ODIN Tyr Cruz Garces has requested the Superior Court to dismiss the traffic ticket issued to him after another person was seen clinging to the side of the car he was driving.
Garces, represented by attorney Viola Alepuyo, filed a motion to dismiss the traffic case on Aug. 19.
According to the motion, Garces was driving a white Kia Sportage behind the fire station in Garapan traveling north on Royal Palm Avenue at about 3:17 a.m. on March 17, 2024.
Police Officer Vince Magofna was traveling west on Micro Beach Road when he saw a human silhouette clinging onto the Sportage as it was moving.
The silhouette belonged to a male who then got off the driver’s door and walked toward the parking lot of American Memorial Park.
The Sportage entered the AMP parking lot and stopped in a space facing south.
Officer Magofna drove toward the area, activated his emergency lights and parked behind the Sportage.
Officer Magofna subsequently issued a citation alleging, among other charges, that Garces violated 9 CMC §5753, which states: “No person riding upon any bicycle, moped, coaster, roller skates, sled or toy vehicle may attach the same or himself or herself to any vehicle upon a highway.”
According to Alepuyo, “Clearly, this statute can only be violated by a person who is not the driver of the moving vehicle. Mr. Garces was driving the vehicle, the Sportage, on a public road when Officer Magofna saw him through his side mirror.”
“The ‘male’ who was clinging onto Mr. Garces’ vehicle is the person who this statute is addressed to,” Alepuyo added.
“Therefore, the plain reading of the statute mandates that Officer Magofna should have issued the citation for violation of 9 CMC §5753 to the male he saw clinging onto the Sportage, not Mr. Garces. As such, the Court should dismiss with prejudice the charge of 9 CMC §5753 against Mr. Garces.”
No information about the male was available as of press time Sunday evening.
