Ask MC...kinda

Jeremy wrote to me a couple weeks ago and asked my thoughts on the Ohio Supreme Court's recent decision regarding speeding and the burden of proof. It's not necessarily the typical "Ask MC" question, but I think I can make it work.

First, since I don't live in Ohio...and generally despise the state (due mostly to you Buckeyes out there...Go Irish!!), I had to do a little research. If you're interested in a longer explanation, you can check out this article. Keep in mind, the inset boxes are a more direct quote from either the Court itself or the news media. Remember, the rest of the article is the opinion of the writer of the blog...just like what I write here.

In a nutshell, the Ohio Supreme Court ruled recently that "a police officer's unaided visual estimation of a vehicle's speed is sufficient evidence to support a conviction for speeding...if the officer is properly trained." Of course, this caused predictable cries of "we're losing our freedom" and "Ohio is turning into a police state" and other such the-world-is-coming-to-an-end drivel.

As is often the case, in my experience, the public at large is fairly ignorant when it comes to matters of police training, expertise, experience, responsibility, and general daily duties. All too often, folks take what they see in popular culture (books, movies, TV) and bend it to a reality it neither earned nor deserved.

So, I shall take upon myself the mantle of educator. This is gonna be a quick, down and dirty explanation of visual estimation and speed measuring equipment. Here we go...

In Honeycutt vs. Commonwealth of Kentucky (1966), the Court ruled the radar operator (the PO-leece for the sake of our discussion) will have made a visual estimate of the target vehicle speed. That basically means we use radar (the cooler amongst us using lidar) to quantify our visual estimation. POST (Police Officer's Standards and Training) requires a 24 hour class on how to properly operate a radar (and an additional eight hour course on the lidar...plus four more if the lidar uses the DBC, or Distance Between Cars, function). Included in the course is a practical exam requiring the student to visually estimate ten vehicles' speeds and distances...the speeds need to be accurate within five miles per hour to pass.

Now, that by no means makes you any kind of expert, but in State of New Jersey v Dominick Dantonio (1955), the Court ruled a few hours of training is sufficient to qualify an operator. Again, in my opinion, that doesn't mean an officer can go out willy-nilly and just start estimating vehicles with any kind of proficiency. Like anything else, it takes time and practice.

After literally thousands of car stops and tens of thousands of visual estimations, I feel perfectly comfortable and qualified to stop a vehicle based solely on that estimation. When I use my lidar, I consistently am within two to three miles per hour of what my visual estimation was of the target vehicle.

I have also stopped and cited a small number of vehicles based on nothing but my estimation. In a case like that, it is usually if I'm standing on the side of the road away from my bike and I see a car speeding, but I don't have my lidar in hand.

So, let's go back to Honeycutt. Or have I bored the shit out of you already? Well for those of you still reading, I applaud you. At any rate, the point behind Honeycutt in part was to justify the officer's use of radar. Radar works by sending out a radio wave and it bounces off the biggest reflective surface. Consequently, the Court in Honeycutt wanted to establish that "the officer's estimate of excessive speed from visual observation, when confirmed by the radar and the offending vehicle is out front by itself, nearest the radar is sufficient to identify the vehicle if the officer's visual observations support the radar."

That's a lot of words to say the radar isn't a target specific piece of equipment and the officer needs to jibe his visual estimation with a piece of equipment that reflects something similar. With today's use of lidar, which is immensely more target specific and incredibly accurate, I don't know that Honeycutt really applies anymore...but it does set the standard and base for our use of speed measuring equipment in relation to enforcement.

And that is a long ass winded way to say Ohio didn't really change anything from what is S.O.P. in today's law enforcement. They just made it official. There is no legal requirement (in CA and to the best of my knowledge) for me to have a speed measuring device to corroborate my visual estimation. Rather, the radar/lidar needs me to validate its findings, not vice-versa.

It may seem like a silly chicken vs. egg argument and I don't necessarily disagree. The point remains, however, that if I see you speeding, I'm going to stop you and I'm going to cite you. Maybe I got you on lidar. Maybe I just saw you and said, "Shit, that cat is fucking flying!" Either way, so long as I can articulate it and explain how/why your operation of that vehicle was unsafe at the speed on that roadway under those conditions, you're gonna lose.

So, you can all blame Jeremy for that drawn out response. I, for one, enjoyed the topic, Jeremy, so thanks for taking the time!

A Responsible Driver?!?

This is a new one on me. I was so impressed with this lady, I figured I'd share it with you. By now, you may have grown weary of my repeated requests to take responsibility for your actions. It seems this lady was listening (or so I'm telling myself).

Today, I got a call regarding a hit and run that occurred on Sunday (two days ago, mind you). The detail of the call doesn't include any information on either vehicle. Typically, in a case like this, we will contact the person and tell them they are welcome to fill out a counter report for their insurance purposes. Since we have no suspect information, there is nothing we can truly do for the victim of a hit and run (this is PDO (Property Damage Only), no injuries, so don't get all excited on me) and the only reason they request a report is for their insurance.

I called the person that reported the issue. She wasn't the victim. She was the "doer" (insert dramatic Law & Order style bump music)! She was actually a very nice lady. She told me the story of how she pulled out of a parking spot and was pretty close to another car, but she didn't think she hit it, so she just went about her day. This morning, she noticed the damage and flashed back to Sunday.

She immediately contacted the police because she was afraid someone out there thought she had intentionally hit their car and left. I did a little checking and no one had reported any hit and runs on Sunday. She did mention that the other vehicle was a pretty big SUV with a hefty bumper and her vehicle scratches if you look at it sternly.

I assured her she was in the clear, but I did thank her for calling to make sure she hadn't done something wrong. She told me she just wanted to make sure she was complying with the law.

Can you imagine such a thing?

Cyclists, do you need bigger targets?

I have a long standing issue with cyclists. What follows may be viewed as a sweeping generalization of cyclists. Hey, if that's the way you want to take it, knock yourself out. Maybe there's a reason you're being so defensive. I'm just sayin'...

If you're a law-abiding, safe-riding, stop at stop signs/red lights type of cyclist none of this has anything to do with you and I would like to personally thank you for not being a raging, self-entitled douche monster.

That notwithstanding, though, I do have a large issue with a particular cyclist I had the misfortune of contacting not too long ago. I was riding up on a four way stop when I saw a cyclist approach to my right. He hooked a quick right (now headed the same direction I was) without even slowing for the stop sign. And away we go...

MC (yelling out): Sir!

ARSEDM (aforementioned raging, self-entitled douche monster...hell, let's just shorten it up to ARSE, shall we?): *looks back*

MC: Pull over.

ARSE makes a right in an alley and continues on his merry way.

MC (over PA): Sir, I was talking to you. Please stop.

ARSE stopped.

MC: Thank you. Do you know why I'm stopping you, sir?

ARSE: No. (attitude already developing)

MC: Well, you didn't stop at the stop sign.

ARSE: Okay.

MC: Fair enough. Do you have your license with you today, sir?

ARSE: No.

MC: Okay. (I grab my cite book). What's your name, sir?

ARSE: Are you going to give me a ticket?

MC: Yes, sir, I am. You failed to stop for the stop sign.

ARSE: This is ridiculous. Why aren't you stopping cars that don't stop at stop signs.

MC: Sir, you do know you have to follow the same rules of the road as vehicles, right?

ARSE (huffs): Yes!

MC: So, you basically just flagrantly defied the law, then? I mean since you know it and all.

ARSE: I didn't flagrantly do it!

MC: I need your name.

ARSE (mumbling): arse

MC: Excuse me?

ARSE (yelling): ARSE! Why don't you take off your helmet so you can hear me!!

MC (requests additional unit): Listen, sir, you need to lose your attitude. There is no reason for you to be acting like this. You violated the law, you're getting a ticket. If you don't like it, you're welcome to go to court. What's going to happen when a car breaks the same law you just did as the same time as you? You're not going to win that fight. You're going to get knocked into next week.

ARSE: That will never happen.

MC ponders how nice it must be to have a fully operational and reliable crystal ball. I should have asked the prick where he got one. I handed him his cite.

ARSE: I'll see your ass in court!

MC: Excellent, sir, I'll be sure to tell the judge just that.

He continued to berate me like a six year old while I wrote out his ticket. Why is it that there is a distinct statistical deviation between the number of drivers I stop with bad attitudes vs. the number of cyclists with bad attitudes? I would say that roughly 15-20% of drivers have lousy attitudes; however, cyclists are much closer to around 65-70%. I treat them all exactly the same. As a matter of fact, I probably give more warnings to cyclists simply out of not wanting to deal with bullshit attitudes. Methinks I shall have to stop doing that. No reason folks should get a break just because I don't want the hassle, right?

Like I've said in previous posts, if you ride a bike, good for you; however, do me a favor and don't be a stupid cyclist, okay? Of all the bicycle crashes I've taken over the years, about 80-85% of the time the cyclist is at fault, not the car. Cyclists, you are smaller and weight less than a car. You will lose. Save yourself and your family some heartache and follow the rules of the road.

Oh, and don't send me comments about how the drivers are (insert whiny voice) "so mean to us". You should know me well enough by now to know that when I see drivers doing stupid shit (be it to you or anyone else) they get their comeuppance as well!

Stay in the bike lane, don't ride five deep, stay to the right, signal your turns/lane changes and odds are your interactions with drivers (not to mention me) will improve.

We now return you to your regularly scheduled blog...

It seems you kids are enjoying the new look! Many thanks...HM and I are quite proud of it as well. I've gotten a couple emails regarding some items that have gone missing. You will now see the blogroll of a select few LEO/EMS/FIRE friends further down on the right sidebar. Feel free to click away and tell them MC sent you!

It was a crazy week in Town. I worked quite a bit of OT and got myself a nice little arrest. Two neighborhood knuckleheads decided to burglarize a nice elderly couples home after they and the grandkids left for a bit. We caught 'em and recovered all the property. Consequently, however, I had to stay late in addition to the following two days of longer than normal hours. At any rate, posts are coming your way...

One last thanks again for all the positive feedback! I'm excited to have brought you a new look!

Wilkommen Bienvenue Welcome

Here it is...the new and improved blog!

Your buddies at HMHQ and here at MC's place have worked like fiends (at least HM did...but every project needs a supervisor, right?) to revamp the blog. There's obviously some new features and more to come as we work out the kinks. At the top and to the right, you'll see the obvious and complicit links to facebook, twitter, email contact, and the RSS feed. To access any of them, just click away! At the beginning of each post, in the upper right corner, is the new comment link. At the bottom of each post, there is a link to share that particular post on facebook and/or twitter. Feel free to make a comment, shoot me an email, tweet, fb, or pharbingle (okay...who thought that last one was real?) me and let me know what you think of the new design!

I'm still working on the schwag shop with the Wife, but it'll be coming soon! You'll also notice a slide show to the right. At the moment, I've just got the pics from the old blog. I really want to add to the slide show in the future, so here's what I was thinking...if you're a current LEO, send me a photo of you in action (be it in the car, at the range, or with your fellow officers). If you're also a Motor, shoot me a picture of you and your motor or your whole damn motor unit and I'll put it in the slide show! If you're neither of these things, see if you can get a photo with a local copper. Offer a nice cuppa in exchange for a picture...then tell him/her about your buddy, MC!

I literally could not have done any of this without my good friend, Happy Medic. Those of you that know Happy are aware that he is doing big things in the EMS world. I encourage you all to take a gander at his page and his cohorts over at the Chronicles of EMS. As busy as he is, he still made time for me and my silly little blog. Thanks, brother, for taking the time to help a computer neophyte out and making the blog purty!

Posting has been spotty of late and for that, I apologize. I've been spending more of my energies in the creative process of design as opposed to writing. That and I've been a lazy bastard. Mostly, the bastard part. At any rate, I've been getting some excellent emails lately with some good questions and I promise to get to them (be it in post or email) in short form.

So, with that, I bid you once again, welcome! I hope you all enjoy the new look. Thanks for the past couple years of encouragement and constant support. It's because you folks read this stuff that I keep writing it with any kind of frequency. You've led me to some pretty cool insights, experiences, and opportunities.

Cheers and Enjoy....

MC

Thanks, Dad!

You all have someone (at least in part) to blame for how I came to be MC...my Dad. As most of you know, I grew up in the firehouse. Public service was a part of my growing up. Helping other people was always toward the top of the list with my family.

Case in point came about 22 years ago. My Dad and I were on our way to So Cal for a scuba trip up the coast of California. We've taken a yearly trip, just the two of us, every year since I was 12. We are closing in on our 30th year. At any rate, we hadn't made it 20 miles away from home when we happened upon a overturned vehicle collision on the freeway. No emergency crews were on scene yet. My Dad stopped the car, got out and said, "Stay here." Off he rushed to help...only to stop about 10' from the car. He turned around, ran back to the car and said, "You know CPR. You come with me." (I had just completed some training as a lifeguard).

I imagine my eyes got wide in anticipation and excitement. I hopped out of our truck and ran after him. I don't remember if someone had pulled the injured man from the car or if he had been ejected, but my Dad told me to help. Dad directed me on how to immobilize the injured man's neck until Fire/EMS arrived.

The man didn't speak English, but I talked to him as he bled all over my hands. EMS arrived not to soon after that. Dad and I were relieved and we went back to our truck to continue our father/son trip. We had one of the best trips of our lives and there are a ton of stories from that trip...but none of them helped to shape my eventual calling into Public Service as much as this one.

I'll never forget the look of pride on Dad's face that day as we got back in the truck. I'm sure my smile stretched from ear to ear as we drove away. I was so proud. Sure, I was proud to have helped the injured man, but I was more proud that I could help my Dad. My Dad was (and still is) my hero. How he balances so high on that pedestal, I'll never know.

Even as an adult, I always loved visiting my Dad at the firehouse. When they'd get a hit, I'd rush out to the apparatus room and watch them fire up the engine, raise the door, hit the lites, and pull out to go be heroes. To this day, I get a rush simply thinking about it.

My passion for helping others was formed at an early age and it's due in large part to my Dad. He never thought twice about putting himself in harm's way to help someone else. I have the same philosophy.

So, thanks, Dad. You know you've always been my role model...and not just professionally. Thank you for being such a stellar example as both a public servant and a Dad. You've made my life that much easier just by being who you are without apology. I love you, respect you, and appreciate all the sacrifices you made for me.

An Oldie but a Goodie

On the FB page, Pam sent me a link to the video that follows. I (and probably most LEOs) have seen this video hundreds of times. It is no less true now than it was the first time I saw it. What follows are words to live by that the simplest of us should be able to understand and put into practice.

Ladies and Gents, I give you the venerable Chris Rock...

"But I'm a Fireman!"

Oh, no he didn't!

Yes. Yes, he did.

Let's revisit professional courtesy for a moment, shall we? Listen, I believe in it. Just like all the other LEO blogs you read. Have I been on the receiving end of it? Yup. Have I given it? Yup. Is it as simple as that? Nope.

I'm not going to delve into how I "got out of a ticket" or why I let others slide. The fact is it happens. Do I "offset" it by giving warning to regular citizens? Sure, if it makes you feel better. As a matter of course, though, I can tell you that I give regular citizens breaks every now and then regardless of how many "professional courtesy" stops I make. Again, folks, it's all about attitude.

Read that last line again. See that last word, "attitude"? Well this guy started to have one and I showed him the error of his ways....

MC: Do you know why I stopped you?

UFF: I think I was going to fast?

MC: Yeah, but it's not the end of the world (standard line, by the by). Do you have your license, registration, and insurance with you today?

UFF: Sure. (He grabs the appropriate documents and hands them over. I saw him put some kind of ID card on the center console real subtle like, but he never mentioned it.)

MC: Okay, hang tight, I'll be right back.

So, I walked back to the bike and started running him out. I started to scratch out the ticket when I see him get out of his truck (should have been a clue, you fire-eaters love you some trucks).

UFF (sees me writing a ticket...throws up his hands in general frustration/irritation): But, I'm a firefighter!

MC (seeing an opportunity to educate a relatively younger member of this, our Public Service): Come here. (Said with just a hint of "I don't give a shit who you are"). Let me explain something to you. I'm all for professional courtesy, but here's the thing...it's that last word, courtesy. Do you think you're acting either courteous or professional right now?

UFF (Uneducated Fire Fighter): No

MC: Just because you happen to be a firefighter isn't an automatic pass for a violation. As a matter of fact, you should know better because you see the results of speeding vehicles first hand!

UFF: Yeah. I was just...

MC: Hey! I'm not done lecturing you. If I'm going to give you a warning, you better believe you're getting a lecture.

UFF: Sorry.

MC: The point here is that professional courtesy means that you have the proper attitude, take responsibility for your actions and are at least minimally polite! You have done none of those things! Do you think jumping out of your truck, throwing your hands up and yelling out, "But I'm a firefighter!" makes you look like a responsible adult or a demanding child? You should know better, don't you think?

UFF (genuinely subdued and appearing remorseful): You're right. I apologize.

So, I let him off with a warning. Now, before some of you get your panties in a bunch, you should know that I've had very similar conversations with regular citizens. Every once in a while, my job entails education. Often times, that education includes a lecture. Odds are that if I lecture you, you won't get a ticket...depending on your attitude! Don't forget that firefighters, EMS, and cops are people as well. Look beyond the badge, the patches, the guns, the medical bags. We fuck up, too. It happens...

And for those of you behind the badge, the patches, the guns, and the medical bags...I think it'd be good to remember how you want to be treated at a traffic stop, detail, and/or medical emergency. Go into each of them thinking about that and I'll just bet it'll be smoother sailing.

Congrats, Ofr. Wes Morgan!

I saw this article over at PoliceOne.com and thought it was important to share it with the rest of you.

After a long and distinguished career, Ofr. Morgan has hung it up and should be living the good life from here on out. Well done with your efforts to get drunks off our streets, Ofr. Morgan. I aspire to get even partway to the numbers you compiled in your long career.

I must say it's nice to see a national website such as PoliceOne.com taking the time to highlight some positive LEO news. I have no doubt in my mind that Ofr. Morgan has saved more than one life in his career. Although it started off on a difficult note, he took that experience and did what many may very well not be able to do...he didn't accept defeat. Rather, he made it his mission to see that if he could do anything about it, another life wouldn't be snuffed out.

I applaud you, Ofr. Morgan. May God bless you and your family. Enjoy your retirement!!!

I get paid for this?!?!?

So, this week, I'm taking a 40 hour auto/ped collision investigation course. This is how we spent our Wednesday:

Yes, that is me laughing maniacally in the background. And yes, we are that twisted. The collision was at 50 mph and the poor dummy rode on top of the car a la Teen Wolf for quite the distance.

And here, as I promised the poor sap, is the world debut of a true hero. He's being drug to get a drag factor for a human body. What a guy...

You can never say a motor doesn't sacrifice his very body for the cause! Told you I'd make you famous!

Hypocritical Oath?!?

My friends in the EMS world are well versed in the concept of the Hippocratic Oath. For the layperson, here's the gist:

I'll do my best not to kill you.

Okay, so that's an extremely boiled down version and there's more to it than that, but you get the point. It is a widely held belief that the Father of Western Medicine, Hippocrates, came up with this little spiel around the 4th or 5th century, B.C. The point being that doctors are supposed to do their best to help. That was not the attitude to which I was exposed this past Thursday.

I was doing a little Click it or Ticket OT (thank you, OTS) when I stopped a guy for...wait for it...not wearing his seat belt. I briefly touched on it on the MC Facebook page, but this warranted its own post. Buckle up (pun intended)...

I was sitting on the southeast corner of a well traveled road. I was about 15' from the northbound lane and clearly saw the driver of a late 90's Saab not wearing his seat belt. I clearly saw the belt slack against the b-pillar of the vehicle. In addition, he was wearing a white shirt with a small checkered pattern (but, predominantly white) and the seat belt was dark gray. There was no color contrast crossing his chest as one would typically see when the seat belt is worn properly.

Commence traffic stop...

MC: Evening, do you know why I stopped you?

HDD (to be explained): No.

MC: You weren't wearing your seat belt (it was now on, by the way, highlighting the now present difference of the contrasting colors).

HDD (typical look down at seat belt): I have it on.

MC (in an attempt to give the driver an opportunity to be honest): True, sir. Unfortunately, you didn't as you passed me and put it on after the fact, right?

HDD: No. Perhaps you saw me reaching back for my phone?

MC: Are you telling me you were also talking on the phone? Never mind, I see your ear piece.

HDD: Did you see me talking?

MC: No, sir, I sure didn't; however, I also wasn't looking at your mouth. I was looking at you not wearing your seat belt. I don't particularly like being lied to, sir, I need your license, registration, and insurance.

**I went back to the bike to write the ticket and returned a couple minutes later.**

MC: Okay, sir, I need you to sign the highlighted yellow portion at the bottom. This isn't a moving violation and it isn't a point on your license, so you needn't worry about traffic school.

HDD: I'm a trauma surgeon at St. Furthest (credit: HM). I've worked on you guys a lot and I'll continue to do my job...

MC: Well, that's great, sir, and I appreciate that. I'll continue to do mine as well.

HDD: But, you're not doing your job...

MC (already seeing where this is headed): Hang on a second, there, sir. I'm starting to get a little bit of attitude from you. Are you telling me that because you've worked on some police officers that you should get a little kickback? Is that what I'm hearing right now?

HDD: Well, I just hope you don't ever need my services.

MC: Excuse me?!? Are you saying that if I have the misfortune of ending up injured and on your table, you wouldn't do your God's honest level best to help me or my family?

HDD (Hypocritical Douche-bag Doctor): Yes.

MC (incredulously): Well that's just fantastic, sir. You know what, buckle up, drive safe and please, take this to court. I'd love to tell the judge what you just told me.

As I walked away (frankly amazed that I didn't blow my friggin' top, by the way), I heard him say something. Not being able to help myself, I walked back.

MC: What's that?

HDD: You're a liar.

MC: Is that what I am? Fair enough. Good luck to you now, sir, I'm going to leave now before I say something that's going to get me into trouble.

I walked back to the bike to write my notes. Then it occurred to me...I get completely fabricated bullshit complaints because people get pissed about getting a ticket and think that by complaining, they can get themselves out of trouble (or at least share the wealth). Here's a time when someone threatened me with possible future harm. Well, that just ain't gonna fly.

MC (returned to car): Sir, I need to see your business card again, please.

HDD: Why?

MC: Oh, because I'm going to contact the CA medical board and the powers that be at St. Furthest and make sure they are aware of how you feel about me.

Did I forget to mention he's a plastic surgeon? Yeah...and I knew that because he didn't have his driver's license with him. You know, like the law requires? I was kind enough to give him a warning on that one. Because I'm a giver and not a hypocritical douche. So, it sounds to me like he's not an ER doc, but rather a cleanup guy. I was amazed that I didn't crack, "Well, sir, since I'm unlikely to need either botox or boobs, I think I'm all set and won't need your services."