On October 8th, 2006, I was pulled over for speeding on a main street in Abcde.
It was 8pm and I was zooming south on A Street. As I crossed C Street, I spotted two motorcycle cops waiting at the intersection, watching me cruise by.
My theory and behavior has changed in the last few years: When I was caught speeding in the past, I used to continue at the same speed, not wanting to show my brake lights for fear that I would be "admitting wrongdoing" by slowing down. Sometime around 4 years ago I changed tactics, deciding that it was better to react to the presence of a police officer than it was to ignore him or her.
What I am trying to say is that when I saw the cops, I hit the brakes, which had the unfortunate effect of making skidding noise as I crossed in front of them.
One policeman came my way behind me on a motorcycle. Flashing lights on and I pulled onto a side street and shut the car off.
He came up to the window and asked for my license and registration. I handed them over.
I got a ticket for speeding showing I was traveling about 45mph in a 30mph zone.
The court date was November 15th, so I marked my calendar. Missing court date is worse than missing flights. In the hours and days after I got the ticket, I fretted and grumbled about getting caught speeding. Based upon my suspicions that I could beat this ticket, and that I could write an interesting story about it, I decided to take it to trial.
On November 15th, I arrived at 9am and sat in the courtroom, in the audience area. There were about 90 seats with about 30 people in them. This was the 9:30am group.
Most of the people pled guilty with some excuse or concern, and asked for the chance to go to traffic school. Signing up for traffic school does not lower your fine, but it is a desirable option because it will keep the violation off of your driving record.
When it was my turn I pled not guilty and like those before me was told to speak to an assistant District attorney in the corridor next to the courtroom. In the corridor, I was immediately met by a man about my age. He reminded me that I could have a trial if I wished, but offered me a deal: If I pled guilty, he would reduce the fine, but I wouldn't be eligible for traffic school. I told him I was leaning towards a trial. He motioned me back to a seat in the front of the courtroom. In a few minutes I had set a court date for December 27th at 9:30am. They gave me a little yellow note. Traffic court likes yellow paperwork. I left.
Immediately, I drove down to the scene of the citation: A Street and C. I thought that if I could describe my driving as safe, I could put doubt in the judge's mind and win the case. A Street is a 3-lane one-way artery into the heart of downtown. I walked along the street and looked for the 30 mph speed limit sign. I couldn't find one! I walked up the street 4 blocks and came back empty. There was no speed limit sign!
I took a photo of the road to help illustrate the width (and safety) of a 3-lane road and got back into my car. I circled around and drove back down A Street. I kept my eyes peeled for a speed limit sign and this time I spotted it--- Speed Limit 30.
I was nervous about my court date. I think anyone would be. When people talk about going to court, they always mention that if the ticketing officer doesn't show up for the trial, your case is dismissed. I was hoping for this, but I wasn't counting on it. I wanted to be prepared to offer some proof of innocence or defense of my actions.
I didn't find it that day, but in the next few days I noticed B Street marked with higher speed limits, where three lanes travel in each direction and the limit is posted at 45 mph. How could A be unsafe at 45mph while B was not? I printed photos of both streets to present as evidence.
On December 27th I arrived at the Court. Before the trial I sat in the hallway with one of my fellow defendants, an Indian-American guy was accused of traveling in a carpool lane freeway onramp. He explained that with his large truck, it could be difficult to merge safely, so he used the carpool lane and got busted. His ticket was for $500.
First, the ticketing officer would give his version of what happened. Then it was the defendant's turn to question the officer. After asking the officer questions, the defendant could then state his side of the story. Next, the officer is given a chance to refute that information, then it goes back to the defendant. I guess it could go back and forth quite a few times. When they are done talking the judge is the one who decides the case.
When the judge got to my case, my ticketing officer did not respond, so I breathed a sigh of relief. The judge addressed me directly, "Mr. X, it is 9:45am and your ticketing officer has not appeared. Your case is dismissed. You are free to go."
"Whoo hoo!" I thought to myself. For a moment, I considered waiting to see what happened in the rest of the cases, but quickly regained my senses and got out of there.
Close on my heels was my Indian carpool-lane friend. His officer hadn't shown up either, saving him $500. We gave each other a high-five, smiling and pumping our fists.
"I scheduled my trial for early in the morning", he bragged, "Because I knew my officer worked in the night time!" I laughed, "Me too!"
I don't know how my trial would have turned out if my ticketing officer had appeared that day. I was very happy to get the whole thing over with no mark on my driving record.
Courtroom Summary: The arraignment judge did not lower anyone's fine for simply showing up in person, so you might as well just send the money if you are going to plead guilty anyway. If you want a lower fine, you are going to have to fight for it by refusing guilt until the DA offers you a smaller fine. If you feel you aren't guilty, read the law you are accused of breaking and prepare a case. I don't know for sure, but I believe an officer is less likely to show up if he thinks you could win. Good luck.
