretrial in hopes that it is dismissed. Any advice or thoughts into the whole process and what type of new charge will be placed upon me?