Move Over Laws and Other Nonsense-I Need Advice

Friends:

Hi from Cleveland. I've just found a new use for our blog. I need to vent some frustration. The story's a bit long, but here goes. Be patient. I need advice from some of you.

On my way to catch a late afternoon flight from DFW to Cleveland, I decided to stop by the Apple store in Southlake. I've been spying this fancy new little iPhone for a couple of months now, and I thought I'd take the extra time I had to ask a few questions of the Apple folk in Southlake. Plus, I teach lots of students from Southlake and I've never seen the place. I thought seeing the town might be a good idea.

Well, as I'm innocently driving along Highway 114 north of Ft. Worth, I'm suddenly pulled over for absolutely no reason. I was not speeding. In fact, I was going probably ten miles under the speed limit. I was being the model of a law-abiding citizen. I have my insurance up-to-date, I have my inspections up-to-date, I have my driver's license up-to-date, and I was proudly wearing my seatbelt. Highway 114 was busy and I was in no hurry, so I had no reason to speed. Well, Officer Wes (gotta love the name) Horton decided to pull me over and give me a citation for something called a "Move Over Law" violation. Of course, I had no idea what he was talking about, nor do I know now. I still cannot understand why I was pulled over. The interesting thing is that, while I was pulled over for nearly 20 minutes (!), another cop on a motorcycle pulled over right in front of my truck and stopped. He was hiding. After about two minutes, he peeled out to pull over some other unsuspecting motorist who apparently also was violating this ambiguous "Move Over Law". I immediately smelled something fishy, and it wasn't the Bass Pro Shop nearby. Well, after what seemed like over an hour, Officer Horton arrived back at my door and filled out the citation (what was he doing back at his car?). I then asked him what I needed to do in order to challenge the ticket. He said I needed to call the number on top of the ticket. I signed the ticket--not admitting guilt, mind you--and drove off.

About 1/2 mile up the road, I pulled over and called the number at the top of the ticket. The number eventually got me to Mr. Crow, the Town Marshall of Westlake (yes, there is a Westlake north of Ft. Worth, also). Mr. Crow is a very nice man. I learned from him that this "Move Over" law captured quite a bit of media attention in the Dallas area about a year ago when it was first instituted (alas, nothing in Waco). I, however, have never heard of this thing. Mr. Crow then gave me the number for Lt. Robert Enckausen with the Keller police department. It turns out that Westlake, the town I was in I guess, has no police department. Folks in Westlake contract their police work with cops from Keller. Is anyone confused yet? Me, too. Well, I left a message for Lt. Enckhausen at the Keller police department. He did not return my call, but a gentlemen named Corporal Dudley did. Corporal Dudley attempted to explain the "Move Over Law" to me, but, being the uneducated chap that I am, I still don't understand.

Well, I guess that's enough of the details. To make a long-story short, I will be retaining legal counsel and battling this sucker to the death. There is a principle at stake here, and I am on the side of justice. I am more than happy to abide by the law when it is clear, when it is purposeful, and when I know what it is (insert relevant scripture here; my Bible is in Hewitt). I also will not be the victim of some kind of game by two cops trying to meet a ticket quota. On top of everything else, nobody seems to know what the fine is for this here citation. I did get something from Mr. Crow, the Westlake Town Marshall. He guessed $290. My lovely wife did better than that, and she has a full-time job that does not entail keeping up with ticket costs. Dana did a Google search which uncovered that the maximum fine is $200. I guess Mr. Crow was adding in some additional bucks for court fees. What irony, I could almost have an iPhone for $200.

I tell all of you this because I need to draw upon the expertise in our class to fight this sucker. I'm following a page from the Steve May playbook here. Steve has been successful at challenging tickets. I also know that my friend Jeff Fadal has likely given a few of these here tickets, so maybe Jeff has some insider information. On top of that, my friend Barry Sullivan no doubt has a view of this matter from the perspective of a city manager. So, if you have advice, please send it along. I would appreciate your thoughts. I also am looking for the best "Move Over Law" lawyer in the country, one who knows everything about this newly-created rule, which apparently confuses everyone.

I hope all of you had a better Wednesday than me.

Hugs and kisses,

Dr. J. W. Null

P.S.--I hope this email gets subpoenaed in court.