Complaint Review: Oringe County Traffic Court

I was driving home from the hospital on the morning of january 27, 2007 after my wife was discharged after spending the night at the local emergency room. I had been the night without sleep as I had been up with her all night.

I had to be at work and had no time, so I decided to stop at a local McDondalds I saw along the way. I was lost and trying to find a way into the restaurant ( to little avail ) , had to pass the restaurant and proceeded to make a "U - Turn" seeing no posted "no U - Turn" sign and being in a state where "U - Turns" are allowed unless posted otherwise, I proceeded to make a "U - Turn". I soon saw blue flashing lights behind me and quickly moved out of his way and stopped thinking he was responding to an emergency. ( What was I thing OCSO dosn't respond to emergencies as I reported one before with no real response.)

Anyway, Deputy Castro with division IV ( 4 ) of the Orange County Sherif's Office came to my car rudelly demanding my license and registration which I gave him. I politelly asked him what the reason for the stop was then he stated Illegal U turn! and pointed to a sign 35 feet from the highway! I waited as he asked me if I had been ticketed before for anything. I replied "No I have driven 500,000 miles since I turned 16 without ever being charged with a traffic offence." He runs my license and returns with a ticket. He tells me "I know did not mean any harm by it but here is your ticket!" ( In other words I know you had no intention of braking the law and couldn't see a sign posted 35 feet from the highway but here is your ticket)

The sign was posted such that to see it from the white line where you are to stop on red you must contort your neck upward at 165 degrees 15 degrees less than straight up and need a convertible with the top off to be able to see it.

I plead in writing that the sign was not visible from the vantage point where I was required to stop and requested a court date. My motion to schedule a court date was denied and a D-6 suspension request was issued. ( Thankfully my state did not honor it on the basis I have not been convicted of any offence )

I did research and found that Deputy Castro has many complaints against him and the county court knows that if I get aquited of the traffic offence I will be elligible to sue for false detention and file criminal charges against him. They further know that if I am declared guilty they must offer me a jury trial and given the circumstances I would win.

So to protect him from justice they have stalled my case and told me I may not have a court date and no decission will be made and no jury trial may be scheduled, Though if you don't get a court date within 30 days or pay it within 30 days they send out a "D-6" driver's license suspension request. This request was dishonered by my state, however, before I knew this, I had so much anxiety over this ticket.

I have always been a good driver and this is an insult! I have been told by many to just pay it, but for me this is not about $136.00 but this is about my perfect reputation that took 8 years to build that was ruined by one man's dishonest decision to write a ticket and one court's decission to bypass my constitutional right to have a court date and a jurry trial ( US constitution specifies that for any dispute over twenty dollars ($20.00) a citizen has the right to a jury trial )

1. I you are not either A. Deputy Castro or B. The judge please do not post a rebuttal saying "its easier to Just pay it than to fight it." 2. If you work for the court or law enforcement: Don't threaten with license suspension, my own state has already reviewed the case and decided not to suspend the license because I have not been convicted of anything or let alone errained!

Benji
Rotunda, Florida
U.S.A.