In Montgomery, Alabama, a man got a ticket during a traffic stop last year and told a police officer, “Move out of the way.” According to him, a judge told him that he had two options: apologise to the officer for swearing at him or face a potential jail sentence of up to 30 days.
Reginald Burks is willing to sacrifice his freedom because he believes that his rights protected by the First and Eighth Amendments have been violated. He is claiming that someone is preventing him from exercising his right to free speech, and he believes that the punishment he is receiving is severe and unfair. In Alabama, it is against the law to use offensive or vulgar language in public. However, Burks has not been accused of disorderly conduct, and he does not believe that the word “ass” is against the law.
“It’s not a bad word,” Burks, who is 39 years old, said in an interview on Monday. “It is mentioned in the Bible.”
A police officer stopped Burks on December 13th at 7:38 in the morning in the small town of Ozark in southeast Alabama. He was going to bring his son and daughter to school.
Burks lives in Skipperville, which is about 10 miles away from Ozark. He said that he finished work at 4 a.m., slept for two hours, and then woke up to prepare his 14- and 8-year-old children for school.
Burks said that the police officer who stopped him told him that he was driving faster than 25 mph. Burks said he asked the police officer how fast he had been driving because he didn’t believe it was true. The person told the police officer that their radar gun was not working. Instead, they used their car’s cruise control to determine Burks’ speed. Burks said he told the police officer that the way he was handling things was not good, and that he should simply write him a ticket. According to him, the police officer stood in front of Burks’ car after giving him a ticket.
Burks said, “He was standing still and refused to move.” “I politely asked him two times.”
Burks said, “I told him to move back and leave.” “He said to me, ‘Go.’” “Please go around.”
Burks said that he told him to move so he could take his kids to school. You are not paid enough because you behave in a way that is not smart.
After the argument, Burks left in his car and apologised to his daughter.
Last month, Burks went to court prepared to accept responsibility, pay the fine, and continue with his life. Judge Nicholas Bull of Osborn Municipal Court instructed him to write an apology to the officer. This was because he had allegedly used offensive language towards the officer after paying a fine of $211.12. The fine included a $20 penalty, as well as service and court fees. This is a copy of the order from NBC News.
Burks got injured. He and his lawyer explained that if he failed to submit the letter by his next court date on June 4, he could be sentenced to a maximum of 30 days in jail.
She said that what sets this case apart from others is not just the punishment, but the fact that the punishment is disproportionate. The judge is explaining the consequences if the person does not express remorse.
Burks and his lawyer believe that the decision goes against the Constitution. Burks is also fighting it because he thinks it will set a bad example and result in other drivers, especially black drivers, being unfairly punished.
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