From Deseret News archives:
What's next if driver won't sign ticket?
Is refusal a separate criminal penalty? Grounds for arrest? A citizen's right?
The debate rages after a dashboard camera from a highway patrol trooper's car was posted on YouTube, detailing an exchange that played out between officer John Gardner and a motorist he had stopped, Jared Massey.
In the video, Massey refuses to sign a speeding ticket in a Sept. 14 traffic stop, is asked to step out of his SUV and, after refusing to obey the officer's verbal commands, is Tasered.
Video viewers are lining up on both sides of the debate, defending on one hand an officer who was dealing with a belligerent, noncompliant motorist and on the other criticizing a Taser-happy trooper who was quick to reach for his Taser first and try to verbally de-escalate the situation later.
UHP spokesman Cameron Roden said if a driver refuses to sign a speeding ticket, the officer who pulled that person over has several options.
"If you sign a citation, it's not admitting guilt by any means. It just says you'll promise to appear in court," he said. "If someone refuses to sign the citation, they're refusing to appear in court."
Salt Lake civil rights attorney Brian Barnard agreed police do have the right to arrest a driver who does not sign a speeding ticket.
Refusing to sign a ticket is not a crime under Utah state law. Signing a citation but then failing to show up in court, however, is a class B misdemeanor.
Another option if a driver refuses to sign a ticket is for the officer to "put it in the car in a professional manner and leave it at that," Roden said.
The action an officer takes against drivers refusing to sign speeding tickets is different in every department. In Salt Lake County and some of the state's bigger cities, taking a person into custody for refusing to sign a ticket may not be an option because of jail overcrowding issues, Roden said. Most departments also leave it to the discretion of the arresting officer to evaluate all the circumstances of any given situation.
Unless there is legal action involved, Roden said all Taser deployments by UHP troopers are reviewed internally and not by an outside agency.
From what Barnard has seen on the YouTube video, he does not believe the driver should have been Tasered.
Recent comments
Yes..The speeder was an idiot. Sign the ticket and move on. If he had...
SumSood | Oct. 10, 2008 at 7:49 a.m.
"The UCC code does not apply to normal citizens, the UCC code just...
Ben | Dec. 3, 2007 at 5:05 p.m.
Jared clearly has a problem with authority. His actions brought on...
Jay | Dec. 1, 2007 at 9:20 a.m.
- New plans for Sandy Proscenium land 3:27 p.m.
- Holladay development appeal denied 2:59 p.m.
- BYU bug to aid in soil clean up 2:50 p.m.
- Provo council members say goodbye 2:49 p.m.
- Rancher run over by tractor, injured 2:45 p.m.
- Stronger retail boost stocks 2:44 p.m.
- Snow hampers missing mom search 2:24 p.m.
- Gun laws becoming more loose 2:16 p.m.
- Drug combo improves cancer survival 2:13 p.m.
- Cable falls on I-80; lanes reopened 2:11 p.m.
- Letters: Global warming a lie
272 - TCU to play Boise in Fiesta Bowl
207 - BYU football: Bronco weighs in on Hall
195 - Palin signs books, chats with fans
169 - Utah/BYU rivalry can be more civil
151 - Cougars going back to Vegas
150 - Andersen apologizes for Jordan hoax
143 - Nude bathers cited for lewdness
133 - Max Hall wants to look ahead
130 - Jazz fall apart late at L.A.
110
David Rankin, one of Utah's youngest and ablest astrophotographers has...
There was a time when free shipping was rare. This holiday season, you...
Love him or hate him, Utah Sen. Orrin Hatch knows how to get attention.
Nobody goes camping with 2 toddlers at midnight. Look no further. You have...
Kelly is at least a college coach and has a solid track record over several...
The Holladay City Council and the mayor are examples of what happens when...
Pagan | 1:10 p.m. So are you saying that my healthcare costs will NOT GO...
For the most part state levels have loosened the gun laws, but the Federal...
The problem with "documentaries" is that they are told from the preconceived...
Well if Tiger is a republican that would explain it. And he's filthy rich. Or...
Mr. Fullmer was my principal, and he was just an AMAZING guy! I loved him...
"If you can find some evidence that what I have said is wrong, please provide...
The analogy is totally inapt. We are not fighting a heavily armed first world...


