I think this statement says it all.
“In my mind, he was a coward,” Lambert said in a phone interview. “He just wasn't going to show up. But if you are going to abuse your power to pull people over, you better have the intestinal constitution to stand before the court and say this is what I did and this is why I did it.”
http://www.news-journalonline.
In a twist on the typical traffic stop, a DeLand police officer told a driver it was his “lucky day” and offered him a warning rather than a citation. But the driver demanded the traffic fine.
And when a traffic hearing was held weeks later, the officer didn't show. Now, the driver is fighting to drag the cop into court to explain why he shouldn't be held in contempt for skipping the hearing.
Again, this wasn't your typical traffic stop.
The driver was well-known criminal defense attorney Michael Lambert. And Lambert said the police officer accused him of “impolitely” honking his horn. That was after Lambert honked his horn at the unmarked police car, which had remained stopped at a green light. On top of the unusual accusation, Lambert said the police officer tried to intimidate him by calling for backup in the form of “two humongous motorcycle cops.”
Lambert subpoenaed DeLand police Detective Christopher Jusick to appear at a hearing on April 15 for the traffic citation, which read “Improper use of horn (Driver blew horn upon green light switch).” Jusick had already been subpoenaed to appear, as is routine by the Clerk of Courts for such hearings. But Lambert issued his own subpoena just to make sure.
Still, Jusick didn't show.
“In my mind, he was a coward,” Lambert said in a phone interview. “He just wasn't going to show up. But if you are going to abuse your power to pull people over, you better have the intestinal constitution to stand before the court and say this is what I did and this is why I did it.”
Now Lambert has filed a motion before County Judge Shirley Green to order Jusick to explain why he shouldn't be held in contempt of court for not appearing despite two subpoenas. Lambert is also asking that Jusick pay for the time Lambert wasted attending the traffic hearing and the cost of Lambert's court reporter.
“You explain to me what authority you had to take 20 minutes from my life and during those 20 minutes bring in these two huge motorcycle cops to scare me,” Lambert said in the interview.
Jusick would say little when reached by The News-Journal recently.
“At this time I'm not going to assist you with your story,” Jusick said before hanging up.
The story started just after 9 a.m. on Feb. 21, when Lambert was sitting in his car stopped at a red light at Amelia Avenue and International Speedway Boulevard in DeLand as he headed to court. The light turned green, but the car ahead of Lambert didn't move. He could see the driver looking down at something.
Lambert said he's guilty of doing the same thing a few times a week when stopped at a traffic light which turns to green. In those cases, another driver will blow the horn at Lambert and he said he waves a mea culpa and drives on.
In this case, Lambert said he did what he usually does when it's another driver not paying attention to the traffic light. Lambert counted to five and then honked his horn.
“I just tapped it a little bit and he shot off like a rocket,” Lambert said.
Lambert figured the driver was embarrassed. He didn't figure the driver was a detective in an unmarked police car. Detective Jusick briefly pulled into a parking lot and then swung in behind Lambert and switched on his emergency lights.
Lambert pulled over and grabbed his pen and notebook.
The cop asked him if he knew why he had been stopped. Lambert said no.
Lambert said Jusick responded: “ ‘You impolitely honked your horn.' ”
Jusick then went back to his car with Lambert's driver's license, registration and insurance.
He came back about 10 minutes later.
“He told me, ‘It's your lucky day, I'm only giving you a warning,' ” Lambert said.
Lambert demanded the $167 citation.
“You are absolutely not going to give me a warning,” Lambert recalled saying. “You have already interrupted my day. And if you have the authority to stop me then you better give me a ticket.”
That's when Jusick called for backup as he wrote Lambert up for alleged improper honking.
According to Lambert's motion to hold Jusick in contempt, the backups were two motorcycle officers each over 6 feet tall and one estimated at more than 230 pounds.
DeLand police Sgt. Chris Estes said he didn't know the height and weight for the two motormen, Gregory McWhorter and Trinity Petrella, but confirmed they are big.
“They are large gentlemen,” Estes said.
Estes said Jusick, a 10-year-veteran of DeLand police, had not had problems with traffic stops in the past.
Jusick cited Lambert under Florida statute 316.271 “horns and warning devices” subsection (3), which states, “The driver of a motor vehicle shall, when reasonably necessary to ensure safe operation, give audible warning with his or her horn.”
After about another 10 minutes, Lambert said Jusick handed him the citation and advised the attorney that he didn't have to go to court but could simply pay the fine.
“Oh no, we will see each other in court,” Lambert said he responded.
But that hasn't happened.
On April 11, Jusick sent a letter to traffic infraction hearing officer John A. Pascucci which read, “Sir, I am officially requesting that the citation be dismissed.” Then he cites the case.
Pascucci did not dismiss it and the hearing was held on April 15. Jusick didn't show and Pascucci threw out the ticket.
But Lambert wants Jusick to appear in court. Lambert said Jusick has to understand that he has to obey the law as well.
“This isn't about me,” Lambert said. “It's about the law and everybody being responsible to follow the law. If they have the right to just interrupt people's lives, write tickets and make them come to court and then they don't show up, it kind of makes a joke of the entire system.”