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Unsettling Incident On 153 - And Response (2)

  • Wednesday, July 16, 2025

Greetings Mayor Kelly,

I have attempted to also address this memo to Police Chief Chambers, but it appears that his email address is hidden from public view. At your convenience, please forward this document to his office. I have also included several local news bureaus in the event it is determined to be news worthy to their organization or the public.

On 07/15/25, I traveled to Chattanooga to purchase items from a local business. Upon the conclusion of my transaction, I proceeded to my residence in Altamont. I have only been in Chattanooga a few times and am not familiar with local roads and highways in the area. I use the Waze app to assist me as I navigate the area.

I was traveling S I-75 to the 153 heading towards the 27. I was traveling initially at the flow of traffic eventually making to the #1 lane on Highway 153. There was heavy truck traffic in the #2 lane and numerous vehicles were exiting the #3 lane at various off ramps.

At or about 1517 hours, I was on 153 when the Waze app advised that red light and speed enforcement cameras were ahead. I was approaching the Chickamauga Lake Bridge at the posted speed limit of 55 mph. I set my cruse control at that speed.

Suddenly a black SUV which appeared to be a Ford Explorer came up behind me and proceeded to tailgate me at what appeared to be about 10 feet from my rear bumper. I was driving my Gray Nissan Rogue. There were several semi-trucks traveling in the #2 lane at a speed below the speed in which driving. So I remained in the #1 lane.

The black SUV continued to tailgate even closer. After less that a mile I heard a siren. I immediately scanned my area to locate the source of the siren. No emergency vehicles were visible in my immediate area, but the SUV approached close enough that I could identify LED surface mounted lights normally used on emergency vehicles, but they were not illuminated. At a safe location, I pulled to the #2 lane to allow the vehicle to pass as its operation was clearly dangerous with its vehicular maneuvers. The vehicle passed me at a higher rated of speed. As the vehicle passed the vehicle operator proceeded to flip me off and continued to pass.

The driver appeared to be a white male. I would not be able to identify him further. I was able to see the plate TN #0807-GI. It appeared the be a government vehicle. The vehicle was not using emergency warning lights or siren.

At or about 1519, I dialed 911 to report the vehicle. I provided the call taker with a vehicle description, plate number and location of travel. I asked the call taker if the vehicle was in fact a government vehicle . She confirmed it and I requested the agency as I wanted to file a complaint. The call taker advised that it was registered to the Chattanooga Police Department. I asked to file a citizen complaint on vehicle operation. She indicated that her PSAP was at a Hamilton County multi-agency answering point and they couldn’t take that report. I asked to transfer my call to the correct agency. She indicated that she couldn’t but said she would give me the number to Internal Affairs. I said that I was driving and couldn’t write down the number. She texted the number to my phone.

I called the IA office at or about1422, but was sent to voice mail. At a convenient location I was able to locate the non-emergency number to report the actions. I called that number at or about1428, but that dispatcher indicated that they were a multi-department dispatch center and he couldn’t verify the vehicle was a CMPD vehicle because he didn’t have DMV access? He also indicated that he couldn’t provide further assistance other that creating an incident report.

After I returned home, at or about 1745 your time, I received a call from a female officer. I explained the situation. She indicated that she would contact her supervisor sergeant. And he would determine if it would be forwarded to the Internal Affairs office. I indicated that I had already called the IA office and left a voice mail. I thanked her for her response. I have not received any further contact.

I would like to file an official complaint indicating the following:

  • A vehicle registered to Chattanooga Police was traveling in a speeding and dangerous manner. Speeding and tailgating.
  • The vehicle operator used emergency warning equipment (siren) when in fact there was no emergency to simple expedite travel on 153.
  • The vehicle operator used a vulgar hand signal as he passed my vehicle.

I am willing to sign the complaint and sign it under the penalty of perjury. Any statement or finding other than what I have indicated above would be false or a lie. The actions of the vehicle operator were illegal and personally offensive to me. If I were to install emergency warning equipment on my personal vehicle to use when I drive to facilitate my travels it would certainly result in a citation or arrest. Why would this be any different?

My family and I hold law enforcement in the highest regards. I hope that this incident is not reflective of the operations of the Chattanooga Police

Bill Aviles

* * *

Mr Aviles, I appreciate your diligence in detailing the specifics of your experience, and you have clearly articulated how it has made you feel.

I agree that the officer was certainly not being professional nor representing our police force very well with his obscene hand gesture. That should not have happened.

However, in my opinion, you would not have had such an experience if you had been courteously observing the Tennessee State law section-55-8-204 known as the "slowpoke" law (details and link below).

https://law.justia.com/codes/tennessee/title-55/chapter-8/part-2/section-55-8-204/
Drivers in Hamilton County, Tennessee, are subject to the statewide "Slow Poke Law" (also known as the "Move Right Law" or left-lane law), which prohibits driving in the far-left lane (the passing lane) of multi-lane highways unless actively passing another vehicle. The law aims to keep traffic flowing smoothly on Tennessee roadways.
Here's a summary of the law as it applies to slow traffic in the fast lane:
Passing Lane Restrictions: On interstate and multi-lane divided highways with two or more lanes in each direction, the far-left lane is designated as the passing lane. Drivers should only use this lane when actively passing another vehicle.
Minimum Speed in Left Lane: On controlled-access highways with four or more lanes, it is illegal to drive in the left lane at a speed below 55 mph.
Exceptions: There are instances where driving in the left lane is allowed without passing, such as when it's unsafe to move over, due to weather, traffic control, obstructions, or when exiting or turning left. Emergency and maintenance vehicles are also exempt.
Penalties: Violating the Slow Poke Law is a Class C misdemeanor with a $50 fine. This violation does not add points to a driver's license. Additional citations, like speeding or driving too slowly, are also possible.

In addition, the reality is that NO ONE travels at the posted speed limit, especially not in the left lane of a 2 or 3 laned highway in Tennessee. Even traffic officers will tell you that you will never receive a citation for going 5-9 over in most conditions. To set the cruise on 55 in the left lane with no opportunity for those behind you to proceed past is a hazard in itself. The officer could have stopped you and cited you, but thankfully you were spared that consequence.

Maybe it is simply a matter of simple courtesy. Move over and let folks by who may not want to lock in at 55. You are welcome to do exactly that in the right/slow lanes anytime.

Being respectful of others is always a good thing. :) I wish the officer had adopted the same attitude as he passed you by. Maybe there's something for both sides to learn from this situation.

Just my two cents worth. And it's probably worth less than that nowadays.

Ross Turner

* * *

Regarding the letter from Mr. Bill Aviles about the traffic incident on Highway 153 and the response from Mr Ross Turner - Apologies to you, Mr. Aviles, for the inappropriate and dangerous behavior of an individual who appears to have been a law enforcement officer in Chattanooga. His actions are inexcusable and you are right to file a complaint about them.  I encourage you to be persistent as the "squeaky wheel" principle usually applies to complaints with city governments around here. 

Mr Turner, your response is dead wrong.  Placing the tailgating burden on a driver who is observing the speed limit is not the fault of that driver, but of the one who is doing the tailgating.  Tennessee Code Annotated 55-8-124 states that a "reasonable and prudent" distance must be maintained between a moving vehicle and the one in front of it.  It is never legal nor safe to tailgate anyone. Causing an accident and killing or injuring another driver or oneself is never the right option.

You are also wrong in your comment that "no one" drives within the speed limit.  You may routinely opt to exceed the posted limit but not everyone does that.  I make it a point to observe the speed limit on local and interstate roads.  Maybe it is you who routinely tailgates me in the right (slow) lane of Hixson Pike when I am driving at 40 mph in a 45 mph zone. If so, stop it. 

Tim McDonald
Opinion
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