The Scene: On the border of Indian Hill and Milford, at the intersection of Shawnee Run Road and Rt. 126.

I was on my moped coming down Shawnee Run on the way to work when I came upon some stopped cars near the bottom of the hill where Shawnee Run ends at Rt. 126.

I was riding in the far right side of the road, as is usual on my moped. Several cars in front of me went left of center to go to a driveway just ahead and turn around and go back up the hill. I stayed in the right hand lane and got down to the last couple of vehicles (a police car, a pickup and another truck) and looked ahead and saw the left lane empty of traffic with an officer standing in a yellow raincoat at the bottom of the hill.

I coasted up to the officer and asked if I could go by, but was told no. This was unhappy news to me, as the moped is pretty slow going up hills, but even so I was about to turn around when another officer came up to me and asked for my drivers license. I said, sure, and got off the moped to get it. I told the officer that I was driving a moped and that it did not require a driver’s license, and the officer said that didn't matter because he was citing me for driving through an accident scene. I gave him my license but said he should know I would contest the ticket because I didn't drive through and was just asking permission. The officer said that was OK and turned and went to his car with my license.

At that point I asked the original officer in the raincoat for his name and badge number. He gave it to me, Officer Ramsey, Badge 412, from Indian Hill, and asked what I wanted that for. I said I was planning to contest the ticked because all I did was come up to him and stop and ask permission to got through. Officer Ramsey said if I was going to contest the original citation he'd cite me for going left of center to come down the hill. I said that was hardly fair, but that I did intend to challenge the citation for driving through an accident scene. Officer Ramsey went and spoke to the officer in the car.

Officer Ramsey came back and stood by me while the other officer stayed in the car. I asked him whether anyone was seriously injured in the accident, and he said no. I asked what had happened, and he said the female driver of the car lost control and slid down the hill into the overpass. I happened to have my digital camera with me, and I knew I intended to challenge any citations, so I took a couple of pictures.

When the officer in the car came back he gave me a ticket with citations for driving left of center (331.05) and for driving in a safety zone (331.29).

I asked the citing officer for his name and badge number and he gave them to me, Officer Dougman, Badge 133, Milford Police. The officer told me I had a court date of June 14 at 4 p.m.

As I rolled my bike out of the area to continue on my way to work, I asked Officer Dougman if he'd be at the hearing on June 14. He said no, that would just be the first hearing where I would plead. He said he'd be at the second hearing. I said thanks and we shook hands and I went on my way and got to work a few minutes later.

Milford Ordinances in violation:

331.05 OVERTAKING, PASSING TO LEFT OF CENTER.

(a) No vehicle shall be driven to the left of the center of the roadway in overtaking and passing traffic proceeding in the same direction, unless such left side is clearly visible and is free of oncoming traffic for a sufficient distance ahead to permit such overtaking and passing to be completely made, without interfering with the safe operation of any traffic approaching from the opposite direction or any traffic overtaken. In every event the overtaking vehicle must return to an authorized lane of travel as soon as practicable and in the event the passing movement involves the use of a lane authorized for traffic approaching from the opposite direction before coming within 200 feet of any approaching vehicle.

(b) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. (ORC 4511.29)

331.29 DRIVING THROUGH SAFETY ZONE.

(a) No vehicle shall at any time be driven through or within a safety zone.

(b) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree. (ORC 4511.60)

After work I stopped by the Milford Police Department to try to find out what kind of fines or other penalties I might be facing. Turns out the building is sited backwards, so the back of the building faces the street and the front door is around back. No matter, all the doors were locked except a cellar entrance marked Police Only, so I guess that will have to wait until next week.

On my way home I also stopped in at the Indian Hill Rangers office to lodge a complaint against Officer Ramsey for threatening me with an additional citation, and for making good on his threat. I spoke to the officer in charge, Officer Dressell, who also happens to be Officer Ramsey's squad leader. We spoke for a long time, and I ended up deciding to discuss the matter on Tuesday with Officer Ramsey's supervisor, Lieutenant Madsen. I of course have the option of filing a formal complaint, or handling the matter informally.

I was very impressed by Officer Dressell and how seriously he took the matter and how thoroughly he explored and, to some extent, explained the situation. I am also appreciative of the distincitions between an informal complaint and a formal complaint, and have reservations regarding whether this incident rises to a level requiring the latter. Clearly, based on the ordinances, the officers have grounds to say I was out of line to go past the police car and approach an officer to ask my question, but I wonder whether any citation was warranted, given my obvious willingness to comply with direction. To my mind the citation for passing left of center is not applicable, and further I am sure the situation was escalated past where it should have. So, back to the original question, "When will I learn?"

Update Sunday, June 11

I did call and speak with Lt. Madsen on Tuesday, and he was pleasant enough but said if I felt there had been any sort of misconduct or abuse of power I should go ahead with the formal complaint. So I did.

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I also spoke to several local lawyers about my situation. I learned the following:

• Mayor's Courts in our area are generally are known as "courts of conviction" in which the words "not guilty" are rarely heard from the bench. The presumption is that the police know their business and are correct to issue citations.
• The mayor does not preside. The Milford court hires a magistrate from the county seat, Batavia, to preside. At this time, the magistrate who hears cases in the Milford Mayors court is a former Milford police officer.
• The case may be defensable on it's merits, but that would not ensure vindication.
• The soliciter for Milford has a positive reputation among attorneys, and may be willing to bargain over the plea. He might be willing to drop one charge for a plea on the other, or even allow a plea on a lesser (non-points) charge.
• A lawyer would probably charge ut to $400 to defend this case, but having a lawyer would not likely affect the outcome.

So, I'm still weighing the possibilities. I did turn in the complaint against the Indian Hill officer, but that is an unrelated matter.

Friday I was surprised to get some mail from the Mayors Court.
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So the date got moved to June 21st, which is better for me. One break at least!

More later,

Ray