Speed Trap Ahead... (Austin, Lakeway, West: condo, unemployed, high school)

[CptnRn]

In Lakeway, a crusade against speed traps

I enjoyed reading this story in the Austin American Statesman this morning, about a Lakeway resident, Lance Mitchell, owner of this website Speed Trap Ahead » Your civil rights and responsibilities behind the wheel. who often tried to warn drivers about speed traps in the area. Actions which resulted in his being targeted, harassed, arrested by Lakeway Police officers and prosecuted on bogus charges that were later dismissed.

A month after the trial, Mitchell filed a federal lawsuit against the City of Lakeway, Debrow, the code enforcement officer and Almaguer complaining that he "was arrested, jailed and prosecuted ... and deprived of his First Amendment rights merely because he wore a shirt and sported a decal on his truck with a message that reads speedtrapahead.org."

Last month Lance Mitchell reached a confidential settlement with Lakeway and received an undisclosed amount of damages, "I don't have to worry about working for four or five months," said Mitchell, who is currently unemployed.

Here are just a few quotes from the story:

Early on April 22, 2009, Mitchell spotted a Lakeway police cruiser set up inside a school zone with a radar gun. He set up his warning station up-road, pointing enthusiastically at his speedtrapahead.org shirt whenever a driver passed. His truck, which also sported a decal of the website address, was parked nearby.

During the 13 hours he was detained, Mitchell eventually was informed he was being charged with violating Lakeway's sign ordinance by displaying a sign on his shirt and a speedtrapahead.org decal on his truck.

City officials said they were unaware of police handcuffing and arresting anyone else for sign violations.

I once did something similar when out riding my bicycle, I drove by a patrol car speed trap hiding below the crest of a hill. I peddled over the hill where they could not see me and spent about 30 minutes waving at cars to get them to slow down, hollering "Radar", and saved several people from getting tickets.

There is nothing illegal about encouraging people to observe the speed limit.

I always flash my headlights for on-coming traffic to warn them about Radar Traps if I see one. I wish more people would do the same.

[10scoachrick]

"Early on April 22, 2009, Mitchell spotted a Lakeway police cruiser set up inside a school zone with a radar gun. He set up his warning station up-road, pointing enthusiastically at his speedtrapahead.org shirt whenever a driver passed. His truck, which also sported a decal of the website address, was parked nearby."



Sorry, anyone who speeds through a school zone(active) or passes a stopped school bus(with lights flashing) is fair game in my book. I'll agree that Lakeway takes speed enforcement to another level.

I make the trip up 183 to Lometa from time to time and since getting stopped for 74 in a 70mph zone, I've just about decided that 70 is fast enough for me. BTW, both of my vehicles will go over 140mph(so I've read).

Back to Lakeway; you DO have to wonder what they would do if everybody obeyed the speed limit .

[CptnRn]

Originally Posted by 10scoachrick

Back to Lakeway; you DO have to wonder what they would do if everybody obeyed the speed limit .

Then they would spend all their time writing tickets for burnt out light bulbs and cracked windshields. They have to feed the city coffers.

[CptnRn]

No disagreement on speeding in school zones. However, if they just wanted people to obey the law they would park in a visible location to encourage people to slow down. By hiding around corners and over the crest of hills, its obvious that their primary interest is to collect fines, not encourage safe driving.

[Nighthawks11]

As an officer I have discussed this incident with other officer that I work with. While this guy standing on the side of the road warning drivers of an officer working traffic may be annoying it is not in any way illegal.

I am not employed with the City of Lakeway, so I do not know what their officers are told to do or how they conduct business, I am only able to speak of my personal experiences.

I if a parent is standing in plain view of a cookie jar, is it reasonable to say that if a child knows that he is not supposed to have a cookie, the parents direct presence will deter the child from liberating a cookie from the jar, but what about when the parent is not ever present? Now lets say there is evidence that the cookies have been taken so the parent hides and leaves the child to police themselves on whether or not to do wrong. The child is caught and disciplined and now knows that there is a possibility that there will be punishment for an unlawful action.

I am in no way comparing drivers to children, but I believe that some of the same concepts apply. Lets say there is evidence that traffic laws are being broken. Examples include residents calling in and complaining of speeders or persons ignoring traffic control devices, other drivers calling in to report reckless behavior of other motorist, a traffic related fatality occurred in close proximity or several collisions occur because a traffic related offence is being ignored. These are signs that enforcement action should be taken because some motorist are causing a hazard for other motorist.

If an officer parks his car in plain view of a stop sign that is being ran and a person sees that officer and stops because they see the officer, not because they are paying attention to or have respect for traffic control devices, will there be any change in their behavior? If the officer is hidden the motorist is able to continue in a natural way and makes their own decision.

Mitchell is performing the same action of a police car in plain view. I do hold the position as I have explained above. Mitchell standing ahead of my police car warning motorist of my presence, in an area that I have been assigned to enforce because of any of the reasons mentioned before is not beneficial to me. If you think about it, it isn’t really all that beneficial to the community that employs me either. If he leaves when I leave, that causes me to believe, his concern is not for the motorist, but just messing with law enforcement. If Mitchell is so concerned with the motorist well being why did he not demand change in the way the city conducts its traffic enforcement operation, but rater took a cash settlement?

I do not condone the charge for failure to identify. Mitchell provided the information he was legally obligated to give and if the paper reported all of the facts the officers were in the wrong. Too me it just sounds a little more like a pissing match than a glorious crusade.

Debate, corrections and further dialogue welcomed.

[Trainwreck20]

I can't say I bothered to read the story, but I do kind of agree with the statement(s) above - the goal is (or should be) to deter speeders, not necessarily catch them. The only real deterrent (as far as I have ever known to work, anyway) is the threat of getting caught and ticketed. The fear of a speed trap works better than a visible police car.

I am in no way comparing drivers to children

It is funny, but that is often the best comparison - a large percentage of the population seems to through common sense and maturity out the window when driving.

[austin-steve]

Originally Posted by Trainwreck20

I can't say I bothered to read the story, but I do kind of agree with the statement(s) above - the goal is (or should be) to deter speeders, not necessarily catch them. The only real deterrent (as far as I have ever known to work, anyway) is the threat of getting caught and ticketed. The fear of a speed trap works better than a visible police car.

It is funny, but that is often the best comparison - a large percentage of the population seems to through common sense and maturity out the window when driving.

The most effective way for a citizen activist to actually slow the most traffic would be to drive up and down a road and flash headlights at oncoming cars. The flashing would cause drivers to think a speed trap is ahead and thus slow drivers down. Furthermore, unlike warning drivers of a real speed trap, after which they might speed back up, the phony warning would cause drivers to stay slow longer since they'd keep thinking the speed trap must be coming up any second, and might drive slow for miles, probably staying off their phones at the same time.

On the other hand, I confess feeling joy when Sheriffs work Westlake High and pull drivers over like shooting fish in a barrel. I live near the High School and feel discouraged at the number of idiot drivers who speed in the area while talking on cell phones. And it's mostly parents. I think getting a ticket will deter them more than escaping a ticket. On the other hand, seeing someone get a ticket is also a deterrent. Still, I support them working the school zone and busting as many drivers as possible.

Steve

[TexasHorseLady]

So, let's see, Lance Mitchell, subject of the article, is a hero for interfering with police officers who are trying to save the lives of our children by speeding up a speed trap in a school zone to catch the idiots who ignore speed zones because, after all, going fast is the end all, be all of life?

Idiot. Pure and simple idiot. And if the only speed trap he could find to do this with was in a school zone, he needs to be required to spend a couple of days a week for the next year working in an emergency room, specifically with victims of auto accidents.

[verybadgnome]

First and foremost this is a first amendment issue in which Mitchell, not Lakeway, has the higher ground. Unless Lakeway can prove he is somehow endangering the public - which I don't believe - this is a case in which a greedy, overzealous, over-regulated (Ironically it is mostly Republicans/Conservatives out there) municipality is harassing an individual as part of a power struggle. Of course little towns do small scale things like zoning and trash pick up so they rarely think of the constitution or even acknowledge that they are constrained by it.

He may have too much time on his hands, and it is a bit strange for a hobby, but his right to do it should be protected unless he is somehow proved to be a detriment to safety. Of course cars slow down when they see his t-shirt and truck so isn't that the aim of law enforcement or is it revenue generation?

[FueledByBlueBell]

I've driven down Lakeway Blvd many times and when someone hides at the end of a hill and then gives you a ticket for a few miles (2-5) over the limit just as you are going to slow down (after going down a steep hill) then it is a trap. I've never been pulled over but it could happen to any of us (even though I go just at or under the speed limit as I go down the hill you still accelerate unless you ride your brakes). I did get pulled over on 71 going down a very steep hill 6 miles over the speed limit towards the end of the hill as I was about to brake and get down to normal speed (after going down the hill). I hate speeders and reckless drivers but I wish the cops were more focused on them vs. revenue. I think you have to drive in this area to understand.