Friday, August 22, 2008

Memphis Cyclist Pulled Over by Shelby County Sheriff

Hi folks- got this e-mail this morning- thought you would be interested. My comments will be posted below eventually when I get the time.

It’s about 9 am Thursday, August 21. I am cycling to work down Germantown Road as I have safely done daily for four years. The traffic light is red for the southbound traffic at the Trinity intersection. I am stopped in the outside lane (next to the right-turn only lane) when the light turns green. (I ride in the shoulder of Germantown Parkway where there is one. Otherwise, I am within 3 feet of the lane edge.) There are no cars behind me. A lane over, a scruffy looking guy in a plain gray car rolls down his window and shouts “Get off the road.” This happens occasionally, so I shout “No” as I ride off, signaling that I am merging into the new outside lane formed at that intersection.


Suddenly, the plain gray car starts flashing his police lights and sounding his siren as he pulls behind me. It’s an un-marked sheriff’s car. I stop in the driveway of Wal-mart and Target. He gets out of his car, slips on his lanyard with a star and asks, “What did you say?” I admitted that I said “No”. “You don’t tell an officer no in the line of duty,” he says. I apologized and admitted that I was wrong to do so.

He says that I can’t ride on Germantown Parkway. He asks, “How long have you lived in Memphis?” I told him that I have lived here for the last 27 years, as if that mattered. “You can’t ride on the road. You don’t have a tag and registration. You’re impeding traffic.” I explained that traffic is impeded if there are four cars behind a slow moving vehicle, and they have no safe way to pass. I carry a copy of T.C.A. 55-8-171 to 174 and I offered to show these to him.


“I don’t come into your office telling you how to do your job, don’t tell me how to do my job. I don’t want to see the law. You can’t ride on the road. Your bike has to be registered. Consider this a warning. If I see you on the road again I’ll give you a citation. If your still riding on the road, I’ll throw you in jail.”

Unfortunately, I was so rattled that I failed to get the officer’s name or badge number. I had no way to know he was a police officer being scruffy sitting in an unmarked car a lane away. I am shocked how ignorant of the law he was, unwilling to see the law. He was more upset that I said “no” to someone who looked like a day laborer.

I am e-mailing you to publicize this mis-treatment and ignorance by an officer of the law.

Dave W.

Cliff's comments: Who trains these sheriffs?
"You can’t ride on the road. You don’t have a tag and registration. You’re impeding traffic. Bikes have to be registered” These are all wrong, legally. I wish the officer had given the cyclist a citation-- my guess is he didn't get a citation because the officer knew it would not hold up. What a bozo.

1 comment:

Anonymous said...

Honestly, Cliff, it sounds like this guy is a reserve officer. 500 hours of training and a few minor requirements and you too can be a reserve officer. I'm sure 99% of them are out for the good of the community, but the bar sounds a little low and ripe for abuse by power-hungry citizens. Bottom line is it's critical to get name and badge #.

http://www.shelby-sheriff.org/programs/volopps.asp

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