PastorDave Goes To Traffic Court....And Wins!
Back around the first of December I received a traffic ticket for slow-rolling a stop sign. Here's a link to that post:
http://pastordave.tblog.com/post/1969845603" title="http://pastordave.tblog.com/post/1969845603" target="_blank"http://pastordave.tblog.com/p...
My arraignment hearing was in mid-January. There were several hundred of us who sat and awaited our respective turns with the DA. He offered to me a plea bargain. If I would plead guilty and pay the $96 fine, then no points would be taken from my driving record. That's significant, because who wants to pay higher insurance premiums? But I told him I was not guilty, and would he consider just dropping the charges? He laughed. Later I stood before the Judge and entered a “Not Guilty” plea. I was offered a jury trial, but thought that would be a ridiculous waste of the taxpayers time and money. A Judge would suffice. My court date was set for today.
I have a friend who was a traffic cop in this area for twelve years. He told me that, in all of his appearances in traffic court, he had never seen a charge reversed. He told me I did not have a chance. As a matter of fact, every person I talked with told me the same. It would be my word against the word of the officer, and the Judge would side with him everytime. Still, I plodded on.
Early this morning I went to the scene of the “crime” to take pictures. I verified to myself once again that the officer had an obstructed view of my car, and took pictures with which to prove such. Then at 9:00 a.m. I arrived in court. I intended to stand before the judge, with the officer across from me, and plead my case. I would tell them that I have the highest respect for an officer of the law (only sometimes that is true) and feel that this officer was earnest in his belief that I broke the law (incompetent would be a better term). In this particular case at this particular time, I believe there was human error (by a cowboy officer trying to write as many tickets as possible). He had an obstructed view (unless his great x-ray vision could see through 2 posts) and an obstructed focus, for he was also trying to direct the traffic of all the other ticketed drivers (zealous jerk). I felt that if I presented my case well, that justice would be very possible.
After sitting for about an hour, I was called back for a conference with the DA. Once again he offered the same plea bargain, and also offered to drop the seatbelt charge if I would just plead guilty. He pressured, and said this would be my last chance. I said I felt he was trying to intimidate me, and since I was innocent I would just take my chances. He seemed irritated, as did his two helpers.
Then in about 15 minutes I was called before the Judge. He asked where the accusing officer was at. The DA, in exasperation, said that he had been subpoenaed to court but did not appear. The Judge asked the DA if he was inclined to pursue the case, and he said no. The Judge asked what I wished to do. I've watched just enough of The People's Court to say “I move for dismissal.” The Judges said the magic words, “Case Dismissed.” I stood there for a second staring at him, and said with a smile, “Wow.” There was just a glint of humor in the Judge's eye.
I had been telling all of my detractors that I believed in our system of justice, that a man is innocent until proven guilty beyond a reasonable doubt. I told my son this officer is a citizen just like me, and has no right to pronounce my guilt.
It feels good to stay the course, and prevail. It feels good to prove my detractors wrong! And it feels mighty good to know the system works.
03.10.06 (6:52 pm) [
edit]
posted by:
surrogate (
reply)
post date:
03.10.06 (2:05 pm)
Good for you! Congrats!
posted by:
ScarlettGKPi (
reply)
post date:
03.10.06 (2:09 pm)
That is great! You were probably right in the first place. Good job!
posted by:
mimi (
reply)
post date:
03.10.06 (2:11 pm)
P-Dave!
You GO BABY!!!! I am so proud of you and so very impressed! I am grinning from ear to ear!!!!!!!!!!
xoxo
posted by:
KeysTreasures (
reply)
post date:
03.10.06 (2:37 pm)
Your perseverance paid off but... You didn't win your case. The prosecution witness didn't show up.
I always showed up, usually to the dismay of the violaters. (Still didn't win them all) If it was worth my time to ticket it was worth my time to testify. But then I never won any awards for the number of citations written.
posted by:
MidnightEpicure (
reply)
post date:
03.10.06 (7:02 pm)
yeah, i agree with keys, it sounds like you got off because the officer was lazy, and was relying on the fact that you were too. i think you just have good karma, and the man upstairs chose to let this one off as a warning.
posted by:
javageek (
reply)
post date:
03.10.06 (7:23 pm)
Bravo! I am all for paying my dues but I would like to think that I could get a fair shake as well. That is terrific!
posted by:
PastorDave (
reply)
post date:
03.11.06 (2:43 am)
Reply to: surrogate
Thanks my friend. For sure I could use the $150 better than they.
posted by:
PastorDave (
reply)
post date:
03.11.06 (2:45 am)
Reply to: ScarlettGKPi
Sometimes I am right, sometimes not. Time helps to clarify the matter. The more I considered the matter, the more sure I became that I did not deserve this ticket. And I do believe that, if you feel strongly that you are right about something, then you should live accordingly.
posted by:
PastorDave (
reply)
post date:
03.11.06 (2:47 am)
Reply to: mimi
When you say that, I picture Austin Powers screaming it our with a big smile, and then doing a little twist of a dance. Thanks.
posted by:
PastorDave (
reply)
post date:
03.11.06 (3:03 am)
Reply to: KeysTreasures
A former, or present-day, law enforcement officer?
This guy is a motorcycle cop. He is known well, around town, for his zealousness to give traffic tickets. In religious terms, he typifies for me one who is so agressive for the "letter of the law" that he sees no room for mercy, for gray areas. I struggle with that kind of person, especially when they accuse me of something I did not do. And especially when that person is going to cost me $150, lots of my time, and an increase in my auto insurance premiums. My supposed infraction was highly questionable. He made a definite decision with doubtful evidence. And I was prepared to plead my case, and win.
Now you say I did not win. The judge declared, "charges dismissed". I believe this means there was not sufficient evidence to even hold a trial to ascertain my possibility of guilt. I got to keep my $150. I got to tell my son that, if you believe in something strongly enough and refuse to unnecessarily compromise, then justice will often prevail. And this officer did not answer a subpoena, so he most likely will now have to answer to justice.
So, I'd say, I won. I've paid saveral traffic fines in my time, and all because law enforcement deserved to win. This feels satisfying.
posted by:
PastorDave (
reply)
post date:
03.11.06 (3:08 am)
Reply to: MidnightEpicure
Good karma? Perhaps. I did pray, not to win, but for justice to prevail. I feel God answered my prayer in a way I was not expecting.
I find it interesting that this cop, who is so zealous for the law that he will issue a citation for a questionable offense, is so cavalier about his responsibility toward the law that he will not show up for the trial. He does not respect the law or me enough to invest a couple of hours of his time on a Friday morning.
posted by:
PastorDave (
reply)
post date:
03.11.06 (3:10 am)
Reply to: javageek
If you get a ticket, at least show up for the arraignment hearing. There you can still plead guilty. But, around here at least, they seem to always offer some kind of compromise- usually if you will plead guilty and pay the fine, then they will not charge any points on your driving record. And that saves money.
posted by:
PastorDave (
reply)
post date:
03.11.06 (3:12 am)
Reply to: LadyG
You did not receive justice, but mercy! Keep praying, but I would not expect that answer again.
posted by:
tabootenente (
reply)
post date:
03.11.06 (4:53 am)
YEAH. UH-HUH. (does the butt dance with his boxers on his head).
yoodaman, father.
taboo
posted by:
tabootenente (
reply)
post date:
03.11.06 (4:55 am)
by the way, the other day on the news i noticed that they are giving tickets in austin texas for good driving.
yep. minor league baseball tickets. the officers pull you over, commend you for not breaking any road rules, and give you baseball tickets.
no joke.
taboo
posted by:
darksaber (
reply)
post date:
03.11.06 (4:55 am)
Court thrillers are always the best. Who's getting the movie rights?
-Revan
posted by:
ruined (
reply)
post date:
03.11.06 (7:09 am)
Go pastordave! It's your birthday!
Actually, it makes me wish I would have battled the seatbelt violation I suffered a few years back. I unfastened my belt before being completely stopped to let a sick passenger out of my backseat (it was a 2-door car). Grrrrr.
posted by:
ScubaDiva (
reply)
post date:
03.11.06 (8:12 am)
Actually, I *did* tell you to go for it. :) I was accused of speeding in south GA - when in fact it was my boss' similar white car that sped past but the officer pulled me over instead. (Company retreat)
The boss gave me the day off to drive down there. I sat in this tiny courtroom. The judge told me that if I pled guilty, he'd knock off 10mph on the ticket, that the officer was on the other side of the county and it'd take a while to get him there.
I replied "That's fine. I brought a book and I have the day off."
The judge heard the other cases. He wasn't a happy camper when he offered to drop it another 5mph.
So after every other single case was heard, he told me the case was dismissed. (I overheard that the officer wasn't even on duty that day)
I can't say that my experience with law enforcement officers has been very positive.
Nonetheless, I'm uber-glad you decided to fight the power!
posted by:
PastorDave (
reply)
post date:
03.11.06 (8:18 am)
Reply to: tabootenente
That sounds like a bad idea to me. I know well the heart pumping, nauseating, and angering emotions that come as you see the blue lights flashing in the rearview mirror. For the officer to walk up to my window and say, "Sir, I noticed you were going 60 in a 65 mile zone. here is a ticket....for a free Chick-fil-A sandwich." That would not make me happy.
posted by:
PastorDave (
reply)
post date:
03.11.06 (8:20 am)
Reply to: darksaber
Movie rights? Now that's an idea. Maybe "Brokeback Ticket" about a gay pastor who falls in love with the County prosecutor. It just might sell.
posted by:
PastorDave (
reply)
post date:
03.11.06 (8:23 am)
Reply to: ruined
Did you tell the story to the ticketing officer? I'm sure he was a motorcycle cop.
Around here, seatbelt violations are $15, with no points charged. But I'd still consider fighting it if I thought I was innocent.
This heightened demand for fairness in human encounters just keeps complicating my life.
posted by:
PastorDave (
reply)
post date:
03.11.06 (8:26 am)
Reply to: ScubaDiva
You are right, and I stand corrected.
Isn't it interesting how these prosecutors try to make you think they are doing you a favor by offering a reduced fine? With me, this guy knew the officer was not going to show. He was just trying to twist my arm.
Good for you to stick it out. You suspected the Judge was just "blowing smoke". These people forget they work for the public, they do not lord over the public.
posted by:
Fairmoon (
reply)
post date:
03.11.06 (11:05 am)
Yippee!!!!!!
posted by:
rcurry (
reply)
post date:
03.11.06 (11:07 am)
So, first off, congratulations on fighting on until the battle was one. Kudos.
Secondly, I'd like to tell you of my traffic infraction a few months ago. It has absolutely nothing to do with yours, and I was guilty as sin, but I thought I'd tell you the story anyway :)
I had been back from the war, upon completion of my first yearlong tour, for a couple months. I bought a new Jetta, with that nifty tiptronic auto/manual 6-speed transmission. It also had an inline-5, which was just that much better than the 4-cylinder Civic I relinquished to the wife.
Anyway, here it comes, I was running late for work one fine morning and I was somewhere in the area of 50mph in a 35 residential. There was a sneaky little motorcycle cop hiding between two parked cars, and as soon as I went passed him, I pulled over.
As he walked up to the car, he noticed my desert uniforms hanging up in the rear window (I had National Guard drill that previous weekend). He asked me if I was just heading out or if I was returning. I told him that I just got back.
So he hands me a pretty sizeable ticket/fine and says, this is classic, "Thanks for your service, have a nice day."
OH MY FREAKING GOD. Pardon my blasphemy. What a winner that guy was. I mean, I wasn't expecting to get out of tickets because of my foreign service, but I sure as hell wasn't expecting him to be a *expletive deleted* about it. Wow.
posted by:
ruined (
reply)
post date:
03.11.06 (7:06 pm)
Reply to: PastorDave
I did explain to the orificer... ahem... officer that is that my backseat passenger (who had just slammed two 2-liter Mountain Dews) was about to hurl in the back seat of my car. He didn't buy it (and thank goodness, the passenger did not get sick, after all). I was stuck with $45 for me not wearing my seatbelt and another $45 for the backseat passenger, who was under the age of 16 (in Michigan, passengers 16 and younger have to wear seatbelts, even in the back).
No points on my license, but I was out $90. A happy camper, I was not...
posted by:
carcinogen (
reply)
post date:
03.11.06 (7:55 pm)
Congrats. Sadly, on my one violation of traffic laws, I was indeed guilty. And when the officer pulled me over and asked "Is there any reason you were going [insane speed] in a [not insane speed zone], I said "Not any good ones." Fortunately, because of my (up until that point) spotless driving record, I was simply required to take a driving course. Nothing went on my record.
posted by:
graceshaker (
reply)
post date:
03.12.06 (11:58 am)
its great you got the case dismissed. i thot this scenario was simply an urban legend so ive always just paid my tickets. BUT NOT ANYMORE!
posted by:
funkadelichika (
reply)
post date:
03.12.06 (12:37 pm)
Good job! I'm glad to hear you didn't just plead guilty and pay the money. It is kinda sad that the officer didn't show up but even if he did I think you could have won you sounded pretty prepared.
posted by:
PastorDave (
reply)
post date:
03.12.06 (2:43 pm)
Reply to: Fairmoon
That's just how I felt. When the judge pronounced, "Case dismissed", I just stood there with my mouth open, and then said, "Wow!" He could see that I was quite pleased.
posted by:
PastorDave (
reply)
post date:
03.12.06 (2:48 pm)
Reply to: rcurry
Maybe he honestly wanted to thank you. I'd say there is a 5% chance of that. A motorcycle cop, I'd say he is a congenital and cocky jerk. They're probably not all such. The odds of being a nice guy and motorcycle cop are probably 5%.
I think the speed limits are often unrealistic. Probably no one on that road drives 35, and to do so may be an endangerment to self and others. So, whenever they like, they can post a cop and write as many tickets as needed to pay for the new officer's lounge. Seems unfair to me.
posted by:
PastorDave (
reply)
post date:
03.12.06 (2:49 pm)
Reply to: ruined
I think you were most guilty of having a moron for a passenger.
posted by:
PastorDave (
reply)
post date:
03.12.06 (2:50 pm)
Reply to: carcinogen
Hey, if I deserve a ticket, then I will grimace and pay it, and kick only myself (and perhaps the dog). Nice theat you were able to keep the point off your record.
posted by:
PastorDave (
reply)
post date:
03.12.06 (2:52 pm)
Reply to: graceshaker
Glad to be a source of inspiration to you. So, when you go to court and fight your next traffic ticket, and they proceed to double the fine and haul you away to jail, then you can really thank me.
posted by:
PastorDave (
reply)
post date:
03.12.06 (2:54 pm)
Reply to: funkadelichika
The challenge to compromise is there, quite strong. And If I had an inflexible job, then of course I would have had to just pay up. This guy did not show up because it was too much of an inconvenience to him. But not as much of an inconvenience as the time and stress he caused for me. I have the pleasure now of believing, by his not answering his subpoenae to court, that he will not answer to a judge. Sweet revenge. Would Jesus approve?
posted by:
Rand (
reply)
post date:
03.20.06 (8:20 am)
Congratulations Dave.. your are definitely Perry Mason!
