Posted on 12/15/2002 4:22:30 PM PST by Dan from Michigan
Man charged with contempt for obscene message on check
Writing what was really on his mind could end up buying a Howell man more trouble than he bargained for after he wrote obscene comments on a check used to pay a traffic ticket.
Eric Wilmoth, 26, has been charged with contempt of court by 53rd District Court Judge John Pikkarainen after Wilmoth wrote "Bulls- - - F- - - - - - ticket. Suck on it" on the memo line of a check he mailed to the court to pay a traffic fine.
Wilmoth will appear before Pikkarainen in Howell for a show-cause hearing at 10 a.m. on Monday. His attorney, Ron Plunkett of Brighton, said his client can't be held in contempt of court because it violates his First Amendment rights
"This is America. I think you can say that," Plunkett said. "Now it's a different thing when you do it in front of a judge."
Plunkett says Wilmoth hasn't acted disorderly in front of any judge or even been in the presence of one for this case before he was held in contempt. It's unknown how Pikkarainen discovered the check. His secretary said the judge wouldn't comment because the case is pending.
When checks to pay traffic fines are mailed to the Livingston County Courts, like the one Wilmoth sent, they can go through a number of different hands, including the 53rd District Court Administrator and the county clerk's office, according to Diane Livingston, chief deputy clerk for the 53rd District Court.
Any check drawing attention can be sent to the court administrator or the court's chief judge -- Pikkarainen. Whoever noticed Wilmoth's check probably didn't have a hard time seeing its controversial comments.
"He (Wilmoth) highlighted that with a yellow marker," Plunkett said.
Wilmoth apparently highlighted the comments to drive home the point he didn't think he should have been ticketed. According to Plunkett, Wilmoth accidentally backed into someone while trying to turn onto Grand River Avenue in Howell on Sept. 25.
No one was injured and alcohol was not involved in what Plunkett calls a minor accident. He also points out that Wilmoth has a clean driving record. That didn't stop a City of Howell Police Department officer from writing him a ticket for improper backing.
Wilmoth contested the ticket in October in an informal hearing before Livingston County Magistrate Brian Brown. Plunkett said Wilmoth acted calmly with Brown and the officer even though Brown ruled against him. He wrote the controversial check and mailed it on Oct. 18.
Six days later Pikkarainen signed an order to hold Wilmoth in contempt for "Improper use of language," according to court records. Wilmoth received notice of the charge in the mail a few days later.
Soon after he contacted Plunkett, along with other local attorneys, to see what he could do to defend himself. Plunkett, who is working this case for free, said Wilmoth is scared to death the judge will make an example of him and send him to jail.
"He regrets having written it," Plunkett said. "He'll apologize to the court. But at that time he was upset with the court."
Plunkett is not excusing Wilmoth's actions as acceptable for normal everyday interaction, pointing out he gets angry when his teenage son uses similar language.
However, he contends the First Amendment covers the comments because the check isn't a menacing or sexually suggestive (he point outs that the check doesn't elaborate on what "it" means) and it doesn't pose a threat to the public good, like yelling fire in a movie theater.
"Just because a lawyer might not say it or just because it can make us a little squeamish doesn't take it out of the First Amendment protection," Plunkett said.
I'll give you a BS F'ing ticket though that they need to suck on. That would be getting a ticket after getting rear ended. That's the East Lansing PD(Specifically Officer MARTIN) for you.
LVM
Sounds like the truth for about 90% of traffic tickets which are issued.
"Traffic enforcement" is nothing more than "revenue enhancement" for the corrupt welfare state.
"Improper use of language?" This bozo judge is just making stuff up.
America's Fifth Column ... watch Steve Emerson/PBS documentary JIHAD! In America
New Link: Download 8 Mb zip file here (60 minute video)
Mr Haddock . . . was leading a large white cow of malevolent aspect. On the back and sides of the cow were clearly stencilled in red ink the following words:TO THE LONDON AND LITERARY BANK, Ltd:
Pay the Collector of Taxes, who is no gentleman, or Order, the sum of fifty-seven pounds (and may he rot!) L 57/10/0
ALBERT HADDOCKMr Haddock conducted the cow into the Collector’s office, tendered it to the Collector in payment of income tax and demanded a receipt.
(At least you can say that the Collector of Taxes is "no gentleman" and express a wish that he may rot.)
Many in the ELPD are pretty notorious for their behavior. There are some good cops there, but more than enough bad ones.
The guy's mistake was going before the magistrate. You think "hey, I can argue the case on my own and not pay a lawyer, and I retain my right to appeal". Problem is, the magistrate is usually tighter with the cops than are the judges (one I once dealt with was an ex-small town police chief who deliberately misread the law to find me "guilty").
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