IDOT INVESTIGATES TRAFFIC STOP, RV SEARCH

IOWA DOT has launched an investigation into the complaint we brought against one of their officers Darrell Wiegand, who pulled us over in a highly unusual traffic stop on March 27.

The two officials who came down to talk with us on Monday April 6 were polite and courteous and allowed us to vent our frustrations, for which I did indeed at one point apologize as I felt I had become a bit heated. Because of the unconscionable way we believe we were treated in the traffic stop, our emotions are quite chaotic at the moment and we are both under a lot of stress. We do appreciate being allowed to have our say and explain to IDOT what happened with as much adherence to facts as we possibly can.

However we do have a few concerns at the moment which I will outline below.

First, we had a number of requests of Major Ned Lewis and Colonel David Lorenzen which they were unsure they could fulfill for us, and we are at a loss as to why that might be.

The requests we made of them were:

1)Since the information we were able to find on the IDOT website didn’t seem to give us the flexibility we would like for e-mail contact (it provides only an online form, no email address) or a direct phone number to certain officials, we asked that we be sent all direct contact information for Jon McQuoid, Mark Lowe, and Nancy Richardson. David Lorenzen wasn’t sure he could send this information to us.

2)Since the traffic stop we were subjected to was anything but routine (we hope) we asked if we could be sent the agency’s written procedure for a traffic stop which we are confident (again we hope) exists. Again we were told David Lorenzen wasn’t sure he could send us this information.

3)Since we are concerned that Officer Wiegand’s behavior far exceeded the parameters of his job, we asked if we might see the job description for an officer of his rank and if that could be sent to us. We were told we could find this information on the IDOT website.

4)Since we are the ones who brought the complaint against Darrell Wiegand, we asked if we might be told what is his current status on the force. We were told that is a confidential personnel matter. It seems we cannot even be informed whether or not Mr. Wiegand has been placed on any kind of leave. We are under the impression that since we were involved we must be told this information. Perhaps we are wrong…..

The day following our meeting with Major Lewis and Colonel Lorenzen, I e-mailed Major Lewis to clarify whether or not he had actually spoken to a particular individual who has complained about Wiegand. In part of that e-mail exchange I again requested contact information on IDOT officials. To date I have received no reply from Major Lewis as to whether he will give us the information, nor have I received the contact information itself….I can’t help but feel this speaks to an apparent lack of transparency on the part of IDOT, that the agency does not make it simple and easy to effect direct contact with the director and other officials on such a serious matter.

Second, in addition to our I believe reasonable requests to Major Lewis and Colonel Lorenzen, we also brought up with them a couple of serious issues we have with IDOT.

The first issue is that the agency does not seem to take anonymous complaints seriously.

I explained to Major Lewis and Colonel Lorenzen that what we are finding is how afraid drivers are of reprisal by DOT.They say that when they stick up for themselves, contest a citation, or make waves of any nature that there are a few IDOT officers who then start pulling them over just –for example– to check paperwork. Even if everything is in order and they do not receive a citation, they can be stuck by the side of the road for hours.This puts them behind schedule and they lose money. If they are cited for a minor violation (and there are an astounding number of laws) and want to contest the citation, most do not have the time to travel hundreds of miles and wait hours in court and so they “just let it go.” So no, most truckers are not interested in making waves with IDOT.

Because of this, I feel very strongly that IDOT needs to take every single complaint against one of their officers very seriously, even if it is an anonymous complaint. It is my opinion that IDOT officials are using the excuse of “anonymous complaint” to ignore problems that are occurring out on the road. It seems to me that when they receive enough complaints of a certain nature, particularly when they concern the same individual, that IDOT should investigate.

On Monday, I made a simple analogy for Lewis and Lorenzen: If you have a child and you receive repeated anonymous phone calls that the child has behaved badly or broken the law, would you ignore the calls you were getting just because they wwere ANONYMOUS? Or would you confront the child and ask what was going on? I pointed out to these IDOT officials that they are not only responsible but also liable for the behavior of their employees. It is the job of IDOT officials to keep their people in line using whatever tools at their disposal. If anonymous tips are one of those tools, so be it, they are going to have to use whatever they can get to keep their agency clean.

There is no excuse for IDOT officials not to do everything to ensure that the behavior of IDOT officers remains above reproach. This is what the taxpayers want and I am sure it is also the desire of what I assume is the majority of IDOT officers who are professional and courteous.

My second biggest issue with IDOT is that the agency does not seem to be keeping reports of complaints even when they are NOT anonymous. In the last few days I’ve received firsthand reports of several complaints called in to IDOT where the callers identified themselves. One involved a UPS driver who told me he had been harassed by an IDOT officer and even on one occasion wrongfully cited, something which he actually brought to the attention of a prosecutor, a fact to which the prosecutor agreed!. I described a couple of these situations to Major Lewis over the phone. I believe he told me it would be easy to check out at least the UPS driver’s story,even though I didn’t know his name, because IDOT would have a record of the problems. But when Lewis was down here Monday he told me he couldn’t unearth a single bit of information about this UPS driver in IDOT’s documents, nor did he seem to have documentation of other complaints I’d heard about.

So we have a few choices here: the UPS driver(and others) is(are) fabricating stories for my benefit and in fact never complained; Major Lewis doesn’t know where to go to find the information (or in any event has not been able to find it yet in the “system”); or lastly, formally lodged complaints and citation anamolies have vanished into thin air at IDOT. Take your pick.

And by the way, I have been in contact with several more people who have lodged complaints against other officers and against Wiegand, and in the case of Wiegand, it seems Lewis had no knowledge of any previous complaints, or at least that is what he seems to be indicating. (This although reporters working on the Wiegand story now have received countless calls about Wiegand and other officers, our own phone has been ringing continually for more than week now, and our answering machine even received messages during the time Major Lewis and Colonel Lorenzen paid us a visit!)

I don’t think I need to point out in so many words that Something is NOT right here. Or at least there is something I am having trouble understanding.

For now we are going to watch and wait and see where the investigation leads. But we cannot help but be troubled by some of the issues I have outlined above. Although IDOT seems willing and eager to placate us, if events continue to unfold in the present manner, we aren’t confident that the investigation will be thorough, competent, or effective.

UPDATE: A few hours after I wrote this,I received a conference call from Major Lewis and Colonel Lorenzen saying they would send us e-mail information on two out of three IDOT officials I requested. It seems these officials’ phone numbers are at the idot.gov website but I had been unable to find them previously. I seem to rememeber that at one point I gave up on the website and tried a main number, in any event I think I overlooked information that was actually there. Major Lewis helpfully supplied me with the proper links, for which I am grateful.

The other information I received from the call is that Darrell Wiegand has been placed on administrative leave. I was not told exactly when that leave began.

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7 Responses to IDOT INVESTIGATES TRAFFIC STOP, RV SEARCH

  1. Pingback: IA DOT harasses retiree with CCW - Page 4

  2. callmecrusader says:

    Thank you for this update!

    Stick with this unfortunate occurrence even tho you have had to take some grief from the public.

    It’s called walking in someone else’s shoes- which some people are not able to do.

    Good luck, neighhay!

  3. Jerry says:

    Surely a freedom of information act (FOIA) request will get you any ” written procedure for a traffic stop ” if such exists. You can do a FOIA without legal help if you are so inclined, and may find directions on the web.

    • neighhay says:

      Thank you for your help, Jerry. We need all the help we can get.

      We are still trying to figure out if IDOT has the right to pull over commercial AND non-commercial vehicles. When they were here, the IDOT commanders talked out of both sides of their mouths on this topic.

      The understanding we got from their double talk is that yes they do have the right to pull over either category if they think the vehicle is engaged in commercial use, but that they did not pull over passenger cars. When I pointed out that by this description of what IDOT has the right to do, their officers are also within the law to pull over the Avon Lady driving her car …well, then they did not know what to say!

      My guess is that IDOT DOES have the right to pullover any non commercial vehicle they choose without a whole lot of probable cause, but that they would really prefer the general public isn’t aware of this “right.”

      Here is my question: If indeed IDOT DOES have jurisdiction over both commercial and non commercial vehicles, then why don’t they stop NON commercial vehicles more often than they do? If my guess is correct that over 90% of the people they pull over are driving commercial vehicles, wouldn’t this indicate targeting of a certain group? I maintain it is possible that IDOT is profiling a group, which is truckers, and throws the book at them over all kinds of unreasonable and inaccurate interpretations of the law.

      Every single commercial driver I have spoken to in the last week tells stories of being ticketed for ridiculous reasons–one driver was ticketed for inoperable equipment because during a storm when roads were muddy, his brake lights and reflective tape were obscured by mud as he was going down the road!. The ticket: faulty equipment. And this by the way was a ticket given him by an officer other than the one who targeted us.

      Every single trucker I spoke to agreed that once they had received a violation, they were pulled over more frequently, and they suggest that IDOT runs their plates and pulls up their records and proceeds from there under the assumption they must again be guilty. We are interested to find that IDOT keeps very good records about driving violations but LOUSY records when it comes to complaints against their own.

      We have also heard at least one rumor about IDOT which I repeat here only as rumor and if anybody knows for sure, please weigh in on this: We have heard the rumor that IDOT has quotas for their officers, 2000 to 7000 dollars a day depending on their job. No wonder a few of their officers are running around like chickens with their heads cut off!

      I believe IDOT receives money from the Federal government to run its operation. I am sure the Federal government would have some severe issues with IDOT’s frequent arbitrary and capricious enforcement of laws.

      It seems the priority of an Iowa government agency that was perhaps originally intended to make us all safe has degenerated into a frantic money making scheme, with a sideline in more than occasional abuse of power and a disregard for rights guaranteed in the U.S. Constitution.

  4. neighhay says:

    correction/question: It seems IDOT would run IDOT number to access DOT records, not plates (which would be MVD?)

  5. neighhay says:

    P.S. IDOT’s legal counsel advises that FOIA does not apply to state but only to federal government .

  6. Psy Soc student review says:

    So what new news do you have of this? After talking with a former Neighbor of Mr. Wiegand I have found out this.

    1. He was let go of his position
    2. There was union reps, government officials and mediation brought into the investigation on the firing of officer Wiegand
    3. Officer Wiegand was found to be wrongfully terminated. It was found to be politically motivated.

    So from my understanding he took a fall for the department that never wants to give any of us answers. I have not been able to receive anything but that he no longer works for the State of Iowa. This process with Officer Weigand took around 9 months to complete. Most was unpaid. For him to be found innocent and doing his job justly he had to go through a more indepth investigation than what would have been done in a court hearing. Politically motivated termination, means that the state understood there was not wrong doing for his actions, but wanted us to be back off of them and let things cool down. He was a marked man regardless of wrong doing. I had a friend check into the National Police Officers Association list of officers. Officer Wiegand was a member for 11 years. He no longer is a member. With these accusations that were found false by the same state the issued his termination he will never be an officer of the law again.

    From my understanding it cost us all quite a bit of money for this entire process. The investigations , the research. When officer Wiegand was found innocent there was an extremely large amount of back pay on wrongfully terminated money that was given to him.

    This may be fabricated, It may not be. For certain Officer Wiegand does not work for the State of Iowa. If it is fabricated, I am happy to know he can not do this anymore. If it is not fabricated I feel for this officer. He lost his career and livelihood. Not one of us were with him on these stops. With the couple in Mt.Pleasant she has been involved with a book, and group that only believes in local jurisdictions and not in state and federal controls. That has lost quite a bit of credibility with me.

    Research has shown that 20 years after incidents like this that victims of situations like this 85% of the time admit to lying about incidents that have lead to termination of an official. Why, because they were upset of a situation, did not tell the full accounts of their behavior or circumstances, or did not include the entire story when telling others. Then a snowball effect happens and ruins careers and lives of others.

    I am a student at the University of Iowa. This was a case of topic brought to light durring discussions and debate. After hours of research I have received as much from the state as you have. But interviewing other officers, neighbors, friends, colleagues, It seems the same story prevails.

    This is the conclusion of a totally neutral independent investigation. We could not gather all of the evidence, quite needed for a full fact debate. But with what information has been gathered, psychological, sociological, and second hand witnesses the best we could receive we truly belive he is innocent, and there were facts missing from the accounts to lead to what did or might have happened.

    The Student to Class review Debate class of Psychological and Sociological affects of our future

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