Why is it that, when we drive, anyone driving slower than us is an idiot and anyone driving faster than us is insane? To most of us, speed limits are guidelines rather than actual hard and fast rules and as long as we’re staying with the traffic, we feel safe.
Back in the seventies they had a CB term called “the rocking chair position”. If you were drove between two cars, reasonably spaced behind you and in front of you, and all of you were speeding, than the person in the middle was safe. The theory was that a speed trap would catch only the front car and a police car waiting in ambush would likely only stop the rear car. Therefore the car in the middle, the “rocking chair position” was safe.
I have even seen drivers try to argue this in court, “Judge, I was going with the flow of traffic.” That argument has as much chance of succeeding as, “Officer, I was just trying to keep a safe distance between my car and the car in back of me.”
Here’s some general advice if you’re going to defend yourself in traffic court for a routine moving violation. This is not advice where you are facing significant penalties such as DUI, driving without a valid license, etc. When you are facing significant consequences you should always, always, always get an attorney.
First, if you’re going to fight a ticket realize that there is a low threshold of evidence to convict you. If it’s your word versus a police officer, than the presumption of the court is that you have as much credibility as Gary Busey on Red Bull.
When you are stopped for a ticket, limit your conversation with the officer. The officer will often make notes that he or she can use in court to refresh their recollection of your encounter. The more you say the more hooks you give for the officer’s memory.
Do your homework. If you’re going to fight a ticket, at least go to the library and look up the law. Your ticket should have the citation (an index to where the law is located in the books) somewhere written or filled in. Sometimes the valid defense can be found right in the reference materials.
Plan your presentation. Whether you are going in armed with the truth or you plan to fill your defense with mendacity, have a good presentation. Take pictures, use drawings and plan arguments. If the ticket is worth fighting, it’s worth fighting to win.
Also, don’t come to court looking like you’re auditioning for the cover of “High Times”. If you want to persuade a judge that you don’t belong in court then don’t look like you belong in court. Simple, but every other person in traffic court is dressed like Flavor Flav.
Finally, if you really want to go all out, you can ask for a jury trial. That will cost you a few bucks, but a jury of your peers may be more sympathetic than a judge. Ultimately, though, remember that there is a cost to fight your ticket. If you fight and lose it can cost you more money, go harder on your record, and ultimately not be worth it. Even if you win you may not change otherwise dangerous driving behaviors. After all, when you need to slow down your life is in your foot’s hands.
Back in the seventies they had a CB term called “the rocking chair position”. If you were drove between two cars, reasonably spaced behind you and in front of you, and all of you were speeding, than the person in the middle was safe. The theory was that a speed trap would catch only the front car and a police car waiting in ambush would likely only stop the rear car. Therefore the car in the middle, the “rocking chair position” was safe.
I have even seen drivers try to argue this in court, “Judge, I was going with the flow of traffic.” That argument has as much chance of succeeding as, “Officer, I was just trying to keep a safe distance between my car and the car in back of me.”
Here’s some general advice if you’re going to defend yourself in traffic court for a routine moving violation. This is not advice where you are facing significant penalties such as DUI, driving without a valid license, etc. When you are facing significant consequences you should always, always, always get an attorney.
First, if you’re going to fight a ticket realize that there is a low threshold of evidence to convict you. If it’s your word versus a police officer, than the presumption of the court is that you have as much credibility as Gary Busey on Red Bull.
When you are stopped for a ticket, limit your conversation with the officer. The officer will often make notes that he or she can use in court to refresh their recollection of your encounter. The more you say the more hooks you give for the officer’s memory.
Do your homework. If you’re going to fight a ticket, at least go to the library and look up the law. Your ticket should have the citation (an index to where the law is located in the books) somewhere written or filled in. Sometimes the valid defense can be found right in the reference materials.
Plan your presentation. Whether you are going in armed with the truth or you plan to fill your defense with mendacity, have a good presentation. Take pictures, use drawings and plan arguments. If the ticket is worth fighting, it’s worth fighting to win.
Also, don’t come to court looking like you’re auditioning for the cover of “High Times”. If you want to persuade a judge that you don’t belong in court then don’t look like you belong in court. Simple, but every other person in traffic court is dressed like Flavor Flav.
Finally, if you really want to go all out, you can ask for a jury trial. That will cost you a few bucks, but a jury of your peers may be more sympathetic than a judge. Ultimately, though, remember that there is a cost to fight your ticket. If you fight and lose it can cost you more money, go harder on your record, and ultimately not be worth it. Even if you win you may not change otherwise dangerous driving behaviors. After all, when you need to slow down your life is in your foot’s hands.
