« Reality TV Peeps Should Blog | Main | Pathological Pursuit of Profit »
Traffic Court
Traffic court was packet yesterday, with 246 cases on the docket. The judge was moving at a breathless pace, with everyone else (the clerk, deputies, attorneys, and accused) hopping to try to keep up. I wasn't the only one sitting on the edge of my seat trying not to miss any of the action. Many of the cases were disposed of quickly with guilty pleas and fines, no-show witnesses (in which case the judge often dismissed the charge entirely), or traffic school as a "punishment" instead of a fine. As most people perhaps know already, traffic school is a great option if you just have a speeding ticket or something and it's your first one or your first in a long time. If you go to court on a traffic ticket, it never hurts to ask if you could take traffic school and see if that will help you out.
Watching traffic court has taught me that a "guilty with explanation" plea rarely helps any more than a "guilty" plea—the judge may listen to your explanation, but she's probably not hearing it, meaning it won't make your sentence any lighter. I guess sometimes it does, but most of the time guilty is guilty, and the judge doesn't really care beyond that. With 214 cases to dispose of, a judge doesn't have time to care.
Another thing I've learned is that you really really should know the potential penalty you're facing before you decide to plead guilty. I saw a guy yesterday waive his right to a lawyer, then plead guilty to driving on a suspended license, then get a recommended 60 days in jail (w/30 suspended, so only 30 to actually serve) and a year additional license suspension! The guy's head was spinning when he heard the state asking for that sentence, and he begged for a lawyer. The judge had mercy on him and decided to continue the case and give the guy a chance to find a lawyer before he got thrown in jail. That was very nice of the judge, but she didn't have to do that—the guy had signed a waiver of his right to an attorney, then he found he was helpless and facing a relatively huge penalty. (Thirty days in jail is no laughing matter.)
So those are my little lessons in traffic court: Just because you think your offense isn't serious, don't think the judge or the state will see it your way. Whatever your excuses, they probably don't care. Know what you're getting into before you go to court, or get a lawyer who does.
A final lesson that's really a reminder: You just don't want to get caught up in the justice system if there's anything you can do to keep from it. Perhaps it's as just as it can be, but that's not very just, so you don't want to take your chances. Keep your record clean, or your whole life could be sent down the drain b/c the law just doesn't have to care about your complex circumstances. It may care, but it doesn't have to. Is it possible that the two most merciless systems in our society are the justice system and the consumer credit system? You mess up a little in either one, you might be paying for it the rest of your life. Gotta love that.
Posted July 16, 2004 05:59 AM | 1L summer
Around these parts (large city, midwest, by a great big lake) you should *always* go to court for a speeding ticket. 9 of 10 times the officer who wrote the ticket won't show, and the ticket is discharged. I've done it *three* times now. I'm a leadfoot.
Also, I did once earn enough points to go win a mandatory trip to traffic school. Ironically, because I did the school, my insurance company gave me a "safe driver" discount! :)
Posted by: Anon at July 16, 2004 05:32 PM
I worked at a DA's office during my 3L year. I asked one of the DA's what was the difference between "guilty" and "guilty with an explination" and he said "nothing." There is no "guilty with an explination" on the books. It seems that allowing people to complain and then plead guilty sped up the court substantially. People just like to speak their peace and be done with it.
Posted by: mr. fun ball at July 19, 2004 03:13 PM
Yeah, that's the sense I got, too. I assume the judge has discretion to reduce a fine if he/she likes your explanation and feels compelled to do so, so perhaps the explanation isn't a total waste. Still, I doubt judges reduce fines very often. From what I've seen, lower court judges like to rely on guidelines and suggestions, to stick to the books, the usual. It's easier to give the same punishment every time for a certain offense than to weigh each one individually. Nevermind that our system supposedly assumes all offenses will be weighed individually. Wait, that was my assumption. I guess that assumption differs, depending on who you talk to.
Posted by: ambimb at July 20, 2004 06:34 AM
