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Posted

Man sues over arrest

for honking at officer

CHATTANOOGA — A

man arrested after tooting

his horn at a Chattanooga

police officer has

filed a nearly $2 million

federal lawsuit, claiming

false arrest.

The lawsuit by 61-yearold

Larry Ballanger

states he was stopped in

April 2010 behind Officer

Cristina Henderson at a

traffic signal when the

light turned green and

Henderson didn’t move.

The complaint stated

Ballenger “tooted his

horn†to get the officer’s

attention because she

continued to look down

at the passenger seat,

according to the Chattanooga

Times Free Press.

Ballenger was cited

for violating the noise

ordinance and obstructing

traffic. When he

wouldn’t sign the citation,

he says Henderson

arrested him for disorderly

conduct and took

him to jail. The citations

against Ballenger were

dismissed in January.

"Violating noise ordinance?" Really?? Just because she got her pride hurt, she has to use an ordinance that was not it's intended purpose sounds like to me.

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Guest UberDuper
Posted

I have to assume "tooted" was a bit of an understatement in this case. :(

My brain can't comprehend this happening the way Mr. Ballenger describes.

Posted (edited)
I have to assume "tooted" was a bit of an understatement in this case. :(

My brain can't comprehend this happening the way Mr. Ballenger describes.

well, since the charge was dismissed, the judge brought it.

Seems like the LEO was the one obstructing traffic.

BTW I heard about this today as well

*****

I want to ask a LEO a related question.

I know signing the citation is not admitting guilt, but is there anything that can be done if a person refuses to sign a citation on the side of the road? I assume you can arrest?

***

Edit, never mind I looked it up.

signature works as an O.R. (Own Recognescence) bond,

Read more: http://wiki.answers.com/Q/What_happens_if_you_refuse_to_sign_a_traffic_ticket#ixzz1KlnLzVDS

Edited by vontar
Posted

A ticket is issued "in lieu of arrest." Nobody says you gotta sign. You can choose to go through the arrest procedure if you prefer.

Posted

Yea so by not signing it seems the arrest would be legit once she was using the nosie ordiance. However, seems he beat the nosie ordiance, not sure how everything else went down and I don't know enough knowlege of the law to know if beatting that makes the arrest invalid or not.

Guest mrkirker
Posted

don't pull the tiger's tail.

Posted

Just because someone is a public servant, it doesn't remove the humanity. They can still make mistakes. I'll tell you, some of the rudest drivers I see are the ones with fireman tags. They tailgate, cut in front of you; and not in dept. cars. Personal vehicles. There's just no excuse for that.

Posted

Sounds to me like abuse of authority. The officer was clearly angered by being honked at and decided to "make an example" out of the other person. I don't know all the facts, but from what I have seen from officers in my home town here, I believe it. I know the local traffic nazi's here have written tickets for 48 in a 45 on a 4 lane highway. Granted the judge threw it out, but you are still out a days work and court costs. I don't want to be a cop hater, I have met some really good ones and they are just humans too, but goons that do this stuff do nothing for their image.

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