Sheriff Election

[Ross]

Hi Ross,

Driving an ATV on state and federal highways is a traffic infraction and not a misdemeanor. It should be noted that it is not unlawful to operate an ATV on city and county roads here which is where I have seen such vehicles being operated. I have never seen anyone operating an ATV along the highways outside city limits. I was asked if I would stop people from operating their ATVs on the roadways and I answered that I would not. If someone is operating an ATV on the highway outside city limits I will speak with them and determine a legal and safe route for them to drive that does not require them to drive on the highway.

Good morning Mike,

You are correct a traffic violation is mostly an infraction, my goof !
They can only become misdemeanor if the fine is not paid or may be a misdemeanor or felony based on the
seriousness of the violation. I ain't no cop or lawyer, just an old redneck, and proud of being one. LOL

I wish to ask are you saying the State highway ceases being a State highway, when it crosses the Moline or any other city limits? I don't understand that. Why do they cease being State highways at the city limits?

Would you ticket a minor for driving a car or truck or whatever for not having a licenses or insurance?
But not ticket a unlicensed minor driving an ATV on town or county roads?

My son has wanted to run my 4-wheeler on county roads and I will not allow it for safety reasons. I have the machine mainly as a work machine here on my little farm. I do allow him to drive it on my property occasionally. I do remind him frequently of the hazards and safety issues involved in the use of the machine.

State law requires a helmet for minors on ATV's on the streets, and I wonder does that law apply on private  property?

The laws can be very daunting.

Thanks for your response.

[Mcordell]

State statute does require a valid drivers license to operate an ATV on public roadways. Helmets are also required for juveniles as you point out. The statute governing operation of an ATV on public roadways specifically prohibits operation on state and federal highways but differentiates between those and county/city roads. Considering 160 in moline is a state highway but also has a city street name, I would err on the side of caution and classify that as a city street so long as it is within city limits. I would rather be cautious when it comes to the application of the law.

I am not interested in keeping my thumb on the community and I believe we enjoy slightly more Liberty here than you would find in more metropolitan areas. I would not wish to see traffic enforced with the same enthusiasm here as in Wichita and as such I believe using discretion in charging a minor for driving an ATV is appropriate. As for the unlicensed operation of a vehicle, I do not classify them the same way. A 2000 pound passenger car should not be operated by those who are not qualified and licensed to do so. Allowing such would be a hazard to public safety. Operation of an ATV is inherently risky, but primarily for the operator.

This is one of those areas where on paper they may appear to be the same severity, but in practice I do not believe them to be so. If a juvenile were to be violating the rules of the road and operating an ATV in an unsafe manner then I believe some action is necessary to intervene.

[Ross]

Hi Ross,

Driving an ATV on state and federal highways is a traffic infraction and not a misdemeanor. It should be noted that it is not unlawful to operate an ATV on city and county roads here which is where I have seen such vehicles being operated. I have never seen anyone operating an ATV along the highways outside city limits. I was asked if I would stop people from operating their ATVs on the roadways and I answered that I would not. If someone is operating an ATV on the highway outside city limits I will speak with them and determine a legal and safe route for them to drive that does not require them to drive on the highway.

I don't believe for one minute that state highways end at the city limits of any city.
However, if you are opting for discreationary law on traffic issues it should apply equally to all people on the highway inside or outside the city's or leave it to the State Troopers. That is my opinion  on the subject. Because such activity by a sheriff could be construed as favoritism in Elk County because so many people are related one way or another. Except people that are known as outsiders. Can you see the conundrum and how it may play out in a court room?

Writing bad checks intentionally is theft and is a crime of moral turpitude. I understand we disagree on this issue but I will not allow a deputy to work for the sheriff's office while committing crimes, especially crimes of moral turpitude as those issues can be used to exclude the deputy's testimony as a witness, thereby nullifying their cases.

I personally wrote a string of bad checks 30 years ago and I'm sure they could have been assumed to have been intentional by someone. I am glad to know today, that they were not assumed to be intentional, because it would hve cost me a very high paying job. Incidentally, it was because, I had transposed some numbers in my check book. I kicked myself all over the place.

Doesn't the law require an offended victim to press charges or can a Sheriff or deputy make an arrest on suspicion and file the charges in their own name?

Isn't a man still innocent until proven guilty in a court by a prosecuting attorney?
And if found innocent wouldn't that blunder create an opportunity for the defendant to sue
Elk County for a great deal of money?

Not too long back an Elk County road department employee was fired and she sued the County and won. I have met the lady but I can't say I know her. I have been told by friends that she was the best and most experienced road grader operator they had. But that aside, is that how we want to spend taxpayer dollars, paying for lawsuits?

It is important to realize that no one is ever charged with something called a "crime of moral turpitude." This is a catch-all (or catch-a-lot) description that can apply to any type of crime if and when appropriate.

It is also noteworthy that citizens are routinely charged with writing bad checks in this county and by this sheriff's office. I will not allow deputies and citizens to be held to different standards. Allowing a deputy to commit a crime because they are having financial troubles while simultaneously charging citizens with a crime in the same circumstances would be the definition of corruption. I will not allow corruption in any agency I run.

I don't recall reading of any charges of bad checks in the newspaper under the Sheriffs activity.
Can you provide documentation of this, this falls under public information. Other wise it is just another unsubstantiated rumor like lot of other post on this thread and other thread In fact I frequently call posts on the thread I started rumors to avoid being accused of deception. And I ask people to think for themselves and make their own decisions.

Thank you for the opportunity to provide clarification

Thanks for the conversation it's been great. You have made me consider numerous things.

[Mcordell]

There WILL be a public forum at the Grebola Senior Center October 11th from 6 pm to 7 pm. This one is going to proceed. Both commissioner candidates for the area as well as Mr Hanks and myself are all being invited and the event will proceed regardless of candidate attendance. I will be there. If Mr Hanks chooses not to attend, I will still answer questions from the public.

[Mcordell]

Ross, we are not going to agree on many things and that's ok. I have explained my view on the application of traffic laws governing ATV use. Thank you for your input in that area.

As for the bad checks, numerous people have been charged in this county for writing bad checks. I am not providing documentation but if you so desire you can request such from the district court. All those records are open records and they have a computer to allow you to search on your own.

As for the deputy that wrote bad checks, it was ongoing for quite a long time and was not due to an error in his checkbook. Yes he is innocent until proven guilty, which he was as soon as he moved to another county where he didn't have the protection of the sheriff to shield him from charges. This is also not an unsubstantiated rumor and if you ask any of the jurors from the most recent jury trial they can probably tell you that giglio (the court rule that excludes untrustworthy testimony) was brought into question due to his criminal charges for bad checks.

I hope I have cleared things up for you.

[Ross]

Good enuff.

[W. Gray]

Ross,

Why would you just up and throw in the towel without explaining what you were trying to talk about? It is not like you to "refrain from responding."

Besides the Egyptian and the subject of Thanksgiving, you were also apparently talking about an Indian (American type, I think) when you mentioned his or her arrow.

If you are/were immensely enjoying yourself, why are you running away? Where are you going—contacting someone about self-improvement classes, perhaps.

Maybe, if you could do well in Howard or in Longton, you could approach the community college in Independence and enroll there and get yourself an Associate Degree. Anything is possible, particularly with the energy you seem to have.

[Mcordell]

If I could interrupt your thread here I just want to let everyone know Mr. Hanks refused to respond to the school's request for a debate and as such they are no longer going to host one.  Before anyone gets up in arms to defend this as a scheduling conflict, the professional and respectful thing to have done would have been to decline if that were the case.  In this case he simply refused to respond. 

Thank you all and have a great day.  I'll see you at the Grenola forum on October 11th!

[redcliffsw]

Now the government approved candidates for Sheriff won't be debating in the government sponsored setting. 









 

[Mcordell]

Red,

The sheriff's office is part of the government.