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re: Any of you baws live in Brookside?

Posted on 1/24/22 at 12:16 pm to
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 1/24/22 at 12:16 pm to
quote:

I imagine it takes more than a mile and a half to pass a caravan of slower traffic while not also breaking the speeding law.

So essentially you're damned if you do, damned if you don't.


That's not what the law says. You can travel in the left lane as long as you wish as long as you're passing.

Of course, that's the actual law. It may not apply in Brookside.
Posted by Diego Ricardo
Alabama
Member since Dec 2020
5878 posts
Posted on 1/24/22 at 12:23 pm to
quote:

Do you have an ideas that you'd pass along?...or some adjustments to the current system? I'd be interested in reading them.


Unfortunately, like most people, I am a better problem finder than solution provider when it come to the criminal justice system.

All I know is Brookside’s approach is the most cynical use of criminal justice as a revenue generation instrument. Revenues from ticketing should not be a goal of law enforcement. It will inevitably lead to criminalization of behaviors that creates more revenue irrespective of their negative impact on society.
Posted by mre
Birmingham
Member since Feb 2009
3090 posts
Posted on 1/24/22 at 12:40 pm to
quote:

Harvey Updyke stays in trouble with the law because of the fine they levied on him more than anything else.

Harvey has actually managed to stay out of trouble for the past 18 months or so. Glad to see he's really cleaned up his act.

In all seriousness, Updkye is a bad example. He wasn't saddled with *fines* but rather with *restitution* payments for the trees he killed. That's a different animal.

There's no perfect solution to the treadmill of trouble lower income folks can find themselves in because of court ordered fines and the system we have in place makes it even more difficult. In many cities in this state, if you don't have the ability to resolve your fine outright, you get shuffled off to a private probation company, such as JCS ( https://www.al.com/news/birmingham/2018/05/private_probation_company_sued.html) which piles on additional fees on top of those already imposed by the city. Many times, these monthly fees assessed by the private probation company pile on and make it near impossible for someone to climb out from the hole they're in, with the threat of imprisonment if they're unable to pay.

Making the fines proportional to the offender's income is not a solution that will ever be palatable or acceptable, but the cities should be willing to work with offender's by evaluating their ability to pay, allowing them to pay their fines over time without additional fees assessed by a private company further indebting them, and maybe offer forgiveness of the remaining fees for those individuals who are below a certain income threshold but who make their payments timely for a set number of months. It's still a regressive system, but it's one with some flexibility, forgiveness, and compassion built into it.

This post was edited on 1/24/22 at 12:42 pm
Posted by JustGetItRight
Member since Jan 2012
15712 posts
Posted on 1/24/22 at 1:04 pm to
quote:

In many cities in this state, if you don't have the ability to resolve your fine outright, you get shuffled off to a private probation company, such as JCS


According to the Alabama Rules of Court, a defendant's ability to pay is supposed to be considered when imposing fines. There's even a worksheet for the court to use when calculating that ability to pay. I'm not going to sit here and say all make that consideration appropriately because places like Brookside and Harpersville a decade ago clearly show that's not the case but most places do.

quote:

offer forgiveness of the remaining fees for those individuals who are below a certain income threshold but who make their payments timely for a set number of months.


I don't have a problem with forgiving, but it would have to be tied to more than simply making your payments. If you didn't include other stipulations like no further offenses in any jurisdiction it would become an immediate get out of jail free card.

I'm a bigger fan of community service. Get a ticket, pick up the trash for a weekend and we're good. Even if you just stand there holding the bag for 8 hours a day, you've effectively been incarcerated and paid your debt.
Posted by mre
Birmingham
Member since Feb 2009
3090 posts
Posted on 1/24/22 at 1:07 pm to
quote:

I don't have a problem with forgiving, but it would have to be tied to more than simply making your payments. If you didn't include other stipulations like no further offenses in any jurisdiction it would become an immediate get out of jail free card.

I'm a bigger fan of community service. Get a ticket, pick up the trash for a weekend and we're good. Even if you just stand there holding the bag for 8 hours a day, you've effectively been incarcerated and paid your debt.

Agree with most of this, though I don't think the absence of a "no further offenses in a jurisdiction" would render it a get out of jail free card. If someone has made, say 12 payments of $20, they're still paying $240.

Absolutely would have no problem with the incorporation of community service into the forgiveness of a fine.
This post was edited on 1/24/22 at 1:10 pm
Posted by wm72
Brooklyn
Member since Mar 2010
7797 posts
Posted on 1/24/22 at 1:28 pm to
quote:

In many cities in this state, if you don't have the ability to resolve your fine outright, you get shuffled off to a private probation company, such as JCS ( LINK ) which piles on additional fees on top of those already imposed by the city. Many times, these monthly fees assessed by the private probation company pile on and make it near impossible for someone to climb out from the hole they're in, with the threat of imprisonment if they're unable to pay.




I didn't know anything about this racket until the past few months when I took some time off to do a lot of work on my mother's house. I hired a few guys to help, all good ol' boy ne'er do well types but hard workers that my brother had recommended.

Anyway, a couple needed rides to make their payments at the county jail complex (probably the largest, fanciest new building in the county by the way).

It was pretty surprising to hear about the debt they had to private companies. If they missed payments, the local sheriff deputies came around to put them in jail for a few days.

The worst of the bunch was from DUI but the others were combinations of stuff like unpaid tickets, public intoxication, pot possession etc. . .




Posted by KingOfTheWorld
Member since Oct 2018
5361 posts
Posted on 1/24/22 at 2:11 pm to
I grew up nearby in Gardendale. From the early 80s Brookside was a dump, trash town and to be avoided.
Posted by coachcrisp
pensacola, fl
Member since Jun 2012
30589 posts
Posted on 1/24/22 at 6:38 pm to
quote:

All I know is Brookside’s approach is the most cynical use of criminal justice as a revenue generation instrument. Revenues from ticketing should not be a goal of law enforcement. It will inevitably lead to criminalization of behaviors that creates more revenue irrespective of their negative impact on society.
AMEN!
When the #1 priority of law enforcement is revenue generation, and NOT public safety, bad things happen.
Posted by LoneMDG
Birmingham
Member since Nov 2009
2747 posts
Posted on 1/24/22 at 10:36 pm to
quote:

Harvey has actually managed to stay out of trouble for the past 18 months or so. Glad to see he's really cleaned up his act.


Posted by mre
Birmingham
Member since Feb 2009
3090 posts
Posted on 1/25/22 at 3:34 pm to
Posted by MoarKilometers
Member since Apr 2015
17873 posts
Posted on 1/25/22 at 4:21 pm to
quote:

https://www.al.com/news/2022/01/brookside-police-chief-mike-jones-resigns-after-alcom-report-on-traffic-trap.html

Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
42110 posts
Posted on 1/25/22 at 4:26 pm to
quote:

“This will confirm that earlier today, Mike Jones resigned as the Police Chief for the Town of Brookside,” the statement from town clerk Debbie Keedy read. “Since this involves a personnel matter, the Town has no further comment.”

I'm wondering if they actually meant that he resigned due to "personnel" issues or if they meant to say "personal" issues.
This post was edited on 1/25/22 at 4:27 pm
Posted by mre
Birmingham
Member since Feb 2009
3090 posts
Posted on 1/25/22 at 4:28 pm to
They're saying it relates to city personnel, and they don't comment on those matters.
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
42110 posts
Posted on 1/25/22 at 4:33 pm to
quote:

They're saying it relates to city personnel, and they don't comment on those matters.


Yeah, but they act like they can't when obviously a city can comment on personnel issues within one of its own departments. That's what caused me to wonder.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50304 posts
Posted on 1/25/22 at 11:44 pm to
I'm sure John Archibald is just over the moon about that.

ETA:
quote:

Brookside, a former mining town in north Jefferson County, has only 1,253 residents, but under Jones built an outsized force of 10 or more full and part-time officers with 10 dark vehicles that patrol I-22. 


So 1 police officer for every 125 residents...?

quote:

The city faces at least five federal lawsuits for its policing


As someone who audits cities for a living, I can tell you this is normal. Lots of people beat their chest and claim they're going to sue a city after getting a ticket, and simply filing a claim means the city is "facing a lawsuit." Most of these roll off after the statute of limitations expires because they can't find an attorney to take their frivolous lawsuit. It's completely common. I'm surprised it's only 5.
This post was edited on 1/25/22 at 11:52 pm
Posted by MoarKilometers
Member since Apr 2015
17873 posts
Posted on 1/26/22 at 4:17 am to
quote:

So 1 police officer for every 125 residents...?

According to the bureau of labor statistics, there are 795k police officers in the united states. That maths out to 1 officer for every 415 people, or only 3.32 times the national average for Brookside. With the recent resignation that literally decimated their force, down to only 3 times the national average
Posted by imjustafatkid
Alabama
Member since Dec 2011
50304 posts
Posted on 1/26/22 at 10:36 am to
quote:

According to the bureau of labor statistics, there are 795k police officers in the united states. That maths out to 1 officer for every 415 people, or only 3.32 times the national average for Brookside. With the recent resignation that literally decimated their force, down to only 3 times the national average


Again, if they want just one officer patrolling at all times, they would need at least 4. Add in a chief and that's at least 5. That is 1 officer for every 251 people. If you take out the chief, that's still 1 officer for every 313 people. It would be literally impossible for them to have a constant police presence and be near the national average you calculated. One could argue that they don't need a constant police presence, but if the citizens of Brookside want a constant police presence then I would argue that is their right.

And that's assuming you don't ever have more than one police officer working at a time, which is silly. A police force of 10 people seems pretty dang reasonable no matter what the size of the City is.
This post was edited on 1/26/22 at 10:43 am
Posted by mre
Birmingham
Member since Feb 2009
3090 posts
Posted on 1/26/22 at 1:27 pm to
quote:

Lots of people beat their chest and claim they're going to sue a city after getting a ticket, and simply filing a claim means the city is "facing a lawsuit."

This isn't talking about people who have filed notices of claims with Brookside. I'm not sure where they got the five number, but I can see three active lawsuits filed in Alabama federal courts against Brookside since 2021. The original article simply said "five lawsuits" (or maybe has been corrected to say that since then), so it may be there are some cases pending in state court as well.
quote:



I don't take issue with the size of the police force. As you said, if the town of Brookside wants that, then more power to them. But the police are using their increased manpower to issue bogus tickets just to generate revenue. We know that they're issuing bogus tickets because they've admitted under oath that they're doing it.
quote:

Dawson also represents Victoria Brumlow, a young woman who – like hundreds more – was stopped on I-22 and ticketed for driving on the left lane of the interstate. Not speeding, not swerving, just using the left lane.

A Brookside officer ticketed Brumlow under Alabama code section 32-5-77, which her lawyers contend does not contain a crime. But it’s a common charge in Brookside.

She argued that she only drove in the left lane to pass other vehicles, and her ticket – on May 26, 2019 – came five months before Alabama’s Anti-Road Rage Act, a law making it illegal to drive in the left lane of an interstate for more than a mile and a half, went into effect.

Brookside police officers in sworn depositions indicated they did not follow drivers for a full mile and a half before or after the new law was passed, and they continued to write tickets under the old law after the new road rage bill passed.

In May of 2019, the month Brumlow was stopped, Brookside officers ticketed 75 people for driving in the left lane. Between April 2018 and June 2020, they handed out 406 of those tickets, or about 15 a month, according to documents filed in the lawsuit.

Then, after issuing bogus tickets, the system is rigged into brow-beating people into just paying the fines by repeatedly continuing their cases:
quote:

Brumlow’s uncle, Jeff Brumlow, is the longtime prosecutor and city attorney for the city of Alabaster, and a GOP candidate for Shelby County district judge. He agreed to represent his niece in her traffic case.

In a sworn deposition in the civil suit Jeff Brumlow said he went to court three times before the case was ultimately dropped, and saw many people – he’d guess 25 to 30% of all defendants – charged with the dubious left lane violation.

“What I had watched in court with the use of this particular charge, I mean, just to be quite frank, it offended me that a court would act that way and that a city would act that way toward people who really don’t have that kind of money,” he testified. “So it was a bit of a moral outrage because I had sat in court three times now and it was no longer a mistake.”

This isn't getting a notice beforehand that your case is continued; it's driving back to Brookside, sitting in the court room, and then getting told to come back. If you're not from Brookside, having to do that three times goes beyond inconvenience and into the territory of the government using its inherent authority to force people to pay the fines--regardless of guilt--rather than continue to waste more of their time.

There's a reason why this is a non-partisan issue and Brookside is getting pressure from both Republicans and Democrats. Police Departments are not meant to be revenue generating arms of the government, which is what Chief Jones turned Brookside into.

Ironically, their actions are going to hurt other small towns because there will be reactionary legislation to what they're doing: https://www.al.com/news/2022/01/were-going-to-get-something-done-state-leaders-promise-action-on-brookside-ticket-trap.html
quote:

Among the ideas being discussed is a proposal that would ban Alabama towns under 19,000 population from issuing any tickets at all on the interstate, he said. Another suggestion might ban those small departments from issuing tickets on the interstate for non-moving violations, such as tag lights that are too bright or too dim.

quote:

there are several other proposals under consideration by legislators, including eliminating municipal courts in towns under a certain size, or requiring that money from fines and fees can’t go back into the general fund, or the police department.
Posted by imjustafatkid
Alabama
Member since Dec 2011
50304 posts
Posted on 1/26/22 at 2:13 pm to
quote:

Among the ideas being discussed is a proposal that would ban Alabama towns under 19,000 population from issuing any tickets at all on the interstate, he said. Another suggestion might ban those small departments from issuing tickets on the interstate for non-moving violations, such as tag lights that are too bright or too dim.


I'm okay with these proposals and hope they happen.
Posted by Roll Tide Ravens
Birmingham, AL
Member since Nov 2015
42110 posts
Posted on 1/26/22 at 2:59 pm to
Apparently the now former police chief was also President of the Helena City Council at one time. He had some shady stuff going on when he was in that role involving a business he owned.
This post was edited on 1/26/22 at 3:07 pm
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