A Ticket to Fight
October 1, 2005
On January 1st, 2005, I was pulled over for speeding. I was not happy about this. Here is my lone, attorneyless attempt at fighting it.
January 1st, 2005: I was travelling at 81 mph on the I-5. I did not see a police bike on the side of the freeway until he lit his jolly old lights up and came after me. I pulled over. He did not let me off.
Mid-January, 2005: I drive to my post office mailbox and receive a letter from the Superior Court of San Diego stating that I can pay $450 which will help fund the CHP’s luxary vehicles and avoid going to court. I can also attend traffic school. I could pay and get it all over with and suffer the cost plus a point. I could also fight it and waste lots of time in court. I could even get an attorney for $500, but then be paying more than the ticket itself just to avoid a point. I’m not sure what do, so I decide to drown the thoughts away with some vodka on the drive home.
March 2nd, 2005: I realize my court date is soon. I check. It is tomorrow. I’m 100+ miles away from the court and realize that I do not really want to drive that far to go to court. I also don’t want to pay $450. I look at my options…in a previous traffic case, I had an attorney appear for me. Too expensive. $450, also too expensive. I investigate other options. I call the court and ask for a one-time, 30-day continuance. They give me another 30 days before I have to appear. Sweet.
April 2nd, 2005: I realize my court date is soon. I check. It is tomorrow. I call the court and ask for a one-time, 30-day continuance. They tell me I have already asked for that. I yell slurs into the cell-phone. Well, I slurred into the cell-phone. I hangup and drink some more until I get distracted by the light turning green.
Later that day: I relize my court date is soon. I check. Shoot, I already did all of this. I realize I still do not want to go to court. In fact, if I go to court, I would have to wait for hours just to say “not guilty”, at which point I arrange ANOTHER date to go back and defend myself with the other officer present, and waste more time. I begin investigating other methods of not paying and not appearing in court. I would really prefer to just find a way to get paid $450 for discovering a loophole where you get paid $450. I take another sip. I search some more, ask around, and voila! I type, print and mail a Written Not Guilty Plea. No court necessary.
Mid-April, 2005: I get a letter in the mail with a Request for Trial by Written Decleration. Again, no need to appear. I am pleased. All I have to do is convince the court that it was perfectly legal for me to speed…I can have my dreams. I send my trial by written decleration. It goes a little like this:
I respectfully submit this written declaration to the Court pursuant to CVC 40902. I plead Not Guilty to the charge of violating CVC 22406(b).The facts of my case are as follows: While driving northbound on Interstate 5, just north of Poinsettia Lane, at around 10:45 AM on 1-1-05, I was stopped by CHP Officer *** (I.D.#***) and charged with violating CVC 22406(b) for traveling at a speed of 81 mph. I do not deny traveling at this speed but submit that my citation should be dismissed, as my speed was necessary in compliance with the Basic Speed Law and the Minimum Speed Law.
The traffic was light ahead of me, heavy for a short distance behind me, and moving at an average speed of 80 mph. At first, I tried to obey the posted maximum, even though the other vehicles were going 10-15 mph faster. Due to the heavy, fast moving traffic, I was constantly being tailgated and was almost rear-ended by several cars. My attempt to obey the letter of the law by maintaining a lower speed was causing a hazardous situation for myself and others.
CVC 22400, “The Minimum Speed Law,” requires that “No person shall drive upon a highway at such a slow speed as to impede or block the normal and reasonable movement of traffic….” By driving slower, I was certainly impeding the normal flow of traffic: 80 mph at the time of my stop. In this situation, it was safer to obey the Minimum Speed Law, by matching my speed to the traffic flow, then to follow the Maximum Speed Law and cause a hazard by driving at 65 mph or slower.
The Basic Speed Law, CVC 22350, states: “No person shall drive a vehicle upon a highway at a speed greater than is reasonable or prudent having due regard for weather, visibility, the traffic on, and the surface and width of the highway, and in no event at a speed which endangers the safety of persons or property.” If traffic is moving at 81 mph, it is not safe to drive 15-20 mph slower than this speed. To match the speed of traffic in this situation does violate the Maximum Speed Law. However, my situation required me to travel above the posted maximum to obey the Basic Speed Law and to avoid being rear-ended by faster moving traffic.
Where I was stopped, Interstate 5 is a well-maintained multi-lane freeway, quite safe to travel on at a speed above the maximum limit with favorable weather and road conditions, such as on that clear, Saturday morning. Since I was required for safety to accelerate to match the speed of traffic, I contest that my speed was reasonable and prudent pursuant to the Basic Speed Law and Minimum Speed Law.
I trust in the Court’s fairness in this matter and believe that my citation should be dismissed in the interest of justice.
If the court does not find in my favor in this case, I request a fine reduction and a Court assignment to attend traffic school. I have already verified that I am eligible to receive traffic school.
Mid-June, 2005: I lost the case and paid the fine. No loss, same fine, but never had to step into court. Maybe next time.
October, 2005: So I’ve been clean (no tickets) for over 9 months. My insurance payment on my SUV is $500/mo for base coverage. Don’t ever get tickets. However, they do get removed after 3 years. My youthful years will soon be over and the points will be gone, leaving me with a mature driving record (and nothing else) and less costly insurance. And then I’ll probably do something pretty stupid.
