Help, Need some answers on police claims

[WhightKnight]

What is the name of your state? Iowa

A cop told me I was impeding traffic when I was going 20 MPH on a 45 MPH road, even though the road has two lanes in each direction. How can I be impeding traffic then, when two lanes are exactly made for the sole purpose that others can pass you and go at their own pace.

Also the cop told me if we can hear your music it is illegal? My city ordinances for car sound levels are delineated by decibil levels not vague words... Isn't what he said incorrect then and not a basis for a fine?

Also I was going around a path three times for the simple
reason to practice one's driving and curious as to what several cops were doing on the shoulder. With several police being on the shoulder between the two ends I would turn around and did 6 total turns (3 circles), when one of them pulled me over and said I was harassing them and they would arrest me and put me in jail if I did it again, when in fact I did absolutely nothing but going around a circular type path 3 times at a slow pace and gave one friendly wave? How can this be a basis for arrest due to harassment? I seriously think I was threatened and accused wrongfully.

Do I have a case against any of the three claims the police made?

Thanks
WK

 

[rmet4nzkx]

cruiznnnnnnn
well you can see what happens when you do it again

 

[CdwJava]

A cop told me I was impeding traffic when I was going 20 MPH on a 45 MPH road, even though the road has two lanes in each direction. How can I be impeding traffic then, when two lanes are exactly made for the sole purpose that others can pass you and go at their own pace.

Because you were forcing all cars to go around you. The speed limits are not set for you to decide if it's okay or not. If you want to drive that slow, get off the freeway.

Also the cop told me if we can hear your music it is illegal? My city ordinances for car sound levels are delineated by decibil levels not vague words... Isn't what he said incorrect then and not a basis for a fine?

I am not certain, but Iowa may have a vehicle code covering any music covering loud music from a motor vehicle. So it may be in the state's laws and not the local ones.

How can this be a basis for arrest due to harassment? I seriously think I was threatened and accused wrongfully.

But you were NOT arrested for "harassment", were you? You were cited for impeding traffic - which, by your own admission, you essentially were.

Do I have a case against any of the three claims the police made?

Claims for what? You MIGHT be able to complain to their supervisor if they were rude, but there is certainly no lawsuit and not likely any grounds for discipline either.

Personally, if I saw you cruise by me for no reason three times, I might consider if I was being set up for a drive-by. You'd probably be stopped and ordered to place your hands on the top of the car until I could sort out what was going on.

Carl

 

[rmet4nzkx]

Carl,
You let 'em off easy, the benefit of the doubt. There isn't much to do in Iowa, 'cept cruizzzzzzzz on a hot summer's evening

Did you see the one where some plowed into a cow at 50mph?

 

[WhightKnight]

Because you were forcing all cars to go around you. The speed limits are not set for you to decide if it's okay or not. If you want to drive that slow, get off the freeway.

Carl

First of all, I wasn't forcing anyone to go around me. Is it illegal to go 20 MPH,? I don't think so..... ; 2nd off, I wasn't on a free way, I was on a local road 2 blocks from my house. Many old people drive slower than the speed limit, and many more driver above it. No one is setting the speed limit, and none of us expect to...., but there is no minimum speed limit set for that road, and there are two lanes, so I don't see how I was breaking the law at all by going 20 MPH.

I am not certain, but Iowa may have a vehicle code covering any music covering loud music from a motor vehicle. So it may be in the state's laws and not the local ones.

Carl

I doubt it is the state law because I checked it out, and if the state had a law on it, there would obviously be no reason for the city to take an ordinance up for it.

But you were NOT arrested for "harassment", were you? You were cited for impeding traffic - which, by your own admission, you essentially were.

Carl

I was threatened with being arrested, which meant if I made another circle I would be arrested, understand? I was not cited for anything. He simply told me I was impeding traffic, which I do not believe I was, and he threatened me with arrestment due to harassment, which I do not see how there was any harassment. I can use my own gas; I can use my car; I have the privledge to drive within the laws. And going around an area several times with cops within the area breaks no laws whatsoever.
That being the case, wouldn't I have a legit case towards such a threat?

Personally, if I saw you cruise by me for no reason three times, I might consider if I was being set up for a drive-by. You'd probably be stopped and ordered to place your hands on the top of the car until I could sort out what was going on.

Carl

And then what would you do? You couldn't do anything. And I could make 100 more circles around you, and you still couldn't do anything.

 

[CdwJava]

First of all, I wasn't forcing anyone to go around me. Is it illegal to go 20 MPH,? I don't think so..... ;

If the speed limit is 45 MPH, yes, it is.

2nd off, I wasn't on a free way, I was on a local road 2 blocks from my house.

Sorry - I mosspoke. I should have said "highway" (that covers all roadways).

Many old people drive slower than the speed limit, and many more driver above it.

Many people do drugs, too. And rob banks. That doesn't make it legal.

No one is setting the speed limit, and none of us expect to...., but there is no minimum speed limit set for that road, and there are two lanes, so I don't see how I was breaking the law at all by going 20 MPH.

Sure there's a minimum limit. Check with the local law enforcement and I'll bet they can tell you. And apparently you WERE going too slow.

If you are right and people can travel at whatever speed they want, then you will win in court, won't you?

I doubt it is the state law because I checked it out, and if the state had a law on it, there would obviously be no reason for the city to take an ordinance up for it.

And you were cited for violating what statute?

I was threatened with being arrested, which meant if I made another circle I would be arrested, understand?

Okay ... not a crime to make an idle threat like that. It might be unprofessional behavior, but not otherwise improper.

I was not cited for anything. He simply told me I was impeding traffic, which I do not believe I was, and he threatened me with arrestment due to harassment, which I do not see how there was any harassment.

You weren't cited?!? Then what is the point here??

You can't sue the cop (well, you can try ... but I hope you have a lot of money). And he is probably not going to be disciplined unless it's a comment not to make idle threats again.

I can use my own gas; I can use my car; I have the privledge to drive within the laws. And going around an area several times with cops within the area breaks no laws whatsoever.

Well, apparently, in the officer's opinion, you were impeding traffic - thus breaking the law. If he had cited you, you could try and argue with a judge. Instead, you have no place to go.

Try driving like that again and see what a judge has to say about a min. limit.

That being the case, wouldn't I have a legit case towards such a threat?

No. I can threaten to arrest someone all I want. Nothing you describe here seems to rise to any level of criminal violation or tort.

And then what would you do? You couldn't do anything. And I could make 100 more circles around you, and you still couldn't do anything.

Hmm ... we have a cruising ordinance.

And in case you did not realize it, we can probably find a violation on any car that we want to ... it's not tough. If you want to play, I'm sure the police would be willing to.

By the way, why WERE you circling the block all those times?

Carl

 

[dequeendistress]

(he thought the cops were cute)

 

[WhightKnight]

Funny, but we don't have a cruising ordinance here, so the officier improperly threatened me even if I made 100 circles around him. And no I wasn't forcing traffic to pass me. Everyone in the world can go 20 MPH behind me if they wanted, on the other hand most passed me. So I wasn't forcing anyone to do anything. There are two lanes; it is their choice.

And yeah, I wasn't cited for anything at all; No tickets, no nothing. All I got were some warnings, and you know why? Because the damn cop had no legit claims to his nonsensical words. He couldn't have done anything even if he wanted to, because I didn't break any laws! That is why all he did was warn me, and now I am seeing if I can seek some retribution for his stupidity. After all if he had any legit claims he could have given me several citations right there.

 

[rmet4nzkx]

Ok then go out there next Friday and Saturday evenings cruuuuzzzzn with your music blasting, wave at the cops as you pass and tell them they don't know nothin Have a friend update us on Monday

 

[Happy Trails]

QUOTE:
"I doubt it is the state law because I checked it out, and if the state had a law on it, there would obviously be no reason for the city to take an ordinance up for it."

**In our city they do have an ordinance on how loud the cars music can be played. It is extremely annoying when cars keep going around the block with their bass booming. They also will get a ticket for it.

So the city does have the power to make laws up with in itself. Even if the state has some sort of law or not. They can define it how ever they like.

 

[CdwJava]

Actually, like it or not, every state has speed limits and they have statutes that indicate what a minimum safe speed is. So you may think you have a right to travel at 20 MPH, but you don't.

From the Iowa Code:

321.294 Minimum speed regulation.
A person shall not drive a motor vehicle at such a slow speed as to impede or block the normal and reasonable movement of traffic except when reduced speed is necessary for safe operation or in compliance with law. Peace officers are hereby authorized to enforce this provision by directions to drivers, and in the event of apparent willful disobedience to this provision and refusal to comply with direction of an officer in accordance herewith the continued slow operation by a driver shall be a simple misdemeanor punishable as a scheduled violation under section 805.8A, subsection 8.

Please note that it does not require that a vehicle actually BE blocked, but that the vehicle impede the normal and reasonable flow of traffic. The moment a car was compelled to pass you, you were impeding traffic.

Don't like it? Call your legislator. Or, push the issue, get a ticket, hire a lawyer and fight it out in court.

Arguing that you weren't doing anything wrong will not change the law.

And he may have warned you because he thought that would do the trick. I give a lot of warnings ... it usually works. When they don't - or when they indicate that they aren't listening, I cite the person.

If you have a beef - call his agency and complain. You do NOT have a lawsuit. But, if you have the cash for an attorney, I am sure someone will be happy to take your money and file a claim with the city. But they won'tdo it on contingency because they know it will be a loser.

Carl

 

[WhightKnight]

Why do roads have more than one lane?
Because people drive at different speeds! Those who always go at the exact speed, get passed by those who go above it, and those who go below the speed get passed by those who go at it. People are meant to be passed, that is why there are two lane roads.

According to you, only one lane roads should exist, because anyone who is passed because they are slow, or anyone passing a car by traveling over the speed limit is breaking the law. Anyone who doesn't go at the speed limit should be cited so that passing is unneccesary, and there only has to be one road, but in reality that isn't the case, because people travel at different speeds because the multiple lanes allows them to go over or under the speed limit. And traffic congestion has nothing to do with the multiple road ways in my city, because we are a pretty small city.

My main point for any retribution towards the cop is mainly because of the fact I was threatened with arrestment for harassment, when in fact I can't seem to comprehend how in any form my going around only 3 times a path means harassment.

 

[CdwJava]

Okay, fine. You don't buy it - that's okay. Get a lawyer and sue them. I doubt a lawyer will take the case unless you pay up front, but it's your money so knock yourself out.

And if you truly think that traveling at a snail's pace is okay - then do it. Just don't whine when you get cited and the judge fines you for it.

I don't know what else can be said here. Even your own state indicates that it's against the law to impede traffic and encourages the officers to try and warn drivers (which the officer did), but to punish "willful disobedience."

So, go for it.

And thank goodness you aren't driving in my state.

Carl

 

[Happy Trails]

**I agree with you carl. I'm glad he\she isn't going around my block. But then here he\she would have gotten a ticket.

 

[dequeendistress]

My main point for any retribution towards the cop is mainly because of the fact I was threatened with arrestment for harassment

Maybe you can write a country song...otherwise this is all worthless