Traffic court appeal?

[BK911]

So I am driving home from a buddy’s house about 3am. Nobody is on the road except me. I am probably doing about 35 in a 30. In my rearview I see a car at an extremely high rate of speed catching up to me pretty quick and before I know it he is right on my bumper. So close that I can’t even see his headlights. I am on a one lane road and about ¼ mile ahead the road gains another lane. I don’t know what this dudes problem is, so I speed up a little to get to the two lanes so I can get out of his way. As soon as the 2nd lane appears, I get in the right lane to let this butthead go around me. He doesn’t and stays right on my bumper. I get a red light and have the chance to get a look at this guy. It’s a cop. As soon as the light turns green I go and he pulls me over. He ends up giving me a "break" and gives me a ticket for “failure to obey a traffic control device – speed limit sign.” $40 fine and no points. I explain to him that the only reason I sped up was to get out of his way. No luck, I still get the ticket.

$40 is no big deal, but it’s the principle of the thing. I take it to court and explain exactly what happened to this so called “judge.” The judge, in his infinite wisdom, ends up giving me a $220 fine and an order to attend an 8 hour defensive driving class. I find it ironic that I have to take a defensive driving course because I was trying to avoid a conflict.

Of course I am completely baffled by the judge’s complete lack of reason and am considering appealing his decision. I feel I was almost coerced into breaking the law by the police officer. I felt my safety was at risk so I was trying to avoid conflict by getting out of the way of a potential belligerent drunk driver.

In hind sight I should have just paid the $40 but it’s too late now. If I appeal it, will hind sight tell me I should have just paid the $220 and attended the traffic school?

The guy before me was about 60 years old and was there for a 30 in a 25. It was his first offense ever. The judge gave him the full fine and ordered he attend the traffic school as well. I am considering doing an investigation on the judge to see if I can inconvenience his life somehow.

What can I do? What should I do?

[HardDrive]

Pay the fine. Move on.

[TerryH]

Wow, they stuck it to you. I would be furious too. I think that's why Paris dropped her appeal, because they can backfire. If you appeal the $220, it could keep getting worse. Unless you have a pro bono attorney in the family, best chalk it up as a learning/life experience.

[genrex]

They do that here in Seattle all the time. It's all done on purpose. Perfectly-coordinated legalized extortion. If you're out on the road in the wee hours of the morning, and there's nobody on the road except you, then you are a target for their scam. It could have been much worse. Try to stay off the roads during those hours; in my opinion, it's all you can do.

[CRH911S]

There's an old saying, "Be careful what you ask for, you just might get it."

[on-ramp]

If you appeal, the next judge will you give an even bigger fine. LOL.

The system is not in place to serve and protect you . It is in place to **** you. To raise money for the sleazy politicians.

sorry for what happened. Just write it off ...if you can.

One time I was driving home late at night from a movie theatre... At the time I was driving a POS Nissan 300zx, my alternator suddenly gave way and I lost my headlights....

keep in mind, I was 15 minutes from my house, it was 1 in the morning, I was just trying to get home....with no headlights.. so i get pulled over by a cruiser... to make a long story short I was FINED $50 for "defective equipment".. wtf!
I appealed it but nothing.

I lost my headlights and I was trying to make it home, and I get fined for "defective equipment". haha

here's the deal, sometimes no matter how right you are, the harder you fight, the more unreasonable the system is.. why? they have the money/power. YOU are just the sucker taxpayer with no rights.

[BK911]

Yup, you guys are pretty much telling me what I thought. I guess this was more of a vent. The worst part is there is NOTHING I can do. I just feel so helpless. No vasoline, no reach around, nothing, just right up the ole keister.

Orlando has one of the highest crime rates in the country, yet there is a traffic cop in almost every bush. "Help, somebody is getting mugged!" "Uh, sorry, but this guy is doing 31 in a 25."

I think I will take the '73 to the defensive driving school. I hope there is some driving there and it's not all classroom. "You have to manuever through the cones without hitting any." "Ok, who's doing the timing?"

[on-ramp]

Your "defensive driving school" will show you how to "defend" yourself from tail-gaters....by speeding away from them!

[Noah930]

I'd write the newspaper, too. Include the judge's name, as well as the police officer's. Let their friends know that they're pr!cks. Any politician friends? Heck, write your congressperson. Of course, in your town you'll have to drive the letter of the law for the rest of your life.

[Porsche-O-Phile]

You're trying to impose logic on a system that is all about feeding egos and government coffers - not necessarily in that order.

It's about the money, stupid. Let it go.

[competentone]

Originally posted by Noah930
I'd write the newspaper, too. Include the judge's name, as well as the police officer's. Let their friends know that they're pr!cks. Any politician friends? Heck, write your congressperson. Of course, in your town you'll have to drive the letter of the law for the rest of your life.

Was the police officer present at court? What did he say to the judge? I assume the officer's testimony must have significantly contradicted your description here for the judge to impose a higher fine.

If you appeal the issue (if you can) and if the officer's testimony will be required during the appeal:

Write a letter, explaining what happened as you've explained here, and send it to the police officer. Tell the officer that you are going to send the letter to his department requesting that it be made part of his permanent record -- you are concerned that his driving behavior (tail gating) indicates he is a potential threat to public safety.

If the police officer doesn't show up for your appeal, the ticket should be dropped.

[speedracing944]

I vote writing the paper and stating the facts and only the facts. Heck I would even make some flyers and post then around town.

Speedy

[BK911]

I like the idea of the paper and writing the letter. And again, it isn't about the money. I will GLADLY spend more elsewhere, as long as none of it goes to the system.

The cop simply stated he paced me doing 45, and that I told him I sped up because he was on my bumper. The judge then changed my charge from failure to obey a traffic control device to speeding.

I have two months to pay and attend the school. I will try the letter and the paper and see what happens. If I hit a wall in a couple of weeks then I will pony up the cash and go to school. :-(

Thanks for the help. We'll see how it goes.

[BK911]

And in case anybody is curious about my driving record:

15+ years of driving in MD I got about 5 tickets.
5 years in FL I've gotten 4 tickets. (2) for 30 in a 25, (1) for 70 in a 65 on the interstate and this one. I guess no state taxes has it's price afterall.

[TerryH]

Originally posted by BK911
And in case anybody is curious about my driving record:

15+ years of driving in MD I got about 5 tickets.
5 years in FL I've gotten 4 tickets. (2) for 30 in a 25, (1) for 70 in a 65 on the interstate and this one. I guess no state taxes has it's price afterall.

Well, don't offer your record as evidence of good driving or a victim of bad luck. Getting 9 tickets in 20 years means you're doing something wrong.

[BK911]

Originally posted by TerryH
Well, don't offer your record as evidence of good driving or a victim of bad luck. Getting 9 tickets in 20 years means you're doing something wrong.

I never said I have a perfect record, but I don’t think it’s that bad. Are you sure you’re not a judge? In a black and white world I would say I have a pretty bad driving record. But where there are shades of grey, I would think getting tickets for 5 over shows I do not speed. Especially in FL where there is a cop behind every bush. I go through a couple of speed traps a week. 5 mph could be speedo calibration, taking your eyes off your speedo and looking at the road for a second, going down a hill, etc… After my second ticket for 30 in a 25, I actually spent more time looking at the speedo than the road. I see a cop I hit my brakes, regardless how fast I am going. I’d say both these learned behaviors are more dangerous than 5 over the speed limit.

I know, poor me.

I am glad you posted your opinion. It proves not everybody thinks the way I do. Personally I think they were all bull$hit tickets, but I am sure many others think the way you do. Obviously the judge did.

I am also thinking the sooner I pay this fine and attend the traffic school, the sooner I can get over it. Nah, where's the fun in that!

[TerryH]

Wasn't my intention to judge you, but rather play devils advocate. If you get reporters/newspapers involved, the first thing they are going to do is look at your driving record. Who is going to fight your fight if they think you were due for your next ticket anyway? I'm just saying if you had gone 5 years since getting a ticket, it would make your case look better.

[Jeff Higgins]

I simply cannot believe how many of you are telling BK911 to just roll over on this. This attitude is precisely why we are now being treated this way. These publicly employed thieves would like nothing more than to see all of us just lining up like sheep for the fleecing.

At what point do we collectively reach the breaking point and say enough is enough? It is well past time to reform this whole traffic law system; it is unjust and unconstitutional. It will continue to be so as long as we let it.

[MRM]

The reason people are telling BK911 to move on is because it is the best advice. He didn't roll over, he defended himself and lost. He shouldn't have lost, but he did. Not the first and won't be the last time that happens to someone in court. The issues on appeal are more complex and less favorable than they were at the original trial. Deciding not to throw good money after bad isn't the same as telling someone to roll over.

[on-ramp]

Originally posted by Jeff Higgins
I simply cannot believe how many of you are telling BK911 to just roll over on this. This attitude is precisely why we are now being treated this way. These publicly employed thieves would like nothing more than to see all of us just lining up like sheep for the fleecing.

At what point do we collectively reach the breaking point and say enough is enough? It is well past time to reform this whole traffic law system; it is unjust and unconstitutional. It will continue to be so as long as we let it.

Jeff, you are absolutely correct. We as tax-paying citizens put these servants in place to do a job. When they betray our trust, when they use their power as a fund-raising tool, it is our obligation to stand up and fight them.