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Consumer Corner


Consumer Corner

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.

  1. 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.
  2. 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."
  3. 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:

  1. 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.
  2. 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.
  3. 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.
  4. 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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