RECKLESS/CARELESS ANGRY DRIVER CAUGHT ON VIDEO - BUT LAW ENFORCEMENT GIVES FLIMSY EXCUSE TO RATIONALIZE HER ROAD RAGE BEHAVIOR, TO INCLUDE FLASHING HER BREASTS AND FLIPPING US AND EVERYONE ELSE OFF!!!!! First and foremost is the following disclaimer: The officer/agency involved will NOT be named - AND - it is not an officer and/or agency that I know and/or work with. That being said...here is what happened this afternoon after dropping my mother off at the airport. Leaving the airport at approximately 1pm and taking I205 North, as I was scanning my mirrors I observed a light colored Subaru and dark blue VW approaching from behind at a high rate of speed whipping in and out of traffic. By the time we reached Oregon City, just before the bridge, the Subaru whipped in behind us and tailgated (and I mean tailgated) until we passed an RV. Once passed she aggressively whipped over into the middle lane, passed us and cut us off and tailgated the car in front of us until she whipped around that vehicle and cut them off before rear-ending a truck carrying a load of wood (this will be shown in a subsequent video in a subsequent post, Facebook only allows one video upload at a time). The Subaru took off and continued on at a high rate of speed in excess of the posted 55mph signs, and even the 65mph signs once we passed the last exit before the long stretch towards I5. Getting off I205 and taking our exit home, guess who was there waiting stuck in traffic? Yes, the Subaru. She was in the right lane and us the left, and as we passed her she was swinging her arms and yelling at traffic, just as she did when she passed on on I205 once I passed the RV and she sped past us (my wife looked right at her and saw her yelling at us and making hand gestures). She caught up to and passed us erratically changing lanes and running a stoplight a couple seconds before it turned red, all the while tailgating another vehicle who actually changed lanes trying to get away from her (they did this earlier but was unsuccessful as she caught up to them, again). Further down the road she cut us off where the lane merged into one, slammed on the breaks coming to a dead stop to flip us off, then sped up and tailgated the car ahead until she chose to stop at the next light vs running it as she had before. I had already called 911 at this point after getting three small videos of her aggressive reckless/careless driving behavior, which was also the point she turned around and lifted her shirt and grabbed her right breast and flipped it up and down in an angry manner while mouthing what could only be logically discerned as vulgar expletives. Coincidence of circumstance had us going the same direction as her since exiting the freeway, so we followed at a safe distance until an officer was in the vicinity and arrived to pull her over. Once pulled over, dispatch asked us to wait down the road at a local establishment, which we did. When the officer arrived to speak with us (Norma-Jean was with me), he began to explain what she told him and admitted to flashing her breast; but it was what came out of his mouth next that told me right there and then he let her go with a warning and had no intent to offer let alone allow me to have her cited and I sign off on it. This officer stated that had we not taken video and just knowing about her reckless/careless driving on I205 it would have prompted him to take a different course of action, but just because I took a video of her committing these traffic offenses (last time I checked, ORS 811.140 on reckless driving is a Class A Misdemeanor and Careless Driving is a Class B Violation), it changed the whole picture of the circumstances in his eyes (meaning he was rationalizing her behavior). According to the officer the mere fact that she claimed to not have a cell phone, claiming to be scared because we were traveling in the same direction as her making her feel followed, and claiming to be scared because we took video of her reckless and careless driving, that in essence in his mind she was justified in her flashing her breast, which technically isnt a crime, and her subsequent behavior (i.e. road rage). I then asked him take the video out of the equation and she can still come up with the same excuse he is telling us as a justification (rationalization) for him to do nothing, which amounted to her own paranoia because anyone can make the same claim, and he plainly admitted that I was correct in my stated position. Didnt change his mind one bit though, he wasnt going to do anything and he certainly was not going to let me to either (next paragraph). I asked him about issuing a citation and I will sign it since I know he was not there to see the offenses. He flat out said no, that he would do no such thing because he (and he alone) has to determine PC exists. Given this grossly incorrect response it was clear he wasnt going to do anything, so I let him finish his indefensible rationalization in letting her off and parted ways. In short, this officer made a couple errors in handling this situation. First and foremost is the fact that he does not need to determine PC exists to allow or offer me the right to have her cited and I sign the citation (as the issuing officer in his stead). I saw the offense, he did not; therefore he does NOT need to determine any PC exists...that is up to the judge to decide based on my testimony and the testimony of the woman who committed the offenses observed not only by me, but also my wife and taken in real time as shown by three videos. The officer does not go to court to testify to what I saw (which would be hearsay). The citation is issued by me, the civilian, and we both go to court (along with my wife as another witness). All he can testify to is what the woman told him, admitted to, and likely lied to as well upon making contact with her. So his PC excuse not to offer let alone issue the citation under my name was flat out wrong! Second was his gross rationalization that just because I took a video changed the situation in her favor. Video or no video her behavior would have remained the same as it remained constant/consistent from first contact to last last contact. If she was truly afraid then she would have done what any rational sane person would do, pull off the road into a public place and she did no such thing. Rather she continued in her angry/aggressive behavior turning around flipping us off and yelling each and every time we came to a stop. That is NOT the behavior of a woman who is truly scared of being followed by an unknown party who caught her on video breaking the law. Period! She was caught and she knew it, she was acting out in denial of that fact. In the end this woman was a danger to others on the highway and byways. She presented a real risk to others safety and that is why I not only called it in, but also took video because knowing if I had to appear in court it would be my word against hers; and words only go so far when youre a citizen in essence making a citizens arrest via citation in lieu of an actual arrest (for the reckless driving, specifically, which she could and should have been arrested for given her subsequent aggressive road rage behavior). This officer gave this reckless angry (road rage) person a free pass, and for what? Merely because I took a video...yet he admitted video aside the mere fact she recognized our car and we were in her radar (her x foot comfort zone of driving, as he tried to explain it, albeit poorly), that that was reason enough for him to let her off. By his reasoning anyone can make the same asinine claim, it still doesnt justify their reckless driving, careless driving, and road rage behavior. It was clear from the onset that he wasnt going to do anything about it - and he certainly was NOT going to allow me to sign off on a citation (because according to him, only he and he alone has to determine PC exists). The officer had myself, my wife, three videos, and the 911 recording where I detailed her behavior at each stop we came to and in describing her erratic behavior as we travelled until the officer came and pulled her over. I believe whatever PC he was looking for was pretty firmly established!!!! So I know how I feel about this incident, and I am sure those of you reading this also do too. What say you? Please opine and let me know in light of this officers flimsy excuse about the video (or no video) being the game changer for him, and what you think about his so-called reasoning (rationalization) to let her off. Also opine about his refusal to allow let alone offer me the right to have her cited with my signature on it (as though I was the issuing officer), because according to him only he can determine PC exists to issue a citation even though it is technically being issued by me, the civilian, and not him since I was the one who witnessed her traffic crime and violations. NOTE: I was holding the phone and just pointing it in her direction...at all times my eyes were on the road ahead.
Posted on: Sun, 28 Dec 2014 00:38:06 +0000
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