You know, when I first got this ticket, I thought, “It’ll never fly!” How could they be issuing a ticket under that statute for holding a homemade cardboard sign. That part of the law is really meant to keep people from erecting their own signs that are meant to appear as a real traffic sign. For instance, the farmer who made and installed fake speed limit signs on the road by his farm. And, this sign — another example of what the law was intended to prevent.

But, when I’m being a little defiant (okay, a lot), and the cop is being… well, a COP… You can expect that things are going to get a little hairy. Ask me a question, then interrupt me mid-sentence to demand identification… Well, That’s just rude. Be rude, and expect others to treat you accordingly.

Anyway, there’s not much to say about the outcome, except that there ARE some plain and simple facts that I would like to make known about the whole thing:

The court found me guilty of violating a Texas statute;

The judge will let the prosecutor play a video and make comments and pose questions throughout; but, he won’t let the defense replay portions of the same video during cross examination;

The slower Officer DeBrow draws a sketch, the more overtime everyone gets paid;

Witnesses can outright LIE so long as the jury doesn’t know otherwise (and it’s hard to disprove some things when the judge won’t allow you to replay part of a video);

The bailiff can take catnaps while the jury deliberates;

I need more practice at being my own lawyer;

AND,

The “Thin Blue Line” DOES exist!

So, all in all, everything’s cool now. The jury cut my fine by 65%! (Because I requested the jury determine the fine amount, not the judge.) There WERE additional costs associated with the jury trial. Overall, I paid more than if I’d just rolled over and taken it. But it was worth it. I got to participate in the system — something far too few people take advantage of. And, I learned alot along the way. The main thing being: I need to redesign my sign. I’ve got some good ideas already. Obviously, it’s gotta be something that doesn’t even come close to resembling a traffic sign. Easy enough — How about the profile of a police car, with “Speed Trap Ahead.org” all in one line down the side of the car?

I’ve always found that “You almost never get PAID for learning something; You seldom learn something for FREE; and, There is usually a cost, of some sort, associated with learning.” I don’t mind paying for my education. In fact, I consider the price I paid for the multitude of things I learned to be quite a deal!

I wonder what new things I’ll learn from my next encounter?

Be careful out there! Drive safely; and, Pay attention to your surroundings.

Well, I’ll make it short and sweet — I’m a little busy right now. I’ll write more details when I have more time.

Jury trial is set for July 11, 2008, at 1:00 p.m.

All done!

Here’s the post about the outcome.

I went to the arraignment a couple of weeks ago. The prosecutor stated that he didn’t really know what the ticket was about. But then I started explaining about SpeedTrapAhead.org… then he suddenly knew what was going on. Obviously, there had been discussion of my sign holding prior to that day.

He asked what I thought should happen. I said, “I think it should be dismissed because…” He then interrupted with, “Well, That’s not gonna happen.”

“Well, then sign me up for a jury trial“, I said. And that’s where we’re at. I have a a pre-trial hearing on June 13th.

I really don’t think that this will actually go to trial. I think this is just a delay tactic to give me a little time to “get scared” and bargain my rights away. Now, I can say, “Well, That’s not gonna happen.”

The prosecutor doesn’t want to drop it because that’ll put out the message that it was a bogus ticket and it’s okay to hold my sign. On the other hand, if it goes to trial and I win, a precedent will be set saying that it’s absolutely not against the law to hold my sign. Either way is okay, as either ruling will have basically the same effect. There is NO WAY Joe Citizen would think my sign is an official traffic control device.

Anyway, I’m just waiting, and getting my stuff together.

UPDATE: Jury Trial is set for July 11, 21008, at 1:00 p.m.

Any clicks on AdSense ads in the right column that may be of interest to you would be appreciated.

Also, Please check out THIS video of a PLEASANT encounter with a rational LEO.

This is some advice from a Florida lawyer about traffic tickets. Most of this article applies to those in all states; but, a few things are Florida specific. Still good reading, though.

Rule No. 1:

Be polite. What do you have to lose by not being courteous? Let me count the ways: First, you will certainly get that ticket. Second, the police officer just might start searching for other tickets he/she can issue. I’ve had clients who received up to 10 tickets in one stop.

Things not to say to the police officer: “I’ll see you in court,” “My lawyer will see you in court,” or “Shouldn’t you be spending your time chasing real criminals?”
In traffic court, every judge is going to ask the police officer, “How did this person treat you on the side of the road?” Oops. Judges and police officers know one another. You are the outsider.

If you requested a hearing hoping the officer does not appear in court, and the officer does not appear, you got lucky. If the officer does appear, and you were not nice, the judge is not going to be nice to you.

If you think the officer was wrong and you have a good case, save your arguments for court. Do not try your case on the side of the road. At roadside, the officer is in control. If you don’t believe that, you may end up in jail.

By the way, sign the ticket. This is not an admission of guilt. This merely shows you received the ticket. Refusing to sign the ticket is a crime and an excuse for the officer to cart you to jail if you have been rude.

Rule No. 2

If you want to beat a speeding ticket, hire a lawyer. Florida law creates a presumption that the officer’s speed measuring device is accurate. Once the officer gets the reading into evidence, you have lost. The fight is in keeping the speed measuring device information out of evidence.

Things not to say in court: “My car just can’t go that fast;” “There was a car next to mine; the officer couldn’t have known which one he clocked;” ” I saw the officer behind me, so why would I have been speeding?” and “The officer didn’t show me his radar.”

You will be wasting the judge’s time, and this may be reflected in your sentence. Also, any speeding ticket you receive that’s 14 mph over the speed limit can be used by your insurance company to raise your rates even if you get no points. A lawyer may be able to get your ticket amended to a lower speed.

Rule No. 3

If you receive a ticket for driving while license suspended, this is a big deal. There are two types of driving while license suspended: driving while license suspended without knowledge, which is a civil infraction, and driving while license suspended with knowledge, which is a crime.

Both look horrible on your driving record; both count toward a five-year habitual drivers license suspension. Hire a lawyer to get the charge amended to something else. If you simply go to the clerk’s office and pay a ticket for driving while license suspended, you may be getting a five-year license suspension.

Rule No. 4

Anything that goes on your driving record stays there for life. An insurance company might look back only three years. But in court the judge sees your lifetime driving record. You might want to think about that before you pay a ticket.

Rule No. 5

Your word against the police officer is probably going to go in favor of the police officer. Yes, I know this is the United States of America; everyone deserves his/her fair day in court, yeah, yeah, yeah. Get over it. You are the outsider.

Traffic crashes are another story. The police officer cannot testify to what he/she didn’t see. If you and your story are as credible as the person who didn’t get the ticket, there should be reasonable doubt, and you should prevail. Also, if the other person in the crash doesn’t show, you will win.

Free tip: If there is a crash and the officer does not show, the ticket itself is invalid. A uniform traffic citation must be written by a law enforcement officer. If there is no law-enforcement officer present to say he/she wrote the ticket, the case should be dismissed.

Of course, if you don’t break the law, you don’t need this advice.

Jared Massey claimed in civil lawsuit filed in January that his civil rights were violated because Trooper Jon Gardner fired his taser before telling Massey he was under arrest. The confrontation was widely viewed on the internet after Massey obtained a copy of the video taken by the cruiser’s dashboard camera.

The video has been viewed on YouTube at least 1.7 million times and shows Gardner drawing his stun gun after the 28-year-old Massey refused to accept a speeding ticket and was ordered out of the vehicle.

Massey’s attorney, Bob Sykes, said he’s pleased with the settlement offer.

“They made what we consider to be a very fair offer of a significant amount of money,” he said.

The Highway Patrol said the trooper’s use of the taser was justified, but that his attitude was a problem. They put Gardner on administrative leave for a few weeks and said he received training in conflict resolution. Gardner was primarily put on leave for his own safety after state officials received numerous complaints.

Sykes said state attorneys offered to settle the lawsuit before ever officially responding to it, probably because of the video evidence.

“It’s pretty damaging,” he said. “The force used under these circumstances was nothing less than outrageous.”

The Utah Highway Patrol has declined to make Gardner available for comment.

As part of the settlement, the lawsuit against Gardner and potential claims against the Utah Highway Patrol, Utah Department of Public Safety and the state of Utah are being dismissed.

“We think this is a legally defensible case because Trooper Gardner acted reasonably to avert a volatile and potentially dangerous confrontation on the side of a busy highway. We recognize, however, that this is a close case,” Assistant Attorney General Scott Cheney, who represented Gardner, said in a statement.

The attorney general’s office said defending the lawsuit in court would have been a lengthy and expensive process and that settling was more cost-effective.

Massey paid a $107 fine to settle his ticket for speeding in a construction zone. He was stopped by Gardner on U.S. 40 near Vernal in eastern Utah on Sept. 14.

On Nov. 30, Gardner’s superiors cleared his use of the stun gun. They said Gardner felt threatened when Massey turned his back on the trooper and casually put a hand part-way in his pocket while stepping back toward his vehicle.

But officials also said the trooper could have explained to Massey that he risked being arrested for refusing to sign a speeding ticket.

The signature isn’t a legal requirement in Utah, but troopers make a practice of obtaining it as a motorist’s pledge to appear in court.

A radar reading indicated Parker was going 96 mph in a posted 45 mph zone, police said. Peoria police said Parker admitted he was showing off his new Corvette for a friend. He faces an administrative investigation by the sheriff’s office in addition to paying the speeding ticket.