If there were no poor folks, there would be no good lawyers.
—Charles Dickens
I get visitors tickets. Correction: I get a lot of visitors tickets. Probably more than you. Now, I don’t know what it is like to be a motorcyclist where you ride, but ’round these parts motorcyclists tend to break the law. If you own a motorcycle capable of law-breaking speeds, at some point, you are going to go law-breaking speeds. And so we get tickets.
Now, when you have a speeding ticket, you can go two approaches with it. You can just man (or woman) up and pay the factor, or you can, as they say in Silicon Valley, lawyer up and fight. The very first option is the respectable, laudable and honorable way to go, a way that shows you have been raised effectively and that you are a responsible, fully functioning and adult member of society. The second, nicely, it is complex.
Some of us have jobs that sort of demand us to break the law from time to time, or at least sort of push the boundaries of what’s legal. I have to test motorcycles to one thing like their overall performance limit – and nearly something larger than a 50cc scooter will go rapidly sufficient to break the law, and that signifies extra attention from Mr. Law.
David Brown’s book is useable to everyone in traffic court, from layman to lawyer. I’m on my fourth copy.
So I fight. I most likely get a lot more tickets than most people, but luckily, thanks to one particular of my previous lives, I know my way about a courtroom, so I constantly fight ’em. After you know how to do it, it ’s entertaining. Okay, possibly not enjoyable, but more exciting and easier than adjusting valves on an FZR600.
Here in California, we have an exciting strategy to criminal justice when it comes to traffic enforcement. In the late ’60s, too several folks have been demanding their appropriate to a jury trial for minor site visitors offenses (damn hippies!), so the legislature produced a new neither-fish-nor-fowl thing, the infraction. If you are charged with an infraction – most of the Automobile Code’s provisions are infractions now – you don’t have a right to a jury trial or to a court-appointed attorney. In return, you can’t go to jail, violate parole or have your license suspended from violating an infraction statute, and also you’re not supposed to spend much more than a $ 250 fine, though there are exceptions. It is all good and Constitutional, and it keeps courtrooms free so start off-ups can sue every single other far more.
I don’t hang out at the courthouse, but when I go for my own ticket (which is frequent), I do appreciate watching my fellow citizens botch their own defenses. When the old sage mentioned, “a man who is his own lawyer has a fool for a client,” he had no thought how goofy people could get. It seems to me that most people believe that as soon as the judge hears your side of the story, and understands that you just had to roll via that intersection, the kindly old man in the black robe will get all teary eyed, and because you so carefully explained your side of issues, will just dismiss your case. It may have for worked for OJ, but even if Johnnie Cochran was nonetheless alive (RIP), you couldn’t afford him.
But it will not perform for you. As Abbie Hoffman preached, to beat the Man, you have to discover his method and use it against him. If you have the dosh, spend an attorney to represent you – most of the time, you do not even have to go to court, and traffic attorneys can be surprisingly affordable. If you want to get all pro per, then you need to have to cease blowing up photographs of stop signs (“how am I expected to cease at an intersection if those willow trees obscure the cease sign, your honor? I couldn’t see a issue!”) and order a copy of Fight Your Ticket & Win or Beat Your Ticket if you are outdoors California. I do not know if the outdoors California book is as successful, but the Fight Your Ticket has saved my bacon numerous times. It walks you via every single procedure and goes a long way towards demystifying the law.
Troy in a uncommon moment of lawful behavior.
When I read internet discussions about fighting visitors or parking tickets, the commenters are split into two camps. One particular freely delivers suggestions or solicits information about the method. The second group is judgmental, and suggests “manning up” or even “taking it like a man,” which leads to even much more unsavory metaphors. I uncover this attitude odd and puzzling, and reminds me of JB’s column about the Authoritarian Personality. Soon after all, “obedience and respect for authority are the most critical virtues children ought to learn,” as one of the queries psychologist Theodor Adorno asks in his “F-Scale” questionnaire. Reporting to Visitors College for re-education as ordered, Comrade Visitors Commissioner!
If Oliver North doesn’t have to incriminate himself for promoting weapons to Iran, I don’t have to say anything about what ever law it is I allegedly violated. And it doesn’t matter if I believe I’m guilty. I have the proper to a fair trial. The “people” shouldn’t be able to make me shell out 500 bucks and FUBAR my DMV printout just because they say so. I should be able to meet their representative in a court of law and make them prove I did indeed violate each and every element of the law, making use of evidence that meets the requisite regular. Site visitors court is almost certainly the only location most of us will encounter the pointy end of the government, so why not exercising your rights?
Convicted red-light runners in California’s early targeted traffic-violator’s college.
But what if everybody fought their ticket, say the higher F-scalers? How would we enforce the law? Gosh, I do not know, by applying it pretty? By setting realistic speed limits for contemporary automobiles? By timing targeted traffic signals and engineering roadways for effective traffic flow? By obtaining visitors enforcement focus on actual harmful drivers – drunks, roadragers, teen texters and other murderous scum? Appear about you as you ride to perform and see if you can discover much more than 10 drivers obeying the targeted traffic code. (If so, I will spare humanity from my wrath.)
But you got caught, says the F-Scalers, and I say so what. It doesn’t prove my moral hazard, it just proves I was unlucky. When much more than 10% of a population breaks the law, that law is unenforceable, turning our police into revenue collectors and just about every driver into a criminal. Will fighting every ticket adjust issues? Most likely not, but I’ll maintain my record clean and maintain on riding.
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Skidmarks – Why We Fight (Tickets)
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