Traffic ticket WWYD --update in #24

[jent]

So, I got a traffic ticket last weekend and not sure what to do. I'm not sure I'm completely in the wrong, but I'm not 100% right either.

Here's the background: I was driving a route that was unfamiliar to me, following verbal directions given by DH. He'd told me that a better/faster route would be to take the highway rather than local roads-- it's a route where you basically get on one exit, then get off the next. Except, there's an exit in between that I'd forgotten about. And to make it even more complicated, when you get on the highway at our entrance, you are in the exit lane for this next exit (the one I didn't want). This exit is about 400 ft from the entrance where I get on the highway (per Google maps).

So here's what happened: I get on the highway, and stay in the right lane, looking for the next exit, thinking that's the one I want. I see the sign and realize that I don't really want this exit, but the next one, and need to move to the left lane. However, at this point, the traffic for the exit I want is backed up PAST the first exit, so the left lane is full of traffic. (Turns out there was a big accident at this exit). As I am looking for a place to move left (it's not like I can just stop), a car in the left lane ahead of me gets fed up with the traffic and pulls out in front of me to get off that highway at the first exit. I see the opening and pull ahead to his spot. This means I have to drive across the few feet of breakdown lane (you know, the stripey zone at the exit) to get to the spot.

Next thing I know, I see an officer in my rearview mirror working his way up the exit lane. I assume he's going to the accident, but no, he's pulling me over! He didn't ask me any questions except for my license and registration. I'm sitting there freaking out, thinking something must be wrong with the car... then he returns with the ticket and says, his voice dripping with disdain: "You're not the only one in a hurry, lady. Next time, wait your turn like everyone else. You can't just drive across the breakdown lane like that." I tried to explain but he cut me off and said, "you can fight it if you want to" and walked away.

So, my instinct is to just pay it, actually: I can't think of anything worse than sitting in traffic court, trying to plead my case. And, the ticket is technically correct, I did drive in the breakdown lane. For about 1.0 seconds. But I think the real reason the cop pulled me over is b/c he thought I was intentionally jumping the line-- that I had driven down the lane of the first exit, and then jumped in the lane of the second exit-- I'm pretty sure he intended to "teach me a lesson."

I know that being unfamiliar with a route, and not intentionally being a jerk, are not really defenses against breaking a traffic law. However, keep in mind that I had about 400 feet to assimilate information about the exit, and the traffic was uncharacteristically backed up, putting me in a difficult situation- not sure if that's a mitigating circumstance.

So- I'm worried about the whole points, insurance premiums, etc thing-- that is the only reason I would consider fighting it.

What do you guys think? Not worth it? No leg to stand on? Or should I plead my case?

[georgiegirl]

What a jerk!!! Driving in unfamiliar areas, especially when there is traffic or a back-up is no fun. I can't believe he gave you a ticket. You can always try to contest it, and sometimes the judge will knock it down to a non-moving violation or something.

[ett]

I would contest it. DH and I both contested a ticket once, and they dropped it almost immediately. We had this whole statement prepared and didn't really read any of it. It was like if you made the effort to show up (because probably a lot of people didn't) they would drop it.

[KLD313]

I would fight it, they almost always reduce the charge so you don't get points on your license.

[wellyes]

I'd just pay it. I think we all break traffic laws occasionally ( let she who has never exceeded the speed limit..... not get in front of me in 25 zone!) It's just bad luck when you get caught for something.

I do prefer that the traffic cops enforce rules in heavy traffic, versus setting a speed trap in a zone where the speed limit is artificially low.
I do sympathize, it stinks to be accused of being a jerk when you aren't being a jerk.

[infomama]

And, the ticket is technically correct, I did drive in the breakdown lane.

I wouldn't fight it but If your driving record is good, go to court and ask if the judge will give you a no points based on your good driving record.

That being said...I think he was doing his job enforcing the traffic laws and that's it. He probably didn't need to rub salt in the wound since he was giving you a ticket but I digress.

[div_0305]

I could've written your post. A very similar thing happened to me a year ago on an unfamiliar route. Traffic backed up due to some type of accident and no one was letting me out of a lane about to become "turn only." Because I was new to the route, I didn't know my lane would become turn only. Anyway, when an opening came up, I went for it and got pulled over for "trying to jump the line." I had a major A**hole traffic cop pull me over. In the end, the thought of losing time from work to go to traffic court over it just overwhelmed me with the limited time I have already. So it wasn't worth it to me to fight it. I still loathe that area and tell everyone I know about it if I know they are going to be driving there. I just think the cop needed to open his mind up to thinking not EVERYONE who drives there must be familiar with the route.

[turtledove]

Go and argue your case. However, you did technically break the law. If they don't drop (or reduce) the charge based on your driving record, you can request to go to traffic school. Most places have an online version you can complete in 1-2 hours, but I would definitely look into it beforehand. It is a pain and comes with some cost, but they should drop the ticket completely after completion. Good luck!

[AnnieW625]

If the location is close to where you live I would fight it. Good luck!

[infocrazy]

You have nothing to lose by trying to fight it.

I just did it for the first time. I turned at a stop sign to another street from a 50 mph road. I accelerated to get up to 50 and overdid it slightly, but before I could correct, I saw a police office not even 100 yds from where I entered the street (state park road often used for normal transit). Alas, the new street was 40 mph.

I looked up my options and could either say not guilty and meet with a judge who would decide if it would be thrown out or stick, or I could plea guilty to a lesser offense. I chose the second. I met with a county sheriff and adopted the don't speak unless spoken to strategy. He looked over the details and offered a no points charge which I gladly accepted. Then I went before a judge and agreed to the charge. BTW, out of the 6 people I saw in the court before me, 3 other people got tickets in the same park!

The lesser offense had a $5 higher fee, but no points.

[blisstwins]

Absolutely got and explain yourself. It may be reduced to a parking ticket if it is your first offense. Seriously. If it is first offense I really doubt you will get points.

[ccather]

I guess I'm the only one who likes going to traffic court! I've heard some of the most entertaining stories in court. It can be hard not to laugh and ask the person if they think the judge is stupid!

Anywho, my area seems to be big on Probation Before Judgement. They suspend the fine and the points for a year. If you don't get pulled over again in that year, the points and all go away. If you do get pulled over again, you get the points and fines for both. At least, that's how I think it works! Every time I get PBJ j make sure to not get that second ticket! Lol!

Go. Try to dodge the points. You don't know what may happen in the future that one or two points will make the difference on.

[TwinFoxes]

If you decide to fight it, I think it'd be a good idea to know what the law says about that lane. Maybe there's wiggle room. Good luck!

[hellokitty]

I'd pay it. Technically, you did drive through the striped area. Regardless of whether or not you were new to the route you were in the wrong and while the cop was being a jerk, you did technically break a driving rule. Idk about your area, but our city is so desperate for funds, they make the cops show up to all of their court times. So, anyone who contests theirs, never wins, since the cop is always present.

[jent]

Thanks so much for the advice, guys! And making me feel better about being stupid enough to get a ticket.

I found a website "dmv.org" that describes the points and the rules by state. I found out that my violation would give me 2 points on my license (which would make insurance premium go up by 30 percent!). BUT dmv.org says "you get a free pass on the first non-criminal minor traffic violation, which will not be subject to a surcharge". Points start to get erased after 3 years of good driving.

The MA state website says that: 1) the officer doesn't have to be there, that they will read from the record and 2) they will decide based on the evidence if I did violate the law and that 3) the only discretion of the magistrate is to reduce the fine by 50%. I think, by my reading, that they are not allowed to downgrade the offense or reduce the points.

So, I probably won't fight it. I can't argue that I didn't break the law- I did go through a few feet of breakdown lane. But, just like any other offense, an officer can use discretion whether to apply it or not-- and I have a strong feeling that he decided to be harsh because he thought I was intentionally jumping the line.

I will double check on points being waved for a first offense. 30% more per year for the next 3 years is huge!

[AnnieW625]

for 2 points I would still fight it. You should at least try.

[chlobo]

Thanks so much for the advice, guys! And making me feel better about being stupid enough to get a ticket.

I found a website "dmv.org" that describes the points and the rules by state. I found out that my violation would give me 2 points on my license (which would make insurance premium go up by 30 percent!). BUT dmv.org says "you get a free pass on the first non-criminal minor traffic violation, which will not be subject to a surcharge". Points start to get erased after 3 years of good driving.

The MA state website says that: 1) the officer doesn't have to be there, that they will read from the record and 2) they will decide based on the evidence if I did violate the law and that 3) the only discretion of the magistrate is to reduce the fine by 50%. I think, by my reading, that they are not allowed to downgrade the offense or reduce the points.

So, I probably won't fight it. I can't argue that I didn't break the law- I did go through a few feet of breakdown lane. But, just like any other offense, an officer can use discretion whether to apply it or not-- and I have a strong feeling that he decided to be harsh because he thought I was intentionally jumping the line.

I will double check on points being waved for a first offense. 30% more per year for the next 3 years is huge!

I had a speeding ticket in Mass and I contested it and it was dismissed. No points, no fines. The ticket was issued by local police rather than state police so I don't know if that makes a difference. The hearing was in a "regional" office though so I'm not sure if they heard more that just the town where I was pulled over.

Also, there was a kid ahead of me who had been pulled over for drag racing. His ticket was also dismissed.

[wencit]

I know in MA the first ticket is a "freebie," but I would still try and contest it if I were you, especially if there is even the slightest chance that you may move out of MA within the following 3 years. You never know if the judge will dismiss it outright or reduce the charge. Then you also wouldn't have that nagging worry of another ticket every time you get in the car, no matter how careful of a driver you usually are.

I got my first and ONLY speeding ticket when I was living in MA a couple years ago. I fully admit I was speeding, so I just paid the ticket and the point went on my record (no option for traffic school there). Well, we ended up moving to CA a year later, and that point transferred to my DMV record over here, which increased my auto insurance premiums! Now I really regret not going in and trying to get it dismissed or reduced, especially since it was my first ticket ever. I just figured lots of people use that excuse and that the judge wouldn't believe me.

ETA: Oops, somehow I missed the third part of the dmv.org statement in your last post. I sill think it might be worth a try - you just never know!

[wellyes]

I know in MA the first ticket is a "freebie," but I would still try and contest it if I were you, especially if there is even the slightest chance that you may move out of MA within the following 3 years. You never know if the judge will dismiss it outright or reduce the charge. Then you also wouldn't have that nagging worry of another ticket every time you get in the car, no matter how careful of a driver you usually are.

I somehow don't like the idea of contesting a ticket when you're technically guilty just because penalties for tickets suck. Not based on the OP's individual story, just, a lot of people who get tickets really do deserve them. It doesn't sit right to me that it's so easy to get tickets dismissed if you have the time/means/ability to show up in court.

[dogmom]

Being from MA and taking care of some bad break down lane injuries in my trauma unit I have to say police are VERY sensitive about the breakdown lane now a days. I completely support it. Some of the injured in (and dead) in breakdown lane accidents have been cops. You could go to court, you probably have a decent chance of getting off. But I don't think the cop was a jerk like some PP suggested. If you were distracted enough with an unfamiliar route to not notice traffic, have to bounce around like that, there is a chance you might not have seen someone in the breakdown lane. That is probably where the cop is coming from.

Having said that my DH did contest a ticket and got it completely cleared in MA court. They were doing work on Storrow Drive in Boston and we were trying to get on the exit for the Mass pike. They were doing road work and there was traffic cone, traffic cone, traffic cone blocking right lane, then gap in traffic cone, exit to Mass Pike, no sign saying exit was closed, the traffic cone, cop, worker. The car in front of us got off and onto the Mass Pike, we did the same and then the cop came after us and gave us a ticket for driving in a closed lane. Once the judge figured out what my husband was talking about (he had to draw a picture) both the Judge and the cop (not the ticket cop) agreed they would have thought the lane was open. So they can clear the tickets.

[AngB]

Yeesh. I would go and try.

In Missouri you can pay a lawyer to get your ticket "fixed" to a non-moving violation. DH got one for like 6 over the speed limit and got it changed to parking in the hwy or something silly like that.

[BabbyO]

Go and contest it...or at least ask for a point reduction. I got a speeding ticket in where we entered a small town. It was my fault, but I was crazy sick (all day MS at the time) and just didn't realize where I was.

I went to the town hall at the specified time and date and they sent everyone who had traffic tickets to a line and we talked to a Lawyer? - or some sort of court official. I don't even recall the specifics. Before I could even say anything, the person had looked up my record, said my driving record was good, she could reduce my points and fine by pleading faulty equipment, I paid my fine and left. I never even spoke to a judge.

[psimpson3-5]

Based on my brother's and DH's experiences, I'd suggest fighting it. It's completely up to you, but they both received large penalty reductions and no points on their licenses.

[jent]

Just posting an update--

After thinking it over, I decided to fight the ticket. (Also, I drove by that exit a few more times, noting the distance between where I got on and where I merged, and realized it is VERY short. I'm not even sure whether I traveled over the striped line, as it doesn't really extend that far before the exit. On the day of the ticket, I was flustered and assumed the officer was correct when he said I crossed it. The more I think it over, I believe he had to be far enough behind me that he couldn't really see that-- but he was mad that I appeared to "cut" the line and wanted to cite me for something to teach me a "lesson.")

Had the hearing today and... I'm in the clear!!

It was pretty painless. In MA, you go before a magistrate (not a judge). There is one representative trooper who reads the all citations (ie, it doesn't have to be the original officer). When he read mine, it had very little detail- just cited me for "traveling in the breakdown lane." I explained the situation as best I could, and I did say I wasn't sure if I had crossed through the breakdown lane, but that I was doing my best to merge left into a full lane of traffic . The magistrate didn't ask any further questions, just handed a verdict of "not responsible" and the representing trooper agreed! So, no fine, no points. Hooray!

[georgiegirl]

Great update!

[psimpson3-5]

Great news! I'm glad you decided to fight the ticket.

[div_0305]

Awesome! Thanks for update!

[Sweetsunshine]

Thanks for the update. I'm in MA too, so it's helpful to know about for future reference!

[Tondi G]

Awesome. Glad you decided to fight it. The officer was being a jerk!

[wencit]

Yay! Glad it worked out well.

[MamaInMarch]

Great result!