Jason Avery

The stop report from Officer Jason Avery.

CITY OF PORT TOWNSEND,

STATE OF WASHINGTON,

(Plaintiff)

PETERSON, JORDAN JAMES,

)

(Defendant)

I declare as follows:

I have been employed as a police officer for 13 years/ x months, and was on duty on 2/10/07 at 230 p.m.

I made contact with the defendant, PETERSON to whom I issued Notice of Traffic Infraction Number 11875. My contact with the defendant occurred at Jefferson & Sims Way (place of infraction)

My attention was first brought to the defendant when

.I was traveling west on Sims Way when I saw a male on a small red cycle ride through the intersection at Haines Place and Sims Way. The cycle turned east onto Sims and after clearing the intersection in the roadway traveled onto the bike lane and continued down the road in the bike lane. I turned around and rove behind the cycle and paced the cycle at a consistent 30 mph. I also noticed the engine appeared to be a gas engine that appeared to be at least a 50cc engine. The cycle did not have blinkers, or an operational brake light. I looked at the cycle and realized the motor was actually a 110cc engine. I informed Peterson that the cycle was not legal to drive on the road without a regist6ration.

The defendant/driver made the following statements after being stopped:

Peterson informed me that he had dealt with this issue in the past and that the bike was not covered directly under any law.

I certify (or declare) under perjury under the laws of the State of Washington that the foregoing is true and correct.

DATED this 16 day of 03, 2007, at Port Townsend, Jefferson County, Washington.

[signed] Jason Avery

Officer

TO BE USED FOR NON-SPEEDING INFRACTIONS

I went to court, because I was not in violation of any law.

The judge asked if I could send her a photo of the vehicle by mail, and that after receiving, she would make a ruling.

With the picture (above) of the scooter, I also typed out a letter addressing some reasons why I fought this case.

Dear Honorable District Court Judge,
Due to a recent hard drive crash in my laptop, it has taken me a couple of days to find the requested image in sent-mail of a previous backup. I was lucky to provide a photo. Please review enclosed reference photo of motorized foot scooter. It is important to me, as well as a few others in our community to promote Senate Bill 5450, passed in 2003, in regards to Washington's attempt of cleaner air. Snippet taken from http://www.leg.wa.gove/pub/billinfo/2003-04/Pdf/Bill Reports/Senate/5450.SBR.pdf.

As mentioned in your presence, April 20th, 2007, I have followed every State law applicable to Motorized Foot Scooters (RCW 46.04.336). Please note that I have been using Motorized Foot Scooters for the past 2 plus years as my primary source of transportation, hoping to lead others, as well as doing my part, to reduce our dependency on foreign oil. I could drive an SUV, but I conduct most of my business and personal life within the community, and driving a full size vehicle around isn't necessary! In these 2 plus years, I have been pulled over dozens of dozens of times without tickets as I had RCW references pertaining to the device(s) I was riding. Many times I was late for work, late from lunch or late to  appointments while transporting with a Motorized Foot Scooter because of being pulled over to explain RCW 46.04.336 and what I'm riding. Now I have gotten a ticket from Jason Avery, who I have not seen around town that long. He had to send the ticket by mail because he wasn't sure what I was doing wrong at the time of his contacting me. Over time, the local authorities became educated of the laws and I was not bothered nearly as much (please see http://www.evawareness.com). I had lobbied with Kristen Anderson, former chief of police in Port Townsend, over this harassment and within two months she apologized and admitted that we were following the laws.

Additionally, I would like to express concern in that Jason Avery states that he has been employed as a police officer for 13 years, yet according to a few employees of Townsend Bay Marine, Jason is a former employee, for which Townsend Bay Marine, incidentally, has not been in business for 13 years.

Other side notes: I am allowed up to 5 brake horsepower if a Motor-driven cycle was applicable to a Motorized Foot Scooter, but under RCW 46.04.332, Motorized Foot Scooters are clearly omitted. A bare-bones 50cc two stroke is roughly 5 horses, but a 110 (actually 107cc) four stroke puts out the same as it runs at a slower RPM, and compared to a two stroke, it puts out nearly 50 times less the pollution. Above what is good for the future or not, I have followed state law, and it has brought me into court, which I had guessed, was only a matter of time.

Thank you for reading the side notes while I specifically remember you requesting a photo of my scoot.

Sincerely,

Jordan Peterson

The ruling... It was dismissed..