[RANT » Truck Drivers, Speeding Tickets, and Unjust Justice] I received a speeding ticket a couple of months ago... and boy was I pissed off when I got it. Not because I wasnt speeding—because I was—but because I *needed* to so I didnt get into an accident. Lemme splain... Driving down Highway 5 in California is a treacherous way to travel. For much of the journey (between Northern and Southern California) its a two-lane highway with an endless barrage of 18-wheelers shuttling their cargo up and down the state. The drivers work hard, drive harder, and are prone to staying up too long/late. Its not unusual for them to sometimes doze off. Case in point was that night. I have my cruise control locked-in at 75mph (the speed limit is 70mph, but 75 is VERY normal on this long stretch of road), cruising in the fast lane... and Im about to pass an 18-wheeler driving in the right lane. As I do, he drifts across his lane into mine, nearly driving me into the center median. I hit my brakes and slide back as the rear of his trailer nearly smashes the front of my car. (I secretly might have peed my pants a little, but I was too distracted by my screaming Holy Shit!!! at the top of my lungs.) He quickly realized his mistake and jerked his truck back into his lane... and now I have a choice: I can drop WAY back behind a swerving 18-wheeler (not smart), or I can wait for an opportunity to pass him *fast* (not smart, but at least Im taking action... otherwise, I need to get off the freeway). So... he drives without incident for a few miles... and I start moving past him... and he again drifts into my lane. No screaming this time; I punch it... to 90mph, swerve slightly to the left and move past him to discover........ Highway Patrol on the right shoulder with his *laser-sighted* radar gun clocking my speed. He enters the freeway and pulls me over. Shit. My explanation is greeted with a dry, emotionless stare... and he smiles as he hands me the yellow ticket to sign, where he is quick to point out that by signing Im not admitting guilt, Im merely promising to appear at the date and time he has illegibly scrawled right above the signature line. Brilliant. I sign, and then he warns me to beware the 18-wheelers as I reenter the highway. Ignoring the irony, I decide Im going to fight the ticket. That my speeding was not only necessary, but it actually ALLOWED me to live long enough for him to give me the damned ticket. Today was the day I needed to appear in court at 8am... and I drove the two-hours BACK to that county (thats one-way... dont forget the return trip... and getting up at 4:30am to beat the traffic) to start that process. And thats where this story gets kinda interesting. I practically needed to strip down to my skivvies to get past the metal detectors (yes, plural) at Superior Court (NOT traffic court... SUPERIOR court) while the stoic cop on-guard (hand-on-gun style) stared at me as I dutifully removed my belt... and shoes... and jacket... and wallet, keys, cellphone, yadda-God-damned-yadda. I get re-dressed, and walk on to find the court docket; my name is not on the list. (Of course) BACK to the Clerks line to find out why, get my name added, and THEN start the process of getting justice. The clerk was very nice when she explained to me that May 1st wasnt my court date (as it showed CLEARLY on the ticket). May 1st is the day my penalty/fine of $463 was due to be paid. Um... what? Pay the fine before a judgement of guilty is rendered? Yes, she explained. But I dont want to pay the fine, I explained. I want to fight the ticket. No problem, she smiled. Just pay the $463 bail and well set a trial date for you. *cue my confused look* Wait, I said. I thought the $463 was the FINE. Now its BAIL? Yes. If you want a trial date to challenge your ticket, you need to pay the bail amount before we can set the date. And from here, its easy to do the math. Pay the fine, or pay the bail — well call it whatever you want, but you WILL PAY before you have been declared guilty in a court. Not to mention, they will HOLD that money until after the trial date... and if I am found innocent and/or the charges are dismissed in the interest of justice, they will send the bail amount back to me within eight weeks after the judgement is entered. My trial date would have been in OCTOBER 2014, so assuming the case was closed out then (and the officer answered his subpoena and didnt ask for a continuance), the SOONEST my bail would be returned would be December of this year — and it sits in an account, earning interest for the State of California. And if Im declared guilty? May I still go to traffic court to have the speeding ticket removed from my drivers record? Thats up to the discretion of the judge. *blank stare* Do I really want to do this? Spend at least another four hours in the car... sitting with my frustration for months... No... I dont want the bullshit. I paid the FINE, not the bail... and Im getting on with my life. BUT... it IS bullshit. Its unjust. Its a carefully crafted loophole that allows for the assumption of guilt. (Umm... constitution, anyone?) What if my gas pedal was faulty? (Sorry... pay the fine/bail.) *sigh* I fight ALL kinds of fights and Im big on honor, respect, and justice for everyone. However... you cant argue with crazy... and these laws are ever-moving, confusing, and illogical. And that brings up the lesson I learned today: If you ever want to wield complete, malevolent power over others... be illogical... change the rules... be impenetrable. Writing you from the slow lane — Charles
Posted on: Fri, 02 May 2014 03:24:39 +0000
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