Ask A Cop - Avoiding Speeding Tickets

There are many things you should and should not do if your unfortunate enough to be stopped by a law enforcement officer for a traffic violation. This article by no means is meant to replace the advice of an attorney or representative of the court or law enforcement agency whom stopped you. It is simply a guide from a couple who has over 25 years of experience in law enforcement.

The Initial Traffic Stop

The first bit of advice we have to offer is after you get pulled over do not make any sudden moves that may lead the police officer to believe you are trying to hide something or retrieving a weapon to hurt the police officer. There will be plenty of time to assemble your driver’s license and proof of insurance after the officer makes contact with you. After you have made contact with the police officer always act as if you do not know what you did (unless you have a very, very good explanation like “My wife is in labor” or “I am being chased by armed terrorist”). If you choose one of these explanations make sure you either have a pregnant woman in the vehicle with you or there are armed terrorist nearby.

The Interrogation

When inquiring as to why you were stopped, do not go overboard. Let the officer explain to you why you have been stopped. Most importantly, do not argue or get an attitude with the police officer as this will surely ensure that you will get a traffic violation and a hefty one at that. Police officers in most states somewhat have discretion as what they will write you a ticket for. For example, let’s say that you were pulled over for driving 70 mph in a posted 45 mph zone. If you have a pretty good driving record but the officer feels you still need to be ticketed, if you were cooperative and polite the officer might only write a ticket for 5 mph over the speed limit instead of a ticket for 20 mph over the speed limit which ultimately means a lower fee you have to pay and less points on your license. If you still feel that you need to voice your unhappiness and feel that you have been pulled over unjustly, calmly explain your reasons to the police officer.

Driving License Status

When asked about your current driver license status or past driving record DO NOT LIE. Police officers may not be rocket scientists but they do have access to law enforcement computers that interface with national crime computers that access your driver license status and any current and past violations. This rings true for out-of-state travelers also. For example, if you live in Tennessee and are traveling in Michigan and get pulled over, police dispatchers can run you through national computers that interface with other state’s computers and any extraditable warrants (felony warrants) and your driving status from your home state will be displayed. Bottom line, getting caught lying just irritates cops and causes them to think you are trying to hide something. Not all police officers are traffic violation ticket writing robots and may consider writing you a lesser violation (as discussed earlier) or release you with a warning that does not go into any record, cost you any money, and does not put points on you driver’s license if you are simply just honest with him/her.

To Fight You Traffic Ticket in Court or Not?

Going to court is not always a waste of time for several reasons:

1) Most road patrol officers work shift work and have random days off throughout the month. This means, it is very likely that if a police officer has a scheduled court appearance they are usually being paid overtime for their time in court. Many police department unions have bargained into the contract a minimum amount of hours to be paid to the police officer for court appearances. For example, a police officer has a scheduled court appearance for a traffic citation at 10 a.m. on a Monday. He/she works afternoons (3p-11p) so his/her court appearance is going to be on overtime. The officer shows up for court at 10 a.m. and the contesting party does not, the police officer still gets a mandatory 2-4 hours in overtime for just showing to court although he/she only spent a ½ hour at the courthouse because the other party did not show. At this point, since they are on overtime, they are usually willing to wheel and deal on the traffic violation they issued especially if you were cooperative, (if the court allows this; some courts do not). Get to court early and try to speak to the police officer.

2) You might get lucky and the police officer will not show up for court which usually means the traffic ticket will be dismissed.

3) You can always plead your case (if you feel you have a legitimate one) to the judge if it goes in front of a judge and the judge reduce the fines and points.

4) Most courts will allow you to work out a payment plan if you are found guilty so you do not have to pay a hefty fine all at one time.

5) Most courts will not fine you more money for coming to court to plead your case. However, some courts will make you pay court fines and costs if you are found guilty so do a little research before you go to court.

Skipping a Court Date

Whatever you do, DO NOT skip the court date you have set up. This is a sure fire way to get the maximum penalty, fines, additional charges, and suspension of your driver’s license (Which means more fines your state’s DMV or SOS to get you license reinstated), and a possible warrant issued for your arrest.

Conclusion

The issuance of traffic violations (not accident related) are usually at the discretion of the police officer. So, it makes sense to be as polite and respectful as possible without going overboard. Crying is one of the oldest tricks in the book and usually does not work. Cops have heard ever excuse there is to hear so keep that in mind. And yes ladies, most of the male cops like the “accidental wardrobe malfunctions” just like most men, but most of the time it does not work. Once again, we are not lawyers and this article was not meant to replace the advice of a criminal attorney or court representative. Would love to hear your stories good or bad if you have any!

If you have any related law enforcement questions we would love to answer them. Please feel free to ask and we will get back to you as quick as we can!