Black Motorist Faces 30 Days In Jail Unless He Writes Apology Letter To Cop For Saying 'Get Your A** Out Of The Way'
An Alabama motorist is gaining attention for his refusal to pen an apology letter to an officer he instructed to move aside during a traffic stop.
On Dec. 13, 2023, Reginald Burks, a Black man, was driving his children to school when he was pulled over by a police officer for speeding. The officer claimed his radar gun was malfunctioning but estimated Burks' speed using cruise control, a statement Burks doubted.
"I told him he was full of crap because there's no way that he clocked my speed by cruise control," Burks stated. The situation escalated when the officer issued Burks, 39, a speeding ticket and then positioned himself in front of Burks' vehicle, compelling him to reverse and drive around.
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"I said, 'Get your a*s out of the way so I can take my kids to school,'" Burks stated. "My daughter's like, 'Daddy you cursed.' And I said, 'I'm sorry boo.' "
Jenny Carroll, a criminal law professor, called the threat of serving jail time inappropriate as it relates to freedom of speech.
"I think it is one of those judicial orders that is sufficiently questionable that we ought to say, is it really proportional to give a 30-day sentence if he won't say he's sorry?" Carroll asked.
"That's a long time for what he allegedly said," she continued. "And my guess is, we could stop most adults on the street, and they would admit that in a moment of frustration, he said something that may be regrettable but doesn't deserve a 30-day sentence."
Despite being issued a speeding ticket, Burks did not face any additional charges stemming from his encounter with the officer. He mentioned having relatives and acquaintances in law enforcement and decided against challenging the ticket based on their advice.
Burks had planned to admit guilt and settle the fines in court, but he was surprised when the judge demanded that he apologize for swearing at the officer.
"I was like, I'll just pay the ticket, but I'm not going to apologize," Burks stated.
Carroll pointed out that while Alabama law does prohibit public cursing, Burks should have been formally charged with the offense and given the chance for due process if the judge intended to penalize him for his speech.
Instead, it appears that the judge is leveraging his authority to set a precedent with Burks.
"He's not able to make a choice about whether or not he wants to apologize," Carroll stated. "And he's not a child, he's an adult man. He's not being allowed to exercise his own decision-making process about whether or not his behavior warrants issuing an apology to the officer."
