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Police "judgement" versus Law

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Old 08-26-11, 11:18 AM
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Originally Posted by sggoodri
Does Child Protective Services want a media frenzy? Because that's exactly what they would get if they threaten the mother over this. All the morning talk shows will start calling when they find out.
https://www.cracked.com/article_18884...-all-time.html

The situation is so bizarre that CPS whistleblowers have even reported foster parents putting in orders for other people's children, at which point the organization will reportedly investigate the **** out of that family until they hear someone use a cuss word, and then it's hello, new parents.

If you still don't buy the mob analogy, consider this: When Vanessa Shanks' child was taken away and she fought the decision in court, CPS responded rationally by taking away children of her relatives, and after Shanks finally won in court, they took away her attorney's children. And to think they could have saved themselves so much time by simply offering Shanks "child insurance."

Read more: The 7 Most Horrifying Cost Cutting Measures of All-Time | Cracked.com https://www.cracked.com/article_18884...#ixzz1W9l8htt1
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Old 08-26-11, 11:31 AM
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Originally Posted by NYgreyrider
True, however it is the stranger abductions that are the most dangerous for the child.

From the amber alert website:



Just because it doesn't happen often doesn't mean there is no reason for concern. To this day the county I live in and the surrounding counties are still in shock over a child abduction that occurred under very similar circumstances to what this officer is addressing.
Here is an excerpt from the case I'm talking about: Sara Ann Wood, Wood was last seen riding her pink and white ten-speed mountain bicycle to her family's residence on Hacadam Road in Frankfort, New York on August 18, 1993. She was returning from Norwich Corners Church on Roberts Road and Gaffenburg Road in Frankfort, where she attended summer Bible school. The church was less than a mile from her house. Wood picked up some posterboard, a church song book, and some 8-by-10-inch plastic transparencies at the church before heading home. She apparently made it safely down Roberts Road and was last seen pedaling up a steep hill on Hacadam Road, four-tenths of a mile from her residence. Wood's bicycle and the supplies she'd picked up were discovered in an area of brush several hundred feet off of Hacadam Road later in the evening. The bicycle was leaning against a tree and the supplies were scattered nearby. Lewis Lent,suspected serial killer and child abductor, would later admit to Wood's abduction an murder.

Just because something is extremely rare doesn't mean steps to avoid is shouldn't be taken or at the very least suggested. I am all for any legal action that police can take to prevent an incident like this from occurring again. In this case it seems the officer informed the parents of a potential safety risk. It appears the message was not delivered clearly or properly and seemed to condemn instead of properly inform. That's a shame because what could have been an important message has been interpreted, by some, as a meddling, bored police officer abusing his authority.

In the end, as it appears no laws are being broken, it is a judgement call for the parents to make. Every parent must find their own balance between living with fear and living. As a parent, if I were the OP, I would just consider the officer's opinion as just that an opinion. I would give his opinion the weight I felt it deserved in the future and adjust my decision according to my best judgement with the additional information I now have.
The problem is that risk/reward analysis seems to be, in many, many, instances irrationally skewed.

In 1999 there were about 32,000 DEATHS in the United States for occupants of vehicles on the road. This of course includes driving around with your child.

In 1999 there were about 58,200 non family “abductions” which includes everything from a “true kidnapping (115 in 1999),” to “a 4-year-old boy was taken on a 20-mile joyride by the school bus driver after the rest of the children had been, dropped off at their homes,” as well as much more serious abductions.

If a police officer were to threaten to call CPS on a parent who drove their child to McDonalds and back, due to the risk of DEATH, that would be labeled insane, even though the risk of DEATH is much greater than the risk of the child in the OP’s example being abducted by a stranger. The reward to the OP’s child, riding a bike to school, is so much greater than my example, getting to eat a greasy hamburger, yet people drive their kids around for frivolous reasons without thinking and then act shocked at a parent letting their child ride a bike to school.

It seems we as a society have become so irrationally fearful of things that are not really dangerous, that do in fact have a reward, to the point we deprive ourselves and our children of rewarding experiences due to irrational fears.

There will always be, and have always been, things like abductions, shark attacks, lighting strikes, car accidents, broken necks in football games and on the playground, and kids falling out of multi story windows. That doesn’t mean we should lock our children in their rooms, never let them in the ocean, never let them play in the rain, never drive them anywhere, never let them play football on the playground, or require bars on all windows more than 3 feet off the ground.
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Old 08-26-11, 11:33 AM
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Appropriate.
While I was reading this thread, the radio played Arcade Fire's "Sprawl II"

We rode our bikes to the nearest park,
Sat under the swings, we kissed in the dark,
We shield our eyes from the police lights,
We run away, but we don't know why,
And like a mirror these city lights shine,
They're screaming at us, "we don't need your kind."
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Old 08-26-11, 11:47 AM
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Originally Posted by wjclint

There will always be, and have always been, things like abductions, shark attacks, lighting strikes, car accidents, broken necks in football games and on the playground, and kids falling out of multi story windows. That doesn’t mean we should lock our children in their rooms, never let them in the ocean, never let them play in the rain, never drive them anywhere, never let them play football on the playground, or require bars on all windows more than 3 feet off the ground.
Yeah I completely agree. There is no hidden meaning in my posts or "fear mongering" I meant exactly what I said here:

Originally Posted by nygreyrider
In the end, as it appears no laws are being broken, it is a judgement call for the parents to make. Every parent must find their own balance between living with fear and living. As a parent, if I were the OP, I would just consider the officer's opinion as just that an opinion. I would give his opinion the weight I felt it deserved in the future and adjust my decision according to my best judgement with the additional information I now have.

I don't think the parent who lets their child ride to school is any more right or any more wrong than the parent who makes their kid take the bus. Both parents have all the same information they need to make an informed decision. IT'S their decision, not yours, not mine, not the nosy neighbors and as long as no laws are broken not CPS and not the Police.

I also don't feel the police are wrong by informing her they believe a small risk exists. I do believe they are wrong by trying to force her to comply with their risk assessment instead of hers.

Last edited by NYgreyrider; 08-26-11 at 12:23 PM.
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Old 08-26-11, 12:13 PM
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i wonder what makes this police officer think that his judgement is any better or valid than anyone else's?
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Old 08-26-11, 12:16 PM
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Originally Posted by ghostgirl
i wonder what makes this police officer think that his judgement is any better or valid than anyone else's?
Well, he was acting on a tip from the school, so most likely, he is only acting in official capacity, responding to the complaint.

That, and he is in a position to exercise authority to make judgement calls like that. He's wearing a badge.
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Old 08-26-11, 12:39 PM
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Originally Posted by ghostgirl
i wonder what makes this police officer think that his judgement is any better or valid than anyone else's?


My guess is he went there because of the complaint he received. From the OP's story he totally fumbled the ball in handling the complaint. He simply should have said we have received some complaints and here are our concerns and left it at that. Instead he did the worst thing a police officer can do and he delivered an ultimatum with a threat he appears to have no legal standing to issue. I'm sure he expected this to be a nice piece if community policing in which the OP would thank him for enlightening her and promise never to let her child ride the bike again. That didn't happen so now he is following through on the ultimatum. Fast forward and now the DA and CPS are involved. I'm honestly more interested in what the DA is thinking.
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Old 08-26-11, 01:22 PM
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Originally Posted by gpsblake
I'm not trying to start an argument. But after looking at google street view for the elementary school in that area, the cop had the right to be concerned. No shoulder, no sidewalk, narrow street that you know it very crowded when school is letting out.

https://maps.google.com/maps?q=elizab...,70.18,,0,4.91
That school is on a very narrow 2 lane highway...THIS is the school she is riding from

https://g.co/maps/upqd

(if you look at the image look around you'll see Cedar goes uphill? That is the way she rides.
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Old 08-26-11, 01:46 PM
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Perhaps, since there is no clear law on leaving a child at the park, the numbers give support to what many of us parents feel out in public everyday: the cultural effect of CPS, the furrowed brows of neighbors and strangers who see a young boy biking down the block and think first to call a government department instead of slowing down their car.
...
The policemen I questioned told me their personal concerns were for kidnapping and molestation. But laws on neglect aren’t intended to protect children from kidnappers and molesters. These laws are intended to protect children from their own family, where the real danger lies. So if the frontlines of enforcement aren’t clearly identifying the problem, if they intuitively believe it is about kidnapping, and if enforcement is a subjective decision, then it is critical to change that intuition, to clarify the purpose. When 96% of 34,000 calls a year to CPS are not substantiated — that is, when nearly all calls to CPS are wrong – we have a political and social problem, not a legal one. And the way to fight that is simple. It’s done by persuading your neighbors that children are okay alone. It’s done by making it normal for children to be seen acting independently. It’s done by taking your children to the park.

And leaving them there.
https://www.freerangekids.com/wordpre...here%E2%80%9D/
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Old 08-26-11, 01:47 PM
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I have contacted League of American Bicyclists because realistically I cannot afford an attorney. The police know this because I live in a government subsidized housing community. I am far from being under educated or stupid however. I am a 41 year old woman of 5 kids, earning my B.A. in Public relations and Speech Communication. This being said - The Major I have been communicating with is informing me that the officer is waiting to hear from a child protective services worker who was out here last year on an unrelated issue, that I asked regarding rules/regulations for my daughter riding her bike to school. (she was riding her bike at this point in time so I felt it was an opportune time to ask, since I was relatively sure the complaint was made to get cps involved because of her riding to school...the complaint was she went to school in dirty and torn clothing) I am 99.99% sure the officer will not receive any information regarding the case last year without a court order requiring it.

I have seen a copy of the complaints received by the police department which include:

A young child is riding their bike to school and I'm afraid they will get hurt
A child is riding on Cedar Avenue and causing traffic issues as cards maneuver around her

I am intelligently aware of the risks my daughter takes every time she goes outside. She could be hit by a car, abducted, shot, stabbed ***** walking to the bus stop JUST as easy as she could riding her bike to school (the bus stop is about 3/4 block away). These same instances could happen when she goes out to play. However, the point the police are attempting to stand upon is the supervision aspect of it. Please show me a parent of a 10 year old who does NOT allow them to go outside to play. However when I ask what the difference is, they say well she's a MILE away. When I ask about the kids who walk home they inform me these children live closer..uhm ok...so once again I'm back at a dead end.

As I said I have contacted League of American Cyclists (legal aid just gave me the run around and refused to assist me) and I am praying they are able to assist me with this. The gal I spoke to was completely blown away by this. I am still debating on the media somewhat waiting to see what happens and I have NO clue how to bring it to the attention of the media. Or if the media would even care.

I appreciate everyone's support, its really helping me a great deal with this because right now I feel like I'm trying to climb a icy mountain and y'all are my safety rope (bad analogy I guess).

I did find a cycle friendly attorney, but ofc money will prevent me from retaining him but I am hoping for some helping advice from him at least.

And it IS a cycling issue they are using the unsupervised time as an excuse to avoid the cycle legality situation

Last edited by BikeMomTn; 08-26-11 at 02:24 PM. Reason: attorney
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Old 08-26-11, 02:10 PM
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BikeMomTn, I'm sorry to hear that you are being harassed for violating a social taboo, i.e. allowing a child to operate a bicycle with the same level of entitlement to a neighborhood roadway as an adult bicyclist. As you daughter is obeying the traffic laws and operating predictably, she is in no greater danger than an adult cyclist, and in fact may be in less danger because motorists are typically much more careful when driving near child cyclists than when driving near adult cyclists unaccompanied by children. It's sad that the police don't view motorists' changes in behavior due to your daughter's presence on the road as exactly what should be happening, rather than as some sort of aberration that must be stopped.

I'm currently teaching my 8 year old son how to ride on roads like these, with the hopes that he will ride independently on them by the time he is 10. Until then he will ride supervised by me. He already is more traffic-aware and operates more lawfully than most kids years older than he is.

I've spent ten years studying cycling safety and crash reports in my city and surrounding cities. Kids riding lawfully on the roadway in daylight on low speed streets like yours almost never get into crashes with cars. It's only when they make significant traffic errors or ride at night without lights that we see crashes on streets like those. The most common cause of car-bike crashes we have here in town involve cyclists riding on sidewalks, not in the roadway. Of the hundreds of crash reports I've looked at, the only report I've found of a child being struck by overtaking traffic while traveling in the normal direction of traffic on a 25 mph street involved a child who swerved away from the curb and moved a full 10 feet or more across the roadway before glancing off the side of the overtaking car, which had moved into the other side of the road to pass. The child was not seriously hurt.

I hope the LAB can help you. I'd like to think that's what I'm paying my dues for.

Steve Goodridge, League Certified Instructor #1690
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Old 08-26-11, 02:18 PM
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I guess this is the season for this sort of thing. I just posted a thread about the same sort of issue coming from the local school district's police officer. While I'd be worried about my young child (my oldest is 9.5) riding in the street without me, I'd be pretty upset if she got brought home by the police for doing something that is legal.
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Old 08-26-11, 02:29 PM
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Originally Posted by NormDeplume
I guess this is the season for this sort of thing. I just posted a thread about the same sort of issue coming from the local school district's police officer. While I'd be worried about my young child (my oldest is 9.5) riding in the street without me, I'd be pretty upset if she got brought home by the police for doing something that is legal.
It is upsetting to me because no law is being violated whatsoever yet I am being told child protective services is being called and now the DA. Sure really lovely but I wont back down
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Old 08-26-11, 02:43 PM
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Put it in every local newspaper, you have popular appeal and common sense on your side
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Old 08-26-11, 02:48 PM
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Originally Posted by Dan The Man
Put it in every local newspaper, you have popular appeal and common sense on your side
Somewhat. Remember, the "average" citizen feels biking on the street is dangerous...
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Old 08-26-11, 02:52 PM
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Originally Posted by 8Fishes
Yes, but saying that is very misleading. This applies when the child is abducted. It will generate leads that police should be looking to immediately, but the chances of being abducted in the first place can be minimized. This is what the officer is trying to do. I don't personally agree with the way he approached it, as I do believe as parents you have the right to raise your children as you see fit. He is just probably looking after his own interests, and not wanting to work an abduction case if it ever were to happen. I am sure he's just fine sitting in his cruiser by the school and watching the children as they go by.

What are the statistics of a child being abducted while being supervised vs or not supervised? I'm willing to bet the chances are way higher unsupervised.

EDIT:
I also have to add, that after seeing BikeLawyer's post I would say that these days, it's a game of liability. The officer probably just wanted to go on 'record' that he 'warned the parents' to not let the child go unsupervised. This probably isn't going to go any further than this. If anything were to happen and he did not do this, it would make the PD look 'bad' because 'they aren't doing there job'. Now that there is probably a file on record the PD can spin this in say that they have made efforts to warn parents of situations that would put children in danger, and they 'do there best' and infer that parents make poor choices if anything were to happen.
Given that presumably you were NOT there when the LEO himself effectively "kidnapped" the little girl, nor presumably were not present for the conversation between the LEO and the mother you do NOT know what his motives really were. Also if he was really concerned for her (the little girls safety) why did he make her get into his squad car instead of radioing and having a female officer come to the scene?

As by making her get into his car he's leaving himself open to all kinds of allegations. Which is why when a male doctor sees a female patient there is always a nurse in the room. It's NOT as some might think to protect the patient, but rather it is to protect the doctor from false charges brought by the patient.

Please, PLEASE, tell me that you are NOT advocating that because something bad MIGHT happen that parents shouldn't ever let their children out of their sight? Again as I said in another post, you do know that there are children in NYC, Chicago, LA, etc. that are walking the street at that age or younger and are doing so SAFELY every single day.

There is being protective and there is being overprotective, and it sounds as if THE OP had done everything right, and that this "concerned" LEO wants her to be overprotective and afraid of something that isn't as common as he is trying to make her think.
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Old 08-26-11, 02:55 PM
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Originally Posted by sggoodri
Since when do we imprison the innocent to protect them from the possibility of criminals coming after them? Tell the cop that he's welcome to patrol the streets during her commute.
Steve,

That is a very good question. As I could be mistaken, but I thought that it worked the other way around, i.e. we locked up the criminals in order to protect the innocent.
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Old 08-26-11, 03:46 PM
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Originally Posted by gpsblake
Well, in my small town, the school district does not allow any student in middle school or lower to ride a bicycle to school. Now, if the policeman was just acting on behalf of your school, then you probably need to discuss the issue with the school also. Probably wouldn't hurt to call the policemen's supervisor either. But don't be too harsh, he was looking out for your daughter's safety, although over-protective.
I think you hit the right tone for the OP to take. Admit, no stress, that you realize the officer was trying to look out for her safety. DO NOT try to make him out as an orge, just as someone well intentioned but honestly mistaken.

Try to bully the police and they will push back.

The problem may well be that the original officer had already painted himself into a corner, he could not back off without feeling weak. His supervisor has not yet done that, give him every chance to see things from your viewpoint.
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Old 08-26-11, 07:20 PM
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Originally Posted by BikeMomTn
Well the chief of police called me back (after talking to the district attorney) And said although she is not violating any laws until they hear from child protective services that if I allow her to ride her bike I will breaking the law by putting her in an unsafe position.
As I said before, it's not about the bike.

If the officer said you were violating some law by having her alone there, the officer is probably right. The only way is to not let her be alone there. Don't try to make it about the bike, it's not. So far they have told you that twice that I know of.

I'm guessing you are a single parent, and very busy having all those kids to take care of. I know it's a huge pain to add another thing for you to do, but in the end you will have to do what the police say. I am a single parent of two. Two is enough work for me. When my kids were young, we had kids parties with 10-15 kids sometimes. I know how much work it is. But you are eventually going to have to drive her. Fighting now is a waste of time. You can make all the noise you want in the end you will have to do what the police want. How long before your oldest kid can drive her?
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Old 08-26-11, 07:45 PM
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Originally Posted by Dan The Man
Put it in every local newspaper, you have popular appeal and common sense on your side
Nope, that's the worse thing that can happen. Just look at the negative responses when a cyclist gets killed and it's 100 percent the fault of bicyclist.

What probably would happen if the OP pushes too much is the school district will simply ban her from riding her bicycle on their property. (Plus, it's probably a huge legal issue for school IF your daughter would get hurt riding her bike from school or to school).

Not trying to be negative about the girl riding a bike, I think bike riding is awesome and great. And like I said, the cop appears to have did nothing wrong, he was simply responding to a complaint about the safety of a girl. Where the cop would be wrong is if he didn't respond to the complaints at all.

I think the best approach is to work with the town to perhaps try to get a MUP to the school.
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Old 08-26-11, 08:27 PM
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Originally Posted by 2manybikes
As I said before, it's not about the bike.

If the officer said you were violating some law by having her alone there, the officer is probably right. The only way is to not let her be alone there. Don't try to make it about the bike, it's not. So far they have told you that twice that I know of.

I'm guessing you are a single parent, and very busy having all those kids to take care of. I know it's a huge pain to add another thing for you to do, but in the end you will have to do what the police say. I am a single parent of two. Two is enough work for me. When my kids were young, we had kids parties with 10-15 kids sometimes. I know how much work it is. But you are eventually going to have to drive her. Fighting now is a waste of time. You can make all the noise you want in the end you will have to do what the police want. How long before your oldest kid can drive her?
Yes I am a single parent but that makes NO difference whatsoever. I am NOT violating any law on the local, county, state or federal laws by allowing her to ride to school. It to a LARGE degree about her bike because the children that walk home are not suffering this harassment. The basis of the investigation was because of complaints received about a small child riding her bike to school AND that this child was causing motorist to have to maneuver around her. That is the basis of the entire investigation, including the child protective services and the DA office. Please explain to me HOW that is not a cycle issue?

again this is the school
https://g.co/maps/upqd

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Old 08-26-11, 08:45 PM
  #97  
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Originally Posted by 2manybikes
If the officer said you were violating some law by having her alone there, the officer is probably right.
The OP said the officer did not say any such thing. Do you really think people should blindly follow authority like that?
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Old 08-26-11, 08:50 PM
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Bike Lawyer I cant private message you so I sent a email
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Old 08-26-11, 08:54 PM
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Have you ever cycled/walked to school with her? Your case will be strengthed a lot if you can say "I've gone with my daughter as shes cycled, and I haven't witnessed any issues with cars manouevring around her".

Don't blame the police for this one. If they've received more than one complaint they have to do something. I get the impression they've come up against a wall not kowing what to do - there are no laws being broken - and so, in a way, passed the buck on again asking for 'advice' (read as a 'decision') from the CPS or the DA.

The root of the complaint is the biggest issue to tackle. Its one of two things:
1. Your daughter really is somehow getting in the way of cars and putting herself in a position you wouldn't like her to be
or
2. Shes doing nothing wrong and you've got some really vindictive school run parents who hate being held up for a few seconds

If I were you I'd want to go with her to school a few times to make sure it isn't 1., and to give me the power of saying that its number 2., and then hell, make a counter complaint to the police about the inconsiderate drivers around school opening/closing time!
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Old 08-26-11, 08:59 PM
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Originally Posted by CopperCyclist
Don't blame the police for this one. If they've received more than one complaint they have to do something.
Yeah, they can inform the busy-bodies that the young girl is operating legally as a driver of a vehicle. ABSOLUTELY no need to attack the mother of the girl as they've done.
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