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danielboy · 10-16-2003, 09:49 AM

Giving a fellow motorist the finger may be rude, but it's not necessarily a crime, an appeals court said in throwing out a man's conviction.

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Robert Lee Coggin, 34, was charged under an obscure state law that says it's a crime — disorderly conduct — to make an offensive gesture in a public place if it "tends to incite an immediate breach of the peace."

Last year, a jury found him guilty of disorderly conduct. He was fined $250.

In its ruling issued last Thursday, the 3rd Court of Appeals in Austin said that Coggin's gesture was crude, but evidence did not establish it could cause an immediate breach of the peace. It ordered that he be acquitted.

"It vindicates me," Coggin told the Houston Chronicle for Wednesday's editions. He has denied making the gesture, and spent $15,000 in legal fees to fight the conviction.

According to court records, in October 2001, Coggin was tailgating a car in Caldwell County, flashing his lights and motioning for the driver to move to the right lane. When the driver, John Pastrano, pulled over, Coggin allegedly raised his middle finger while passing.

Pastrano — who, as it happens, was a Caldwell County jailer — called 911, and Coggin was cited by police.

In a dissenting opinion, Chief Justice Kenneth Law wrote that "one must ignore the reality of modern life to not recognize that many instances of `road rage' begin in such a manner."

Calls seeking further comment placed to Coggin's lawyer, Donald T. Cheatham, and to Pastrano were not immediately returned Wednesday.

10-16-2003, 09:49 AM	#1 (permalink)
danielboy Tilted	Yay Texas!! Giving a fellow motorist the finger may be rude, but it's not necessarily a crime, an appeals court said in throwing out a man's conviction. _ Robert Lee Coggin, 34, was charged under an obscure state law that says it's a crime — disorderly conduct — to make an offensive gesture in a public place if it "tends to incite an immediate breach of the peace." Last year, a jury found him guilty of disorderly conduct. He was fined $250. In its ruling issued last Thursday, the 3rd Court of Appeals in Austin said that Coggin's gesture was crude, but evidence did not establish it could cause an immediate breach of the peace. It ordered that he be acquitted. "It vindicates me," Coggin told the Houston Chronicle for Wednesday's editions. He has denied making the gesture, and spent $15,000 in legal fees to fight the conviction. According to court records, in October 2001, Coggin was tailgating a car in Caldwell County, flashing his lights and motioning for the driver to move to the right lane. When the driver, John Pastrano, pulled over, Coggin allegedly raised his middle finger while passing. Pastrano — who, as it happens, was a Caldwell County jailer — called 911, and Coggin was cited by police. In a dissenting opinion, Chief Justice Kenneth Law wrote that "one must ignore the reality of modern life to not recognize that many instances of `road rage' begin in such a manner." Calls seeking further comment placed to Coggin's lawyer, Donald T. Cheatham, and to Pastrano were not immediately returned Wednesday.