[Jeff Higgins]

April 7, 2009
Dear Sheriff XXXXX:

I am writing today as a concerned citizen who would like to bring a very serious matter to your attention. I would like to lodge a formal complaint against two of your deputies whom I feel acted in a very unprofessional and, in my opinion, a very dishonest manner. Let me also ask, that while I would certainly be willing to meet with you or any internal investigations staff regarding this matter, that my identity remain confidential at this time, and not circulated within the Sheriff’s Office.

My concerns stem from my interaction with these two deputies in the course of receiving a speeding citation. The citation was issued at a speed trap they were operating on XXXX at approximately 12:41pm. at XXXX XXXX Road. On this citation, the deputies allege I was travelling (northbound) at 51 mph in a 35 mph zone. The citation number is XXXXX. While I am sure it would be helpful at this point to provide the names and/or badge numbers of the two deputies, I must apologize in that I did not think to record their names at the time. I found the circumstances surrounding their issuance of this citation upsetting enough to where I simply forgot to record them. I trust your own internal records will identify the two deputies from the citation number, time and place I have provided. The signature of the one deputy who signed the citation is illegible, but it looks like his badge number might be XXXX.

Please allow me to explain the circumstances I found to be so upsetting. First and foremost, let me state this as clearly as possible – I was not speeding. I was doing precisely 35 mph, as nearly as I can tell from my own speedometer, and by pacing the vehicles ahead of me on XXXX Road at the time. This group of vehicles which I was following consisted of roughly three to four automobiles and SUV’s preceded by a similar number of motorcycles. I was approximately fifty yards behind them, and had been following at about that distance for some miles. We were all doing precisely 35 mph.

To be perfectly candid, we had fallen in as this erstwhile “ducks in a row” procession due in large part to the warnings coming from a steady stream of oncoming motorists. As I am sure you are well aware, motorists do indeed warn one another of upcoming speed traps, both by flashing their headlights and (on nice days, anyway) sticking their arms out the driver’s window and giving the universal “slow down” gesture. In the two miles preceding this particular speed trap, our little procession passed at least a half dozen oncoming motorists frantically giving us this warning. Whether it is necessarily legal or not for these motorists to have warned us in this manner is really irrelevant at this point - the point is, we had gotten the message and were well aware there was a speed trap ahead. We were all doing the posted 35 mph, and not one mph more.

Imagine my surprise when one of the deputies stepped out onto the road (after having let the other vehicles directly in front of me pass) and flagged me to pull over. Imagine my disbelief when both deputies claimed to have clocked me at 51 mph. I quite honestly had no idea how to respond, other than to say there must have been some kind of a mistake. It is painfully obvious that if I was, indeed, travelling some 16 mph faster than the rest of this group, I should have been closing rapidly on, or even passing them. I was doing neither. The gap between us had been constant for at least two miles, and remained constant the entire time we were in view of the deputies.

So why did they choose me? My first guess that they had made an honest mistake quickly evaporated in the course of the ensuing conversation. Neither deputy was even remotely interested in entertaining such a notion. It became increasingly clear in the course of what was rapidly becoming a heated conversation that they were simply going to write a citation – no if’s, ands, or buts. “Tell it to the judge” was one’s rather flippant response.

It was clear that by the time I had happened upon it, the speed trap set up by these two deputies had well and truly run its course. A steady stream of traffic in both directions was providing ample warning for any motorists approaching their site. While they had done an admirable job of slowing traffic on XXXX Road, they were clearly no longer getting any “customers”. In the twenty minutes I stood on the side of the road with them, the one deputy that continued to use his SMD to check traffic recorded no more speeders. This, in spite of the relatively constant stream of passing vehicles. The motorist initiated “warning system” was that effective. The very same system that had provided warning for me and the vehicles in front of me in our little group.

It is now my opinion that these two deputies, seeing their ticket stream drying (or already dried) up, picked me out of the crowd as the most “plausible” candidate available, riding as I was a Ducati sport bike. Believe me, I fully understand the seriousness of what I am implying here, so let me bring this well beyond innuendo or implication. In my opinion, your deputies conspired to fabricate a speeding citation against an innocent motorist. Me. I believe that they are, in no uncertain terms, lying, and have clearly conspired to do so. This is the only conclusion I can draw, as these two deputies have themselves ruled out (quite emphatically, I must say) any possibility whatsoever of either of them having made even slightest mistake or misjudgement. They were both quite sure about that.

It is with a great deal of trepidation that I write this letter. To be quite honest, I have never before written a public official in any position about anything at all. This is the first time in my 48 years I have felt strongly enough about anything to take the time, much less to make such strong accusations about any of our public servants. Let me emphasize right now that I admire your department and the tough job it performs for us every day; my respect for your department leaves me all the more disappointed and shocked by the behavior of these two deputies.

I must also mention just how helpless this situation has left me feeling. There were three guys on the side of a rural XXXX County road – two of them, one of me. No witnesses; no way to ever really verify what happened. Certainly a “he said/she said” situation where, once again, the deputies have the upper hand. Who is to say this will not happen again? Who is to say it has not happened to countless other motorists (who are too timid to come forward) at the hands of these two deputies? These two have, with their behavior, quite seriously undermined any respect I have for the deputies of XXXX County. We trust these deputies with a great deal; these two have squandered that trust, at least in my eyes.

I guess I’m not entirely sure where I expect you to go with this. I realize your deputies operate under a microscope, and probably endure more than their fair share of unwarranted citizen complaints. I’m sure a good number of your deputies’ “customers” dearly love to cry “police harassment”, and as a result any such complaints must be taken with a large grain of salt. On the other hand, however, if enough of these complaints are registered against these two – together or individually – maybe you will detect a pattern. I can only hope.

In closing, let me emphasize that this is not about the citation itself. I have retained the services of an attorney and will deal with the citation in court. It is about principles of right and wrong. Nor is this about the money. In my 32 years of driving, I have managed to earn only two speeding tickets, and I certainly deserved those two. I simply paid them without a fight; I’m not afraid to take my lumps when deserved. This citation will have no affect on my insurance rates, as I have also driven accident-free for 31 of those 32 years (I had one of those dumb kid fender-benders at the ripe old age of 16). So again, this is not about the money; nor is it about the citation. It is about two apparently dishonest deputies writing an undeserved citation, for whatever reason, to an honest, law-abiding citizen. One who is a lifetime Washington resident, and one who has been a resident of XXXX County for over twenty years. It’s about two deputies taking advantage of what they know to be a virtually uncontestable situation for that citizen in an underhanded effort to fill their ticket books. And lastly, it is about making you aware of a couple of bad apples on your force that I fervently hope will some day be exposed for what they are and dealt with accordingly.

Sincerely,

Jeffrey A. Higgins

I received a cursory "I got your letter..." phone call the day this landed in the Sheriff's office. Interestingly, that call was made mid-day to my home phone, even though I clearly listed my work/cell phone number. I returned the call immediately the next morning, hopeful that someone may actually like to discuss this with me. All I got was the typical "thank you for your letter; we will be in touch if we have any questions" response. Two weeks later, crickets chirping...

This has gotten out of control. No due process, no evidence of any kind required, and a couple of cocky deputies that well know the score. It's long past time we restore due process and remove the profit motive from traffic enforcement.