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Notice of Request for Trial by Declaration, Floppy Backup

Notice of Request for Trial by Declaration, Floppy Backup

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Published by Van Der Kok

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Published by: Van Der Kok on Aug 08, 2014
Copyright:Traditional Copyright: All rights reserved

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08/08/2014

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 Notice of Trial by Declaration by Philip A. Kok Citation No. 57464SM 
1
 Notice of Request for Trial by Declaration
On the day after Thanksgiving, of this year, 2003, I was doing various odds and ends and errands of sorts, mostly in support of the ministry I started several years ago, and happened to be in a Staples Office Supply near Rosemead and the 210 freeway. I had gone in and picked up some DVD cases for the most recent mission film I have completed, entitled “The Philippines for Christ!” based upon my own personal experience in the Philippines a few years ago on a short-term mission with our denomination, the Christian Reformed Church. It’s an inspirational film, and I am very excited about it, and am sending it to various persons around the globe. Anyways, after purchasing the DVD cases, or “jewel cases”as they call them, I left the office supply store and pulled out of the parking lot in my 1992 white Ford Taurus. In contrast to previous cars I have owned such as the 1986 red Honda Prelude, or the 1986 blue Isuzu Trooper, among others, this car is the most “conservative” and modest of all the cars I have owned. I purposely chose a “non-controversial” car so as to give “gone-fishing” police no excuse whatsoever to pull me over. My psychology  professor who informed me about the study which showed that red cars get pulled over more often than any other color car had warned me or us in advance, but I had to find out for myself I guess. He also noted that there was no way to confirm whether it is the color of the car that makes police tend to pull over red cars more than any other color, or whether there was a correlation between the color of the car and the disposition of the driver –i.e. fast or reckless.
 
 Notice of Trial by Declaration by Philip A. Kok Citation No. 57464SM 
2Well, when I drove the red car I still drove conservatively and safely but occasionally found myself inadvertently attracting the attention of some of the “gone fishing” officers, so I finally decided to give that car away to a charity, around the same time that I also gave away the blue Trooper. And I purchased the white Ford Taurus. I was in this particular vehicle on the day after Thanksgiving when I pulled out of the Staples Office Supply without my seatbelt on. Only moments later, as I was waiting to turn left on to Rosemead to get back on the freeway, I noticed the signals of the officer’s car behind me. As soon as the signal changed I made the turn and turned into the Jack in the Box parking lot, thinking maybe he just wanted to pass; but in fact, no, he was pulling me over. I opened my door, and asked, “
 Did I do something wrong, officer?”
He responded that I was not wearing my seatbelt, and, if I recall correctly, that they were insistent on 100% enforcement. Based upon my own personal experience I had observed and heard that the police do not normally write citations for not wearing the seatbelt unless there is another reason for which they decided to pull you over (i.e. speeding, etc.), and they only use the not-wearing-seatbelt as an excuse if they see something that makes them suspicious. I had been pulled over once before for not wearing a seatbelt, and it was in an older model Isuzu Trooper (’86) with tinted windows in an area of Orange County which
 
 Notice of Trial by Declaration by Philip A. Kok Citation No. 57464SM 
3consists mostly of “soccer vans” and other well-maintained vehicles. For the neighborhood, it was arguably suspicious, even if, after they got to know me they would realize there was nothing dangerous, criminal, or suspicious about me; unless being too good is a crime. But on this particular occasion, the day after Thanksgiving, there was nothing arguably suspicious about me. I was/am an adult white male driving a white Ford Taurus station wagon, with a dog as the passenger on a city street at normal speed. Because of this, I am contesting the citation with the contention that the decision of the officer to stop me and cite me, as opposed to giving a warning, was a racial/social-economic decision, rather than a matter of departmental policy as it pertains to the alleged 100% enforcement of citing citizens for not wearing seatbelts. In fact I was direct about my concern with the officer and told him that I could very well see that I was being stopped for being a “white boy” and that it very much  bothered me especially since I am a good citizen, drive conservatively and safely, albeit without a seatbelt on occasion, and furthermore, am no longer inany way arguably a “white boy.” That is, if “white boy” is the derogatory term for a young man who grew up in a white (or Caucasian) household with “white” parents, and with all the alleged arguable benefits of being “white”, I no longer fit that picture because I was/am now almost forty years old and have been through “the system.”

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