From the ArcaMax Publishing, Automotive Newsletter:
http://www.arcamax.com/news/automotive/s-567606-112299
It's more likely than it's probably ever been you'll get pulled over
by a cop at some point in the near future. Not only are there more
penny-ante laws and violations on the books than ever, state and local
governments are dealing with major cash flow problems, just like the
rest of us. They can't raise taxes directly; that would spark a revolt
of the masses at this point. But they can turn loose the cops - whose
ticket books and radar guns serve as a very effective means of
indirect taxation.
So, first, be on the alert. Second, be prepared. Do you know how to
handle yourself during a traffic stop? How you behave can be the key
factor that determines whether you can successfully beat the ticket
later on - or maybe (if you're really lucky) get off with a warning
right now.
Pull over the right way - Yes, there is a definite right way to
pull over during a traffic stop. When the cop turns on his lights, you
should immediately slow the vehicle and put your turn signal on. Then
pull off the road - to a shoulder or side street - as quickly as
possible. Do not stop in the middle of the road. The idea is to park
your car so it's out of the way of traffic - which makes the stop
safer for the cop. Which makes him happy. Which is good policy,
because aggravating the cop - or conveying the impression that you're
an addled idiot - will not help you.
Next, put the car in Park, shut down the engine, turn on the hazard
blinkers and turn on the interior light (if it's dark outside). Put
both hands on the top of the steering wheel and sit quietly. Do not
root around for stuff. Again, the idea here is to make the cop feel
safe by conveying the impression that you're an Honest Joe or Jane -
and not some thug.
Important: If you have a concealed handgun permit, keep it with your
driver's license (a paper clip works well). Do not reach for or
produce your weapon. When the cop comes to your window, hand him your
license and your permit and tell him, "Officer, I have a concealed
carry permit." If you are carrying a weapon or have one in the
vehicle, tell him exactly where it is but do not reach for it.
Usually, cops relax around CWP holders because CWP holders are by
definition not criminals (having undergone state and federal
background checks) and rarely cause trouble. But it's very important
to let the cop know you have the CWP before he discovers you have a
gun on you.
Be polite and cooperative but not talkative - The cop is not
your friend. Remember this. He is there to give you a ticket and
anything you say can and will be sued against you in court. The cop is
taking notes and trained to ask you leading and entrapping questions,
such as "Do you know how fast you were going"? To which, you should
reply along the lines of "I'm sure you have an opinion, officer."
Never incriminate yourself - unless you feel you did do something
wrong and want to pay the fine. It's best to keep the conversation as
short, sweet - and forgettable - as possible. If you are
confrontational or sarcastic, not only will the cop remember you, he
is much more motivated to see you're convicted. If, on the other hand,
you're remembered as a nice, polite, cooperative person, the cop is
more likely to not object come court time when the judge considers a
reduced charge or "driving school" to nix the ticket.
Take notes yourself - If you are going to contest the ticket,
you should be prepared to present facts in court - or have facts to
give your attorney. For example, was the speed limit sign clearly
posted? If it was obscured by a leafy tree, and you can show this in
court (keeping a small disposable camera with you in the car for this
purpose is a smart idea) that is an objective fact that may just get
you out of the ticket. Etc. You want to record and keep track of any
fact that either puts into question the offense you've been charged
with or which serves as what they call in legal lingo a mitigating
circumstance - such as the fact that you were rushing your pregnant
wife to the emergency room.
At court, unless you have a driving record peppered with previous
violations, you can almost always get the judge/commonwealth's
attorney to agree to a lesser charge, or even a reduced charge - or to
drop the moving violation in return for agreeing to attend one of
those day-long DMV driving schools many states offer. The main thing
they want is your money; the main thing you want to avoid is "points"
on your driver's record, because they can lead to hiked insurance
costs for several years vs. the one-time hit of a fine.
At court is the time to talk, incidentally - to explain to the judge,
as nicely and politely as you can, why you did "x" - and that you're
very sorry about it and it won't happen again and that you'd really
appreciate being able to avoid the DMV points but are happy to pay a
fine or go to driving school. Dress in nice clothes and appear clean
cut and responsible. It's groveling and it sucks - but it does work
and if it gets you out of the points, it's worth it.
This approach usually yields better results than actually denying the
charge outright and trying to fight it - which you should never
attempt yourself, by the way. The system is designed by and for
lawyers - and unless you are one yourself, you will almost certainly
hear the words, "guilty - fines and costs" - before you can get three
words of your own out.
If you want to fight a traffic ticket head-on, get an experienced
traffic attorney and let him earn his fee.
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www.ericpetersautos.com or EPeters952@aol.com for
comments.