A Tragic Trooper Error


The following are the texts of my e-mail communications with the Colorado State Patrol:

2/23/99
Hello Colonel Westphal:
I contacted you a couple of months ago about headlights and the general lack of use thereof. One of your subordinates called my home and left me a message on my answering machine that he would be interested in discussing this issue. I would still like to see some sort of program or official agenda addressing the need to educate our driving population about visibility problems. I haven't returned the call, and have lost my note recording the phone number at which to reach the individual who called. I apologize, but I put 1000 - 2000 miles per week on the road driving from my home and office in Morgan county to do residential real-estate appraisals, mostly in the Front Range megalopolis. For this reason, I am rarely at home during normal business hours. I can always communicate with someone (yourself or another) via e-mail. I do have a company provided cell-phone, the use of which I try to limit to emergencies, so I would prefer to communicate by letter or e-mail. Perhaps later we can arrange some sort of meeting, if there comes need of it.

Regarding emergencies, I witnessed an accident in the Thornton area sometime around Christmas. It appeared that the individual who ran a red light and caused the accident was going to leave the scene. I called 911 on my cell phone and got my vehicle in front of the fleeing vehicle preventing his departure. I know this may have been dangerous to myself, but I just couldn't see the poor gal left sitting in the middle of the road with a wrecked car having to explain the whole thing without someone else there to back her up, and then having to observe the instigator of her predicament get away free and clear. As it turns out, it was also her birthday. What a birthday present! The local police transfered the accident investigation to the State Patrol because the lane of traffic the accident occured in was outside of their city limits. The trooper who responded was very courteous and did his job well. I do not recall his name now, but I feel he should be commended. I respect a trooper who handles such situations so well and with such professionalism. I know he has had to deal with worse incidents, but his excellent attitude showed at this time. It seems running red lights is one of the most dangerous of traffic offenses.

Something else that turned out to be dangerous TODAY was the wind. I observed a tractor-trailer rig blown off the interstate highway between Brush and Fort Morgan. This only served to magnify my indignation over what had just happened to me. My regular vehicle was in the shop getting its clutch replaced (lots of miles, remember?) so I was driving a substitute vehicle, which, unfortunately, does not have a center rear- view mirror. The front-right window also comes off track when rolled down. It is also a very light vehicle and thus unsteady in the nasty cross-winds I had to contend with today (2/22/99). I was driving from Gilcrest, after finishing an appraisal there, to Brush, where I needed to pick up my 10-year-old son at 3:40pm at Brush High School, where he was with his mother (my ex-wife). She is a teacher there and needed me to pick up Michael before her parent-teacher conferences began at 4:00pm. The conferences were being held in the commons area, so there was no way to call her to let her know if I was late. No, I was not speeding. No, I was not late...not until after meeting with Trooper Takahashi. I entered I-76 eastbound from US-34 eastbound and, after checking both mirrors and glancing over my shoulder, I signalled left and moved into the left lane to pass the vehicle which had entered the freeway in front of me, but who was continuing to go about 45-50mph after getting on the interstate highway. I saw one of the beautiful new State Patrol cars in the median cross-over and checked my speed: about 74. The trooper appeared to stay where he was parked, watching for speeders. I continued east. The wind was howling out of the north and the Geo Metro I was driving shifted a foot or two to the right every time a gust of wind buffeted its side. This was especially apparent when I went past guardrails, which provided temporary protection from the wind, but which also magnified the sudden effect of the wind once I reached the end of one. That pesky right side window kept rattling and I reached over to tighten it up once. I never moved out of the lane I was in and never took my eyes off the road...except to check those right & left side rear-view mirrors occassionally. About two miles west of the Long Bridge Road exit (#75) I saw that trooper approach me from behind at a very high rate of speed and, with his lights flashing, pull up very close behind me. I was somewhat surprised, because I knew I wasn't doing anything wrong. I signalled, checked mirrors and glanced over my shoulder, then pulled into the right lane. The trooper shadowed me, tailgating at what I felt was an unsafe following distance. What evil thing could a trooper who drives like this be plotting? I continued to signal and pulled over to the far right edge of the paved shoulder so that we could be far out of the danger of passing traffic. It was 3:15pm when we pulled over. I checked my watch because I had to be in Brush at 3:40pm, remember? (25 minutes to go 15 miles, no reason to speed, but I hoped this wouldn't take long, either!) I rolled down my window, but the trooper approached me from the right - the side with the floppy window, even though I had provided nearly six feet of space on the left side of the vehicle. I had to reach across the car and try to roll this unruly thing down and watched as it fell into the door at a very precarious angle. The trooper then informed me that he was stopping me because I was "weaving". Well, wake up and smell the coffee! I thought I did a pretty good job of keeping control of this light vehicle in this terrible wind. I never left my lane of travel. I didn't roll over as that truck had done. I was always in control of my vehicle, and that is why I continued to travel at the posted speed limit! To make a long story short (TOO LATE), the temporary vehicle is a reposessed car owned by my boss who also has a used car dealership and the trooper was not satisfied with its paperwork, or lack thereof. I told him who the owner was and offered to let him use my EMERGENCY cell phone to talk about it with my boss, but he refused. He held me there until 3:55pm, leaving me a negative 15 minutes to pick up my son 15 miles away. I TOLD him when he first told me what he was stopping me for that I HAD to pick Michael up on time. Even writing the ERRONEOUS ticket sould have taken only 5-10 minutes, leaving me at least a reasonable amount of time to get to Brush High School on time. As I stated, my wife's conferences were located such that I could not reach her to inform her of the delay. I TOLD the trooper this and he simply seemed to SLOW DOWN! I think he enjoyed behaving like (please excuse me) an ANAL CAVITY. I am VERY SORRY FOR USING THIS VERBAGE AND TONE, BUT I AM INCENSED!!!!!!!!!!!!! First off, I was NOT driving carelessly. I was driving exceedingly well considering the vehicle and weather conditions. I should not have been pulled over in the first place. I was not causing any hazards to myself or other drivers on the road, neither was I violating any statutes. My seat belt was fastened, as usual. I was traveling at or below the posted speed limit. Furthermore, when I informed the trooper of an unalterable immanent appointment, he appeared pleased that he was making me late. I KNOW he can't have any children of his own. He was too dense to understand the immediacy of the situation. When I did get to Brush High School (now admittedly speeding, about 78 or 79mph; do you wonder why? I got to the school at 4:10...a half hour late...15 minutes to go 15 miles, including an exit ramp and about a half mile of city streets...averaging 60mph for the entire trip) my ex-wife was incensed at me for being late and causing her the embarassment of having Michael present during her conferences with her students' parents; How unprofessional! How unprofessional of trooper Takahashi to cause such a situation in the first place! I intend this as a formal complaint against Trooper Takahashi. I am also informing you that, if this "violation" (NON-VIOLATION) is not resolved before court, I will prevail in court and also intend to persue any legal means available to recoup lost wages and lost dignity due to having to take a day off from my appraisal appointments (how can we set appointments for that day not knowing for sure when court will be over? What a waste!) and due to situation this incident precipitated at the school.

My dearest Colonel Westphal, I am sorry this turned out so long-winded, but I really thought you needed to know the details. I do apologize if any of this offends you. It is not intended to. I merely want you to know how terrible a light this shines on the force. I still am interested in working with you or anyone else in the patrol on the issue of headlight/visibility safety and look forward to a response in this regard.
Thank you for your patience with an angry motorist.
Sincerely,
Tom Blickhahn


4/2/99
Dear Mr. Blickhahn,
Lieutenant Colonel Mark Trostel asked me to check into your concerns regarding your contact with Trooper Takahashi near Fort Morgan, Colorado. It is my understanding that Sergeant Darnell met with you the day following this contact. Hopefully, he has resolved all of your issues. If he has not, would you please contact me by e-mail: (cspdist3@info2000.net).

Thank you for taking the time to bring your concerns to our attention.
Major L. C. Holestine
Commander, District Three
Colorado State Patrol


4/4/99
Dear Major Holestine:
Yes, I met with Sergeant Darnell. It seems there is little or nothing he can or will do about the situation at this time. The whole thing is ridiculous. I should never have even been stopped in the first place, and now I will have to miss a day of work in May to get the judge to throw it out of court. Sgt Darnell says this is just the way the justice system works. Baloney! This is a waste of taxpayer money and court time. It is also a waste of my time and money. You see, if I don't get on the road to do appraisals I don't make any money, and not knowing when during the court session my bogus ticket will be handled, I will thus be required not to set any appointments for that day. This is just as bad as paying a fine, or worse. I will not pay a fine for something I did not do. You try driving a Metro in the kind of wind we were experiencing that day and then tell me »I« was carelessly weaving! Each time I passed the end or beginning of a guardrail, the car shifted one or two feet right or left. I kept it in its lane and thought that was the best I could do and the most that could be expected of me or anyone else.

Then there was the embarassment of being late to pick up my son. The 30 minutes plus time of the contact was ludicrous and unjustified. Why don't you review the original e-mail I sent the Colonel? Nothing has changed since I wrote that except the fact that in this space of time I have cooled off enough not to call Trooper Takahashi names anymore. (Actually, I didn't call him a name, I simply inferred that he was behaving like someone whom I would have called a name if I normally did such a thing.)

If there is anything you or anyone else in the Patrol can do to mitigate this matter, I would appreciate it. Otherwise, I guess we shall see you (or the Patrol's representative) in court.

Thank you for your time and attention to this incident.
Sincerely,
Tom Blickhahn


4/9/99
Mr. Blickhahn,
I have again reviewed the reports from Sergeant Darnell and Trooper Takahashi and I must agree with them that you should have been stopped that day. I also must leave it to the trooper's discretion as to whether you should have received a ticket or not. Your account and his account of the winds blowing across the roads that day do not differ dramatically. Therefore, I must trust that my trooper has taken the appropriate action. Windy conditions do not relieve you of the responsibility of driving within a single lane. When conditions get that bad, probably the safest thing to do would be to park wuch a small vehicle. It is unfortunate you were embarrassed by having to pick your son up late.
Sincerely,
Major L. C. Holestine

4/26/99
Dear Major Holestine:
Regarding your last communication:
->... and I must agree with them that you should have been stopped that day.
What else would anyone expect a fellow trooper to say? How silly of me to expect integrity.
-> I also must leave it to the trooper's discretion as to whether you should have received a ticket or not.
Discretion is the better part of valor, neither of which was exhibited that day by your officer.
-> Your account and his account of the winds blowing across the roads that day do not differ dramatically.
Except that he didn't seem to understand physics and the effect of the moving air on my light vehicle.
-> ...my trooper has taken the appropriate action.
Hardly.
->Windy conditions do not relieve you of the responsibility of driving within a single lane.
I DID stay within my lane. I changed lanes when I got on the freeway and when he pulled me over. Each of these lane changes was accompanied by use of the appropriate turn signal. Any other inference that I did not stay within my lane is a bald-faced lie. I did MOVE from side to side within my lane due to the wind, but I did manage to keep from crossing any lane delineation lines.
-> ...when conditions get that bad, probably the safest thing to do would be to park such a small vehicle
I nearly did pull off, and had I not needed to get to where I needed to pick up my son, I probably would have.
-> It is unfortunate your were embarrassed by having to pick your son up late.
Yes, indeed. Someone who caused this embarrassment should take responsibility for the same, instead of hiding behind the "authority" of his badge and big brother cronyism.
You know, tonight I was pulled over by a Fort Morgan Policeman. Turns out one of my headlights had burned out just this evening. I was not mad at this officer. He had a LEGITIMATE reason for our contact. He informed me of the errant bulb, checked my license and insurance and registration, treated me respectfully, and sent me on my way within five minutes or less. Perhaps the local police should be training the State officers. I certainly have a lot more respect for this officer than I do for Trooper Takahashi at this point. I will be picking up a new headlight in the morning. IF I speed, IF I run a red light or stop sign, IF I swerve in and out of traffic and cut people off, IF I drive without my lights on at night or in the fog or in the rain, I would expect to get stopped, and I would certainly pay the penalty. I refuse to believe any of the situation regarding this incident is fair, justified, legitimate, discrete, appropriate, or any other positive adjective you wish to pull from your thesaurus. On top of throwing this absurdity out of court, I only wish Judge Brandenburg could toss a trooper out on his kiester as well. Why don't you look out for the dangerous elements of our society instead of picking on an honest, hard-working, productive individual?
Tom Blickhahn

4/28/99
Dear Mr. Blickhahn:
I am sorry you feel this way.
Major Holestine

But no-one is sorry for the error they made! Some days this whole stupid thing just almost makes me sorry I’m even alive.
If you are here now, and want to help,
let me know ... Send an e-mail to:
tom@blickhahn.us
The best way to help is by flooding the state patrol, the DMV, the legislature, and the governor’s office with as much show of support for this type of cause as possible.

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