VALLEY — During Monday’s Valley Council meeting, resident Virgil Clark, commonly known as Turtle in the community, addressed the council regarding an incident that occurred in December.
“On December 27th, I was on my way to the SportsPlex gym to work out when I noticed two Valley police cars with their lights on. I immediately pulled over. The Valley Police Officers, who were very courteous and professional, approached my vehicle and asked to see my license and proof of insurance, stating that a cover over my tag was obstructing the view of my license plate.
I laughed and replied, ‘You guys must be bored this morning. I’m traveling at 45 miles an hour.’ I presented my driver’s license, but unfortunately, I could not find my current insurance card. Unbeknownst to me, my insurance card was two weeks expired, but I did have a valid State Farm insurance card.
Another officer approached my vehicle in a very professional and polite manner and asked if I had found my insurance card. I said, ‘No. My wife just had problems with her computer, and she probably hasn’t been able to print off the new cards.’
I began to wonder if there was indeed something obstructing my tag, so I got out of my vehicle to look at the back of my car,” said Clark.
According to Clark, at that point, a female officer exited her vehicle and approached him in an aggressive manner. “She started yelling and screaming at me, and then she began shoving me,” Clark stated. He was subsequently placed under arrest, handcuffed, and taken to the police department for processing.
“I had to bail out, and my car was towed, which cost $300, and the bail was $185,” he reported. “After the incident, I spoke with Chief Shirey and subsequently hired a lawyer, which cost an additional $750. We requested video footage, including body cam and car footage, but we were not provided with any vehicle footage,” Clark added.
Clark went to trial and was found not guilty. On Monday, he requested reimbursement for the fees incurred from the incident.
“How much is that?” asked Mayor Leonard Riley.
“$1,285, which includes $750 for my lawyer, $300 for the tow, and $185 for the bail. I have receipts for all of that,” Clark replied.
Chief Shirey then responded on behalf of his department regarding the incident.
Under section 32-651, it outlines the display of tags and requirements. Essentially, anything that obstructs a tag, whether it be a drive-out tag or a dark cover, can lead to a stop. This is a straightforward law under section 32-584.
Now, looking at section 32-5A-4, it states that when an officer instructs you to do something during a legal traffic stop, which this was, you are required to comply with that request. If the officer tells you to get back in your car or to get out of your car, you must obey. In this particular case, the officer instructed Clark to get back in his car. When he did not comply, he fell under section 13A-10-2, which pertains to obstruction. At that point, he was arrested and taken into custody. This is quite clear.
Riley concluded by informing Clark that the council would review the dash cam video and get back to him.
