CMA Veteran Courier gets BUSTED!

CMA courier 'The J' showing us his summons. His face and the personal info line on the ticket have been blurred out in order to protect his pre-trial identity. Here you can see that the officer wrote in BI for bicycle in the vehicle type block that was being operated when this alleged misdemeanor was committed.

16. Failure to stop at/for railroad warning. GS 20-142. Upon researching NC State General Statute 20-142 I discovered that there are actually 4 Statutes related to this type of purported moving violation. 20-142.1, 20-142.2, 20-142.3, 20-142.4 and 20-142.5

The Light Rail Crossing that the implied infraction took place.

Here you can see how far away the slow moving in town train can actually be from the pedestrian cross walks and gate arms on 6th Street.

Moving closer at a very slow pace.

An attempted street crossing with the train this close would be suicide.

The Charlotte Messenger Association compunctiously announces that one of its own seasoned couriers has been charged with the alleged offense of riding under, over or to the side of the Charlotte Light Rail System(not solution) gate arms which were down stopping vehicle traffic for the approaching train. This purported incident took place Friday July 31, 2009 on east bound 6th Street at approximately 1643hrs while The J, aka The Lackey(street names used to protect the accused's identity) was attempting to deliver his late afternoon mail run to the USPO. The J recalls that he was not sure if the gate arms were completely down and he does not remember hearing the bells or seeing any huge flashing RED stop lights that are attached to each gate arm. All that really comes to his mind is that he was trying to deliver that US Mail with the highest level of professionalism, speed and a work ethic that often exceeds the expectation of his customer, the client. A few minutes after crossing the light rail tracks down the hill, The J turned left into the Post Office. A CMPD officer driving a classic white and blue sedan with roof lights flashing pulled in behind him hitting the loud audible siren at least twice to let The J know that he was sought in the alleged incident. The CMPD officer got out of his car and politely asked The J who was straddling his bike for ID. Next the officer went back to his patrol car and verified The J's identity in the United States National Data Base System better known as the program icon CIC on the laptop inside of the car. Once The J's true identification was electronically uncovered the officer up held the assumed law by writing a summons stating that The J had broken cover all NC State General Statute 20-142 which clearly states in 20-142.5 that: No driver shall enter an intersection or a marked crosswalk or drive onto any railroad grade crossing unless there is sufficient space on the other side of the intersection, crosswalk, or railroad grade crossing to accommodate the vehicle he is operating without obstructing the passage of other vehicles, pedestrians, or railroad trains, notwithstanding the indication of any traffic control signal to proceed. Any person who violates any provision of this section shall be guilty of an infraction and punished in accordance with G.S. 20‑176. Violation of this section shall not constitute negligence per se.
An employer who knowingly allows, requires, permits, or otherwise authorizes a driver of a commercial motor vehicle to violate this section shall be guilty of an infraction. Such employer will also be subject to a civil penalty under G.S. 20‑37.21. (1991, c. 368, s. 1; 2005‑349, s. 16.)

While the police officer was issuing The J a pink ticket summons another CMA member rolled up to the scene to see what all the commotion was about. The J hearing the clock tick in his head asked this rider to take his certified mail in for him and get it stamped with Billy D's round brown. With honor the non accused rider took in the mail of the detained one and finished the job returning the receipts to The J who was about to be released. In an email I asked this non accused rider to elaborate on what he or she saw but this is all I got: I rolled up while they were ticketing him. So, The J received his written ticket in the parking lot and with the help of a fellow messenger made sure that the client's mail went out. In a few weeks The J will have to appear before the DA in an administrative court hearing which will give him a chance to prove his innocence which at this time is presumed over his guilt.