Transcript of January 16, 2013 Court Hearings
On January 16, 2013 the court heard testimony on pending Motions in the case of the seatbelt ticket that Prairie Grove Police Officer James G. Page wrongfully issued to me. Those who testified included myself, my wife, my brother-in-law, and Officer James G. Page. Immediately after the hearing, I ordered the transcript, and on February 15, 2013 the court reporter completed it and emailed it to my office. I have quoted particularly relevant passages from that transcript below. The Questions start with the letter “Q” and the Answers start with the letter “A.” The numbers in brackets are the page number and the line number from the transcript (e.g. [40-8] indicates Page 40 Line 8).
You can click here to download the entire official transcript from the January 16, 2013 Motion hearings.
Officer James G. Page.
Q. by Attorney Mail [32-22]: Did Mr. Puryear commit a crime by asking for your badge number?
A. by Officer James G. Page [32-24]: No.
Q. by Attorney Mail [33-9]: Is it your standard policy to issue a citation upon being asked for your badge number?
A. by Officer James G. Page [33-11]: It’s not my policy, no.
Q. by Attorney Mail [33-12]: Why did you do it here?
A. by Officer James G. Page [33-13]: Attitude means everything and Mr. Puryear — Mr. Puryear was not giving me the — was not respectful throughout this arrest, and if I’m going to take a complaint after giving him a favor by letting him go, then I’m going to write a citation for that.
Q. by Attorney Mail [40-8]: What’s the discussions happening at 16:45:02?
A. by Officer James G. Page [40-9]: I told him you’re wearing your driver’s license now — or you’re wearing your seatbelt now. I gave him back his driver’s licenses. I thanked them both for their courtesy. You’ll even see me wave at the driver and thank him and I turned to walk away.
Q. by Attorney Mail [40-14]: At that point it was your intention to get
back into your car?
A. by Officer James G. Page [40-16]: Yes.
Q. by Attorney Mail [40-17]: And your intention at that point was to allow them to leave.
A. by Officer James G. Page [40-19]: Yes.
Q. by Attorney Mail [40-20]: At 16:45:07, what happens?
A. by Officer James G. Page [40-21]: Mr. Puryear says I want your name and badge number; I’m making a complaint.
Q. by Attorney Mail [40-23]: What do you say and what do you do?
A. by Officer James G. Page [40-24]: And I walked back and I said may I have your driver’s license back, please.
Eric Puryear
Q. by Attorney Mail [81-18]: Were you wearing your seatbelt?
A. by Eric Puryear [81-19]: I always wear my seatbelt and I was most – I always wear my seatbelt and I was most – – certainly wearing it here.
Q. by Attorney Mail [82-3]: Were you wearing your seatbelt on this particular occasion?
A. by Eric Puryear [82-5]: Yes.
Q. by Attorney Mail [83-19]: And what did the officer do?
A. by Eric Puryear [83-20]: The officer advised that I was not wearing my seatbelt and asked me why I was not wearing it, to which I responded that I was wearing it. I always wear my seatbelt.
Q. by Attorney Mail [85-9]: When the officer returned after going back to his car, came back to your side window, what did the officer do at that point?
A. by Eric Puryear [85-12]: The officer handed me back my driver’s license which I began to put into my wallet again in the front section. He stated that he didn’t see my seatbelt, but he would take my word for it that I was wearing it.
Q. by Attorney Mail [86-20]: What was the officer’s response to your asking for his badge number?
A. by Eric Puryear [86-22]: The officer then advised me that he would write me a citation and that he would put his name and badge number on that.
Q. by Attorney Mail [87-1]: Prior to that, did you inform the officer that you were going to file a complaint?
A. by Eric Puryear [87-3]: I never uttered the word “complaint.” I did not do anything other than ask for his name and badge number.
John Cackler
Q. by Attorney Mail [62-6]: Did you have any occasion to observe whether Eric was wearing his seatbelt?
A. by John Cackler [62-8]: Yes.
Q. by Attorney Mail [62-9]: Is your F-150, does that give you any sort of indication if someone’s not wearing their seatbelt?
A. by John Cackler [62-11]: Yes.
Q. by Attorney Mail [62-12]: If he — if Eric hadn’t been wearing his seatbelt, would you have heard or observed any sort of notification?
A. by John Cackler [62-15]: Yes, it dings and then there’s a light on the dash.
Q. by Attorney Mail [62-17]: Did you personally observe Eric wearing his seatbelt?
A. by John Cackler [62-19]: Yes.
Nicole Puryear
Q. by Attorney Mail [72-4]: Where were you located in the vehicle?
A. by Nicole Puryear [72-5]: I was in the back seat, passenger.
Q. by Attorney Mail [72-6]: Was that directly behind Eric?
A. by Nicole Puryear [72-7]: Yes, behind the passenger.
Q. by Attorney Mail [72-8]: Were you able to from that position determine whether Eric was wearing his seatbelt?
A. by Nicole Puryear [72-10]: Yes.
Q. by Attorney Mail [72-11]: How so?
A. by Nicole Puryear [72-12]: Yes.
Q. by Attorney Mail [72-13]: And how was he wearing it?
A. by Nicole Puryear [72-14]: Like anybody would wear a seatbelt.
Q. by Attorney Mail [72-15]: And you specifically noticed that?
A. by Nicole Puryear [72-16]: Yes, it’s right in my field of vision.
Q. by Attorney Mail [73-23]: What did the officer say?
A. by Nicole Puryear [73-24]: He asked for Eric’s license.
Q. by Attorney Mail [74-1]: What did he do next?
A. by Nicole Puryear [74-2]: He said the reason I pulled you over is you weren’t wearing a seatbelt, was there any reason why you weren’t doing that. Eric then said he was. The officer then asked for the driver — driver’s license of my brother who was driving the truck and then he went back to the squad car.
Q. by Attorney Mail [74-8]: And when he returned from the squad car, what happened?
A. by Nicole Puryear [74-10]: He gave both the licenses back. He said you said — he said — He said I didn’t see your seatbelt. You said you were wearing it. I’ll take your word for it. Have a good day. He started to walk away. My husband stuck his head out the window and said, excuse me, Officer. The officer then came back to the car. My husband asked for his badge and name. He asked my brother for a pen. The officer said, you know what, never mind. Give me your license back. I will give you a ticket and it will have my name and badge number.
Q. by Attorney Mail [74-23]: Is that what he did? Did he give him a ticket?
A. by Nicole Puryear [73-24]: Yes, he gave him a ticket.
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