A couple months ago I got pulled over by CHP and given a ticket for running a stop sign. I did not do this. And I’m sure everyone who does do it says the same thing but I know for a fact I did not do it.
This was close to my house. Just a few blocks away actually. And it’s an intersection I go through every day on my way to work. This happened to be a Saturday in October during the Pumpkin Festival weekend. The cops were out in force – I assume to nab tourists as well as drunk drivers. I had seen CHP around and on Highway 1, pulling cars over, all week long.
I mentioned to the cop that he must be mistaken since I know I looked at the 4 different streets/traffic flows as well as looking for pedestrians since I cross at this intersection almost daily when I walk my dogs. And I have been almost taken out by jerks who DO blow through the stop sign. I explained that, frankly, I look more for dogs and their walkers at the intersection than cars so I knew I stopped fully and looked.
I speed on the freeway all the time. Daily really. And when I’ve gotten speeding tickets in the past, I don’t argue with the officer or fight them. But what I do NOT do is speed or drive recklessly in neighborhoods. I am always looking for animals or kids in the street. Always.
So when this cop first said I didn’t come to a complete stop at the stop sign, I said that I know I did and in fact, had stopped longer than the county community bus that had been at the stop sign in front of me. I pointed out that I am a local and stop at this intersection EVERY day. Then after giving him my license, registration and insurance information and he came back with my ticket, he said that I had blown through the stop sign. I pointed out that is not what he just said a few moments ago and that I now know he is definitely mistaken since there is no way I did that. I also knew that would just piss him off but he already wrote the ticket so he wasn’t taking it back..
He handed me documents back with the ticket and he went right back sitting in his tourist trap. Nice. Don’t even get me started on using the police/CHP this way.
I was angry. And I was determined to fight it. So I filed a Written Declaration with the court stating I was not guilty and wrote up my version. And mailed it off with the “bail” (they want the money up front in case you are found guilty!) They have 90 days to respond. So I waited…
Now, this is actually the 2nd time I have fought a ticket. The first time was for running a red light in San Francisco. I did not run a red light so I fought it. I took pictures of the intersection, timed the light and wrote up my version. I went to court (first time ever in a court room!) and the place was jammed pack full. First, they offer everyone there the chance to plead guilty and get your bail reduced by 50% and you can leave. Everyone but 3 people did this – 1 of them was me. Now…I thought of taking the deal for a brief second. Mainly because I knew my husband would freak if he knew I could have paid 50% less, didn’t take the deal and then lost. BUT – 1) I knew I was right and refused to plead guilty when I was not. And 2) I am a much bigger gambler than my husband.
So the first 2 guys went up and plead their cases. The judge found them both guilty. Yikes. My turn…I went up to the Judge, was very polite and professional, handed him my packet of pictures and information and after reviewing it and asking me a couple of questions, he found me NOT GUILTY! I was so relieved. I walked out of there so, so relieved. I called my husband right away and he could not believe it. HA!
I was more doubtful of this time though since that was San Francisco and the cops there have a lot better things to do than show up in court. This time was CHP officer who job is to write tickets. My guess was he would write up his version and the judge would find me guilty and I would then have to actually go to court to fight further (because I have a LOT of spare time during the day…) or just bite the bullet, be guilty and take the point on my insurance (husband’s head would also explode at that point.)
After I mailed away my Written Declaration I put it aside in my head and wrote it off as guilty while secretly hoping I was wrong and would win.
I stopped at our PO box tonight on the way home and saw the envelope from the court. I thought “Ugh…I’ll open it tomorrow. I don’t want to be in a bad mood tonight.” But then decided that was stupid and opened it right there. NOT GUILTY!!!!! I was pretty dang happy. Went home with a smile on my face and still have one. A pretty darn big one :)
Justice might not prevail all the time but nice to know it does some of the time…
2:54 pm on January 17th, 2010
Congratulations! What a jerk! I hate that – some cops just love intimidating people. Good for you for standing up to him like that. I love what you said about stopping and looking for dogs. Too funny! How could he not believe you? You’ve given people hope – esp. women that you can prevail in these situations when you know you’re in the right. Cheers!
8:18 pm on January 18th, 2010
Good for you – hope you used a lot of whereas and therefores in your writeup – I used to get paid if I could come up with extra leagalese. In reality though, the states and local communities are doing whatever they can to generate revenues and since most property tax assessments have actually been cut because of declining values, this is an easy mark. They will never admit to that, but the towns know that most people will not fight these tickets or if they do, they know that the cards are going to be stacked against them.
Oh right, I forgot, everyone is innocent until proven guilty and have the right to have their day in court.
By wasting citizens time with bogus traffic violations, it continues to erode our faith in the police and the criminal justice system. I just see it as legal extortion and I guess I shouldn’t say that.
Way to go – by the way did you know in California you can take the bar and if you pass, practice law in some circumstances without going to law school? ;)
12:29 am on January 19th, 2010
Ha! I should have run it by you for the legalese stamp! :p
Most likely the officer just didn’t respond to my declaration so I win by default. But I figured throw my heart into it and plead my case as honestly as I could. I was mad! That cop probably knew I was going to fight it as soon as I started arguing (respectfully of course) with him ;) My hometown bud – you are Chippie so not yours. But quite happy I won.
I have a huge button on speed traps and the CHP being used a srevenue generators when their is real crime out there to be fought. A blog post long-brewing in my head for sure…
I did not know that…that would be kinda funny….kitten, esq ;)
12:32 am on January 19th, 2010
Thanks! If you feel you are in the right – I say fight! I am very much a police supporter but speed and traffic traps really annoy me. Ummm…I think there is real crime out there guys?
9:53 am on January 26th, 2010
I can see the name of the firm now Kitten & Buds LLP