Arrested at CRANK Mob 6/20/09
Thread started by
sma at 06.26.09 - 2:21 pm
My name is Steven and as the title says I was arrested at CRANK Mob last weekend. Some might know me from the Bikerowave or from my bike sound system with the wireless mics.
I know this is a while after the fact, but I have been occupied with other things.
Story: I was knocked off my bike by Sgt. Ecoles of the Culver City Police Dept. I was cuffed and taken in for booking because I didn't have my ID on me. I was later charged with -
vc 2800(a): Failure to obey a police officer (misdemeanor)
vc 21202(A): faiurel to ride on edge of roadway (infraction)
vc 27007: amplified music over 50ft (infraction)
I was not hurt from the incident, but my basket and rack were bent from the fall. I am asking for witnesses who saw what happened that night. I am also asking for advice on what I should do at this point (i.e. contacting lawyers, getting statements) to minimize my punishment. How did Franz do it?
I believe I was not guilty, but I rather not discuss the details on this public forum. I feel that the Culver City PD acted recklessly that night, and they should be held accountable for their actions. Another thread started this, but I still think it would be beneficial to file formal complaints to CCPD. If there is a better way to voice our complaints, please discuss it here.
So if you saw anything, or have any advice, email me at stevenhma at gmail.
Thanks.
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sucks dude.. i fought for u and others that night a couple days ago at city hall.
profoscurity06.26.09 - 2:28 pm
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http://www.dmv.ca.gov/pubs/vctop/d11/vc21202.htm
snowcone06.26.09 - 2:28 pm
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Amplified music from 50 feet, yet they could give a rats ass about the Flowmaster exhaust coming off a modified F-Series, or a the sub and fart-cannon from a ricer.
bentstrider06.26.09 - 2:33 pm
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Only because it's far easier to chase down a bike hauling a music trailer than a rice rocket or a car with an oversized exhaust.
will responding to a
comment by bentstrider
06.26.09 - 3:46 pm
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i wonder if you can complain or sue the PD for selective enforcement of the law, because it seems like on these bike rides thats what they tend to do.
tfunk40806.26.09 - 3:55 pm
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Even if your complaint seems to sound like another one that you've seen posted on here, STILL you should chime in. The more people complaining about their overly aggressive manners the better.
We need to let these mother(*&*(& know that they can't get away w/ treating us like this, cyclists always seem to get the short end of the stick in this country.
Steven Ma is the most low key, calm cat that I've ever met on the West Coast. I'm still in disbelief that they tackled my boy off his bike.
jericho1ne responding to a
comment by tfunk408
06.26.09 - 4:22 pm
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Sound Amplification Devices
"This section does not apply to the sound systems of vehicles used... in parades, political or other special events,"
I think you've got a loophole for that one.
27007. No driver of a vehicle shall operate, or permit the operation of, any sound amplification system which can be heard outside the vehicle from 50 or more feet when the vehicle is being operated upon a highway, unless that system is being operated to request assistance or warn of a hazardous situation. This section shall not apply to authorized emergency vehicles or vehicles operated by gas, electric, communications, or water utilities. This section does not apply to the sound systems of vehicles used for advertising, or in parades, political or other special events, except that use of sound systems on those vehicles may be prohibited by a local authority by ordinance or resolution.
Amended Ch. 538, Stats. 1989. Effective January 1, 1990.
JB06.26.09 - 5:47 pm
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For a misdemeanor you are entitled to a jury trial and a public defender.
Plead not guilty, ask for a public defender and what he's going to do is get them to drop the misdemeanor charges if you plead guilty to the other two infractions.
There is no way they will waste time and money to take to trial this stupid shit.
You can probably get them to drop two of the three charges.
I doubt you can beat the sound charges. It's your ear against the officer's.
Now if you want to counter attack and say you were assaulted by the police officer, that's a whole other game. You need witnesses , video, photos etc But since you are already saying you were not really hurt I don't see this going too far.
marino06.26.09 - 6:48 pm
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Thanks for the advice. Any other incidents that night? The cops told me that we should stay off Washington or they'd be there again.
sma06.27.09 - 5:05 pm
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It's worth the money to hire a GOOD criminal defense attorney in LA county to try and get the misdemeanor dropped by the prosecutor/DA. Reason is that being convicted of a misdemeanor can cause problems down the road with employment etc. If you need help from your family or friends, ask for it. If it needs to go on a card, do it. You don't want to have to check the box that says yes I was convicted on a job app. I don't know of a good and reasonably priced criminal lawyer that knows the west LA area judges. Ask people for recommendations and contact the LA bar association.
gundo06.28.09 - 12:47 am
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I suggest a good private lawyer over a public defender even if it costs money. Reason is a. they have more time and less clients so they can spend more time on your case.
b. they aren't employed by the same county that the DA/prosecutor and judges are so aren't as worried about pissing off the district attorney/police/etc.
gundo06.28.09 - 12:51 am
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That's a check box if you've been convicted of a felony. Dude do everyone a favor and STFU, you don't know what you're talking about and you're getting him all worried over nothing!
User1 responding to a
comment by gundo
06.28.09 - 1:19 am
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This is what I was looking at when I read 27007. It doesn't take that much of an imagination to view these rides as a protest. And we all know the track record of the Culver City police, yeah? Was this your way of protesting police harassment? If yes, then you were expressing your discontent.
The other charges sound bullshit too. The 21202 is bullshit. The 2800 sounds like something they charge everyone with. If you got witnesses that can support that you were cooperative, that would help alot.
Don't enter a plea and ask to be appointed a public defender. Hopefully others can help with the legalities too. You might even see if you can talk to someone from the ACLU.
Big up for posting the codes you were cited for. That's the way to do it if you want help.
User1 responding to a
comment by JB
06.28.09 - 1:28 am
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User1, shut your ignorant mouth you child. Many job applications say "Have you ever been convicted of a misdemeanor or a felony?" Employers run criminal background checks, moron.
gundo06.28.09 - 10:59 pm
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User1, only a fool (you) thinks a public defender will get you an equal deal to a private lawyer.
gundo06.28.09 - 11:01 pm
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gundo, why all the hate?
Who said anything about an equal deal? Obviously there's alot one has to weigh in before they make a commitment to a private lawyer or public defender. If you have your own attorney and got the bank, then this would be a cake walk for him to get everything dismissed. But if you don't have bank, the courts can use this to their advantage in getting some kind of conviction. OTOH if you have PD, it's costing the courts money from the beginning and they see this as small potatoes and not worth their time pursuing.
In regards to job applications and questions of prior felonies. You have a partial victory on that. Some applications do ask about misdemeanors, they ask for info based on the severity of the misdemeanors. Not something as minor as not staying to the right or loud music. They don't want to know about minor infractions, such as speeding 10 mph over the speed limit for example. Not sure where not obeying a police officer is on that scale. Some go by a fine base scale, some go by an obscure severity base scale. Regardless, the employer can ask for criminal convictions if it's job related. They cannot ask for information regarding a conviction that is NOT job related.
User1 responding to a
comment by gundo
06.29.09 - 2:19 pm
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Update: Charges dismissed in the interest of justice!! Three months probation and one day of community service.
How it went:
Since I had a misdemeanor charge, I had to go to court to plead guilty or not guilty and set my trial date. I signed in, and was asked if I wanted a public defender. I said yes, and filled out the paperwork.
So the way it seemed to work was that a public defender would call your name, you would talk with them, they would talk to the prosecutors, talk to you again, hand your file to the judge, the judge would call your name, you would come to the stand, the public defender would speak for you, and you would answer the judge's questions.
When the public defender discussed my case with me, she started laughing at the ridiculousness of the situation (hundreds of bikes in the street, cop saying, "you on the bike pull over"). She then talked to one of the prosecutors, who also started to laugh. Then she came back to me with the good news.
How I think I got the charges dismissed:
- I dressed up (dress shirt, tie, slacks)
- I'm a graduate student
- I had no prior convictions
- My case was one of the last ones of the day
- My public defender was into me (This may or may not be true)
- I overheard that the judge was one of the more lenient judges
Overall, it seems that the lawyers and judge wanted to get the defendants the least amount of punishment for their crimes.
Go justice system. Boo police bullies.
sma08.7.09 - 12:48 pm
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Good for you man! i'm glad this shit is over with and you can get back to your life.
tortuga_veloce responding to a
comment by sma
08.7.09 - 12:51 pm
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this is such great news.. +1 for cyclists
snowcone responding to a
comment by sma
08.7.09 - 12:59 pm
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if the charges were dismissed, why probation and a day of community service?
A true outright dismissal would carry no sentence at all.
Sounds like you need to go back and have this expunged/dismissed after the completion of what sounds like a plea bargain 'conditional' sentence.
Not trying to be a d*ck. I work in the pre-employment background biz, have for 20 yrs.
ChaosRR08.7.09 - 1:24 pm
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I agree with ChaosRR, if the case was a dismissal, then there would no probation or anything.
X-Large responding to a
comment by ChaosRR
08.7.09 - 2:28 pm
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BUT still congratulations on getting a smallish type sentence, but they probably did that to try to avoid any type of lawsuit or such since they were in the wrong in the first place!
X-Large08.7.09 - 2:32 pm
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yeah...
I wouldnt do community service if I had charges dismissed, shit, and ummmm probation seems like a guilty plea/verdict for something. You dont get probation for nothing..actually maybe you do
I think you need to visit your public defender and smooth things over... hopefully you're very convincing.
md2 responding to a
comment by sma
08.7.09 - 2:51 pm
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can you get your community service taken care of by volunteering at the bikerowave or the kitchen?
tortuga_veloce08.7.09 - 2:57 pm
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Sorry for the confusion.
So technically my charges are not dismissed until I complete the community service and go three months without getting into trouble.
I asked if volunteering at Bikerowave would count, but it does not. My choices are Caltrans, beach cleanup, or graffiti removal.
sma08.7.09 - 3:14 pm
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beach cleanup isnt so bad. i had to do it for a couple of hours when i got caught smoking when i was 15. they let everyone go a few hours early.
tortuga_veloce responding to a
comment by sma
08.7.09 - 3:16 pm
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Yea, beach cleanup is usually keeping the bike paths clear of sand, which is a total plus for us, so thank you in advance.
X-Large responding to a
comment by tortuga_veloce
08.7.09 - 4:23 pm
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yo public defenda... can i holla?!?!
put on the daft punk and the lenny kravitz... then she'll know you mean business.
moondance08.8.09 - 1:14 am
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A ride / event should be made out of this. Just lemme know when you have to do your thang Steven. I will definitely come out and help just for the hell of it. I suggest beach cleanup.
!!!
jericho1ne responding to a
comment by moondance
08.14.09 - 4:33 pm
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I was there that night and had an amplified sound system on my bike. I believe those cops mistook the sound volume coming from your bike with the sound coming from my amplification. I was afterall closer to them. It was their mistake.
Email if you need me to testify.
indigis08.14.09 - 4:47 pm
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I think you should have fought the ticket and had witnesses.
barleye08.14.09 - 4:49 pm
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Just read the full thread. Sorry. You lost the case. What gave you the idea that the charges were dropped I have no idea. Dropped charges means, thank you good bye go have a good life. You having to sweat picking up my crap by the side of the road is called your ass is guilty. Ask your pubic defender to tell you specifically what happened.
indigis08.14.09 - 5:32 pm
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*still itchin for a User1/gundo showdown, lol.
eric08.14.09 - 5:56 pm
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so what you're saying is you should hit on your lawyer whenever you're arrested
professor fate08.14.09 - 10:42 pm
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Sorry, I don't know how to edit previous posts, but I said afterward that I was mistaken in saying my charges were dropped.
They will be dismissed if I don't get in trouble for 3 months and do 1 day of community service. I chose not to fight it at that point because I didn't want to go through the process of pre-trial, subpoena witness, go through a trial by jury, and have the possibility of being found guilty.
sma responding to a
comment by indigis
08.15.09 - 1:35 am
reply
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