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Almost everyone who drives has gotten a ticket or two, at least
for parking. And it seems that everyone also has a story or two
about the unfairness of a traffic ticket or the injustice of a traffic
court. So ubiquitous are the stories one is tempted to suggest that
the system can't be too unfair if everyone's been treated alike!
But there are reasons why so many of us feel aggrieved, and there
are also ways to minimize the damage and maximize the humor in our
next ticket stories.
Here are three reasons why the traffic enforcement system often
seems unfair.
- Selective enforcement. Almost all traffic violations
go unpunished. On many roads a majority of drivers technically
are "speeding." High percentages of right turns at stop
signs and red lights are made without complete stops. Running
yellow (red) lights, failing to signal lane changes, following
too close, etc. Violations are so frequent and punishment so sporadic
that "why pick on me?" or "why this time?"
is a natural reaction. It has also been demonstrated that some
cars and some people are more likely to get stopped for certain
violations. One can argue that a tougher standard for new drivers
is a good idea, but it's easy to see why young people might disagree.
- Profit motive. In some areas traffic fines, particularly
for parking, are a recognized source of municipal finance. This
can lead police to concentrate enforcement efforts on overtime
parking at meters instead of double parking that blocks traffic.
Drivers often feel that police should concentrate on "preventing
crime" rather than issuing tickets. Concern about the cost
of judges and courtrooms means that no one wants a full blown
trial on every matter. Most systems make it tempting to pay the
fine and avoid a hearing even if the ticket was unfair. It can
be costly, in time and aggravation if not money, to have your
"day in court."
- Subjective judgment. Even reasonable people can differ
about standards such as "too fast" or "too close"
or the distance to an intersection. When the difference in judgment
results in one person imposing a fine on another, hard feelings
are inevitable. One of the useful things about court dates set
far in advance is that they give people plenty of time to cool
off.
Just understanding the problems is sometimes enough, but here are
some practical pointers that may help as well:
- Know what's at stake. Drunk driving is a serious offense.
Nobody takes it lightly anymore. Loss of license is also serious.
Tickets issued in conjunction with an accident may affect the
outcome of injury cases. Violations may increase your insurance
rates. The more serious the stakes the more likely you should
defend yourself. Don't avoid a court appearance (if you can) because
of fear or inconvenience if the matter is serious. But think twice
before making an appearance in a minor matter if you don't have
a good defense. Traffic court judges don't like to have their
time wasted.
- Consult a lawyer. No one with a legal services plan should
hesitate to call a lawyer to see whether a court appearance is
warranted, to learn what the procedures are, or to get advice
about preparing a defense. Use the expert help you have available.
- Learn, Investigate, Prepare. If you decide to (or have
to) appear in court, make the best of it. Learn how the court
works, what the judge likes and doesn't, and what the law says
about your violation. Do any measurements, drawings or other homework
that might help you. Organize your presentation. Rehearse your
arguments. Be prepared.
- Remember that perfect justice is not available from human
judges or systems. Mistakes happen, injustices are done. The
law cannot right every wrong. You may be wrong. Sometimes the
lesson is to learn to forget. Or ignore. Or grin and bear it.
Source: National Resource Center for Consumers of Legal Services.
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