Cited for Disorderly Conduct After Gesturing at Officer for Dangerous Driving

[Joshua Milks]

My question involves criminal law for the state of: Texas

Walking to my car on campus today, I was proceeding to cross a cross walk connecting both our buildings protected by the sign "State Law: Yield to Pedestrians." I had stepped onto the road with both feet in the street being aware of the cars not paying attention. The vehicles were going maybe 30-40mph after their light just turned green. They were stopped 30 yards off when the light turned green and were over 20 yards from me when I was attempting to cross. Three vehicles flew by me, still accelerating nearly brushing my leg. A cop was right behind them and refused to yield. The fifth car, another cop, nearly brushed my leg and flicked his siren when as he passed me. This is illegal as I was already in the cross walk and they had triple the amount of time required to yield. The siren flick caught me off guard, so out of reflect, my arms rose up and I looked at the cop car for a couple seconds as he drove away. Since this was a reflex, I am not sure if I had flicked him off or not, but the officer construed my gesture as raising the middle finger. I proceeded to walk across the crosswalk and saw the officer pull his car around and turn his lights on.
I waited for him as he pulled over and he came up to me with his chest out and a raised voice asking rudely for my identification. I had asked him if he knew he broke the law and pointed over to the cross walk and the state law sign. Every time I asked he refused to give an answer and instead proceeded to write me a citation. At this point I was very upset. As he was sitting smiling in his cop car, I had asked him if he was having a bad day a long with several other comments, because he broke the law and was still trying to cite me. At this point, I called the cops on him and the station had their sergeant drive over. I explained the case to the sergeant when the sergeant arrived, and he said he would review the tapes.

I have a few questions. Can I watch the police camera to see the evidence before I go up before the judge or, at least, ask the judge to see it before any questions are asked? How can the officer cite me if he broke the law and failed to yield at a crosswalk in a school zone. How can I be charged with disorderly conduct if an officer is initially disrespectful and smiling after practically running me over and scaring the life out of me when he flicked his siren 2 inches from my ears?

I am going through a state hiring process, and got this citation today, and was wondering if this citation will show up in the background check.

Thanks, my court appearance date is on the 21st of June in Texas.

[PTPD22]

552.001. TRAFFIC CONTROL SIGNALS. (a) A traffic
control signal displaying green, red, and yellow lights or lighted
arrows applies to a pedestrian as provided by this section unless
the pedestrian is otherwise directed by a special pedestrian
control signal.
(b) A pedestrian facing a green signal may proceed across a
roadway within a marked or unmarked crosswalk unless the sole green
signal is a turn arrow.
(c) A pedestrian facing a steady red signal alone or a
steady yellow signal may not enter a roadway.

552.002. PEDESTRIAN RIGHT-OF-WAY IF CONTROL SIGNAL
PRESENT. (a) A pedestrian control signal displaying "Walk,"
"Don't Walk," or "Wait" applies to a pedestrian as provided by this
section.
(b) A pedestrian facing a "Walk" signal may proceed across a
roadway in the direction of the signal, and the operator of a
vehicle shall yield the right-of-way to the pedestrian.
(c) A pedestrian may not start to cross a roadway in the
direction of a "Don't Walk" signal or a "Wait" signal. A pedestrian
who has partially crossed while the "Walk" signal is displayed
shall proceed to a sidewalk or safety island while the "Don't Walk"
signal or "Wait" signal is displayed.

552.003. PEDESTRIAN RIGHT-OF-WAY AT CROSSWALK. (a) The
operator of a vehicle shall yield the right-of-way to a pedestrian
crossing a roadway in a crosswalk if:
(1) no traffic control signal is in place or in
operation; and
(2) the pedestrian is:
(A) on the half of the roadway in which the
vehicle is traveling; or
(B) approaching so closely from the opposite half
of the roadway as to be in danger.
(b) Notwithstanding Subsection (a), a pedestrian may not
suddenly leave a curb or other place of safety and proceed into a
crosswalk in the path of a vehicle so close that it is impossible
for the vehicle operator to yield.
(c) The operator of a vehicle approaching from the rear of a
vehicle that is stopped at a crosswalk to permit a pedestrian to
cross a roadway may not pass the stopped vehicle.

Since you state that the approaching vehicles had a green signal before you ever stepped into the roadway, please explain how the cop "broke the law." YOU broke the law by stepping into the roadway and could have been cited for that in addition to your disorderly conduct. Your belligerent attitude only assured that the cop issued a citation rather than simply having a "heart-to-heart" with you...and caused the issuing of the ticket to be a pleasant experience for him/her, thus the smile.

[Joshua Milks]

552.003.2A
The intersection was 30 yards from this crosswalk on campus. This cross walk has a sign stating State Law: Yield to Pedestrians. The officer failed to yield when he saw me already in the crosswalk as he was 20 yards away and he proceeded to nearly brush my leg and flick his siren on me. I had right of way as this was a Pedestrian Right of Way Crosswalk according to 552.003.2A

[Mr. Knowitall]

552.003.2A

You missed the "and' - "The operator of a vehicle shall yield the right-of-way to a pedestrian crossing a roadway in a crosswalk if: (1) no traffic control signal is in place or in
operation; and (2) the pedestrian is: (A) on the half of the roadway in which the vehicle is traveling...." - you state that there was a traffic light controlling the signal. You have no right to walk out in front of traffic that is proceeding through a green light under those circumstances. A sign reminding drivers of their legal duties to yield to pedestrians does not impose additional requirements to yield, and in no way justifies darting out in front of traffic that has right of way.

How far from the intersection is the sign? Is there a "street view" link on Google Maps?

If you got the disorderly conduct ticket for your gesture, you have a good defense. If you got the disorderly conduct ticket for being belligerent with the officer and refusing to cooperate with him after he stopped and confronted you about your actions, that's potentially going to stick.

If there is recorded video, you can investigate with the police their protocols for letting you view the video or obtain a copy.

Even if the officer broke the law, and so far you've not provided any basis for that assertion, that does not free you to break the law, yourself.

[Joshua Milks]

The traffic light was not controlling the signal. The crosswalk was a lone crosswalk 30 yards from the intersection. It was a university crosswalk and requires all cars to yield when a pedestrian crosses. It is illegal for them not to yield. This is not an intersection crosswalk.

[Joshua Milks]

In this case, I can't argue the gesture, but I can argue that it was a reaction to the cop breaking the law and practically running me over. Since I had the life scared out of me from him flicking the siren just a few inches from my ears, my reflex was jumping and raising my arms. It was a cross walk 30 yards from the intersection and their light had been stopped at their intersection the distance away. They proceeded to accelerate and refused to yield to me as I was trying to cross. The cop had seen me attempt to cross 20 yards before he reached the crosswalk. This crosswalk was not controlled by a traffic signal and I was off the curb and in the road. Instead of slowing, he continued to accelerate.
In order to have the best outcome, do I plead guilty to the gesture and then try to right myself, or do I please not guilty and explain how the cop broke the law.
I will be interning M-F 8-5 and working weekends at a restaurant. This semester I took 18 hours as a civil engineering senior along with working 30 hours a week and am making all A's. Stress levels have been incredibly high and being targeted by a bad cop does not help. It's very hard to trust any police officers in todays world. So many dirty ones out there.

[trafeng]

Joshua,

Good luck with your civil degree. I'm hoping you take a class on traffic and transportation engineering soon, it could help you.

So your not sure if you gave the cop the finger or not? Let me see if I understand your story a little bit better. You indicate that you were attempting to cross at a mid-block crosswalk, adjacent to a signalized intersection. You step off the curb and no less than three cars passed by close enough to graze your pants, as you say. Your self preservation instincts were apparently suppressed at that point, leaving you charging ahead into the crosswalk, where another police car passed close by. Then comes the 5th car, even closer than the other 4 to killing you, and still, you suppress the instinctive reflex to dive backwards to the safety of the sidewalk. Its only when the 5th car turns on his sirens that you react; not by stopping or by diving, but by throwing your arms up and (presumably) giving him the finger.

Lets put those analytical skills your acquiring to good use and figure out whats not making sense about this story. For me, I guess its the part about you charging into the crosswalk like an idiot, thinking that because you presume to have the legal right-of-way, that fact will magically change the physics of an altercation between a 3,000 pound car and your 160 pound body! But since we're on the subject, lets have some fun with this! An assignment for you: calculate the momentum of your head bouncing off the windshield of 3200 lb car going 35 mph. You'll need to find a reference for the approximate weight of an engineering students head (add 10% for yours; it seems a bit enlarged), but I'm sure its online. Report back your findings.

Before you think me all crass and analytical, let me tell you what you really need to hear. I'm sorry you got that ticket. I'm sorry the officer was rude to you. I'm sorry that those cars did not stop for you in that crosswalk. I'm sorry that your life is really stressful; engineering school is like that and it doesn't get easier after you graduate. Its easier to get dates though, so you've got that to look forward to. That said, all those bad people with their bad behaviors aren't the ones who got the ticket. That was all you and all your bad behavior and pointing fingers at others is no defense. After your all done with those momentum calculations, step back and figure out how to keep your ego in check. Crossing roadways wont be the only time you need to know how to do that. Go pay your fine, apologize to the officer and consider all of this part of a well rounded education. "Its best to find humility before humility comes looking for you"