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Posted by: Inspector

A Pelham, NH man, upset with a traffic ticket he got from Lowell Police, contacted the LOWELL SUN to complain. His outrage got reaction from many readers and sympathetic people flocked to his defense. Now here's the follow-up on that story from Lowell Police Chief Ken Lavallee. I believe Supt. Lavallee deserves a pat on the back for his follow-up:


LOWELL -- It was a story that outraged Sun readers.
A Lowell man who thought his son was having a heart attack is stopped by a police officer last winter while driving to the hospital and given a $180 speeding ticket.
But after Neil Miller of Pelham appeared in court last Thursday to try to overturn the citation, Police Superintendent Kenneth Lavallee said Miller's version of the story is inaccurate in several ways, including:
* Miller told The Sun he was speeding to get his 22-year-old son, Ben, to Lowell General Hospital because he thought he was having a heart attack.
Lavallee, however, said neither Miller nor his son indicated that to officer Michael Farnum, a 21-year department veteran.
Lavallee said Farnum offered to call an ambulance, but the offer was refused.
"Mr. Miller's son did not appear to be in distress or pain," Lavallee said, adding that after Farnum wrote the ticket, Miller proceeded to argue with Farnum, showing no apparent rush to get to the hospital.
* Miller claims Farnum stood in front of his car along the VFW Highway near the UMass Lowell athletic fields, thereby blocking him from leaving.
Lavallee said Farnum never stood in front of his car.
* Miller questioned the rate of speed police alleged he was traveling, which was 58 in a 40-mph zone.
However, Lt. Tim Crowley, commanding officer of the Police Department's traffic division, said Farnum used a device known as the LIDAR, which stands for light detection and ranging. He said it is a precise tool when it comes to measuring speed.
In court last week, Assistant Clerk Magistrate Pamela Edward rejected Miller's claims and upheld the ticket.
Miller immediately filed an appeal and paid the $20 fee. His case will now go before a district court judge. A date hasn't been set.
The incident occurred during the afternoon of Feb. 12, after the younger Miller visited a doctor on the grounds of Saints Medical Center in Lowell. That doctor, whom Mr. Miller declined to identify, suggested tests. Even though they were already in a medical building at Saints, Mr. Miller decided to take his son to Lowell General because "that's where all his records were."
On the way to the hospital, Ben felt a sharp, stabbing pain in his heart and let out a loud gasp.
"I was scared out of my wits," Miller said.
Lavallee, however, said the elder Miller is fearful of losing his license to drive. Lavallee described Miller as a "chronic traffic offender who knows his right to operate a motor vehicle in Massachusetts is in severe jeopardy."
According to police records given to The Sun by the Lowell Police Department, Miller has been held responsible for seven speeding infractions in Bedford, Chelmsford, Duxbury, Medford, Stoughton, Tewksbury, Tyngsboro and Woburn.
Those violations include failing to stop at a stop sign/red light, a surchargable accident -- which affects your car-insurance rating -- a lane violation and an open-container violation.
In New Hampshire, Miller has been found guilty of speeding three times -- twice for going 25 mph over the speed limit -- and has an inspection-sticker violation.
Lavallee said Miller's driver's license has been suspended 12 times and revoked twice.
Miller said his past infractions should have nothing to do with the present situation.
"I've made choices in the past that I'm not proud of, but this is a different situation," Miller said. "This is about the actions of the cop in terms of an extenuating circumstance."
Miller said he received most of his previous speeding tickets while working at a former courier job, that demanded time-sensitive delivery of medical supplies to area hospitals.
Miller, however, declined to identify the name of the company.
"I believe Mr. Miller's credibility is in serious doubt," Lavallee said.

LOWELL SUN

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Posted by: lawdog671

Even though they were already in a medical building at Saints, Mr. Miller decided to take his son to Lowell General because "that's where all his records were."
On the way to the hospital, Ben felt a sharp, stabbing pain in his heart and let out a loud gasp.

LIAR!!!!....No doctor would release a 22 year old with those kind of chest pains to his father to drive to another hospital....it would be by ambulance or lifeflight with EMS....what a great father throwing his kid under the bus....

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Posted by: Killjoy

Quote:

LIAR!!!!....No doctor would release a 22 year old with those kind of chest pains to his father to drive to another hospital....it would be by ambulance or lifeflight with EMS....what a great father throwing his kid under the bus....

Absolutely true.

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Posted by: robodope

Just pay the ticket bitch!!!

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Posted by: rg1283

Unless a kid that age has a preexisting heart condition, its doubtful that he is having a heart attack. More then likely its muscle pain.

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Posted by: JMB1977

Quote:

Originally Posted by rg1283 Unless a kid that age has a preexisting heart condition, its doubtful that he is having a heart attack. More then likely its muscle pain.

Sounds right. I have experienced that same pain from working out.

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Posted by: 7costanza

Well hopefully shitheaditis isnt hereditery or this kid is screwed....

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Posted by: Nuke_TRT

I think he has to rethink his approach on this. No where in the article does it mention if the officer was wearing his cover. I think he might want rethink his appeal based on the fact the officer was not in proper uniform at the time. I'm sure if he has any questions he can consult with “Gone” who is already working on his own appeal.

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Posted by: mtc

Perhaps sonny boy should lay off the crack, his heart will feel so much better.

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Posted by: MSP75

I have heard the medical excuse many times. It is right up there with the "I have to go to the bathroom" excuse. They always refuse an ambulance or even a kind escort by me. A few have put on a real good pain act. I request an ambulance as a precaution. The EMTs have the person sign a refusal. The ticket is issued and he/she is informed that they have a right to appeal and can present any and all hospital records/receipts at the hearing.

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Posted by: kttref

Last time I had the chest pain thing...got the chick an ambulance and still ticketed the driver

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Posted by: Delta784

People will go to absurd lengths to avoid taking responsibilty for their actions. Anyone else remember the lengthy trial in Seinfeld where Newman tried to get out of a speeding ticket by claiming he was rushing to save Kramer, who was suicidal over his never becoming a banker? I've had some spectacles in court which weren't far off.

IIRC, there was a physician who sued a trooper from the Washington State Patrol over a $150 citation back in the late 80's-early 90's. It started off when the physician filed a bogus IA complaint which went nowhere, then filed a lawsuit which was also dismissed. The trooper countersued for defamation and won a 5-figure judgement which the physician appealed. The last I heard, it was pending before the Washington Supreme Court and the total amount of money spent by the physician including judgments and legal fees was over a half-million dollars.

All because he couldn't admit he was wrong.

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Posted by: 7costanza

Does anyone remember that Seinfeld episode...are you kidding...I just watched it....Brilliant!!

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