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May 15, 2007

Trafficking in Justice.

A
part from the lawyers who make easy money on the cases, is there any sense at all to a system of traffic enforcement in which just about everybody who gets a speeding ticket in a state (even for going as fast as 125 mph in a 65 mph zone) must hire a lawyer to negotiate a deal that avoids loss of license and higher auto insurance bills? That's the way things work in North Carolina, and it strikes me as a system in need of a complete overhaul.

Incidentally, the system has a perverse and debilitating effect on people who move to North Carolina from other states where the speeding laws are enforced more or less as written. When I lived in Wyoming, I got two speeding tickets, both for excessive speed on the open (and I mean really open) highway. I had no defense to either, so I paid them. That's what you do in Wyoming, or at least what you did when I lived there. My insurance rates went up a little, but not a lot, and I was not even in the ballpark of losing my license.

Then I moved to North Carolina. My two speeding tickets moved with me, as it were -- but the consequences in North Carolina were absurd. At first the insurance agent was not even certain I was insurable. Then, once she determined I was, she told me that I'd have to be placed for the first couple of years into the highest-risk category, and pay exorbitant amounts of money for auto insurance.

Of course, if I had lived in North Carolina when I got the speeding tickets, I would never have paid them; I would have played by North Carolina's rules, hired a lawyer, and gotten the tickets dismissed.

Crazy.

Posted by Eric at May 15, 2007 9:57 AM

Comments

Nevada (or at least, so I am told Las Vegas) has some similar shennanigans.

We were passing through and stopped to have lunch with a friend. I asked her about all the, "we'll go to court for your ticket" billboards (in Calif. you can't get a lawyer for infractions, only for misdemeanors, e.g. doing 125 in a 65 zone, and; perforce, felonies).

She said that if you get a ticket, you hire a lawyer, and he noegotiates a deal.

Which is a way they make money off of people passing through, because they don't know, so they just pay the freight.

Posted by: Terry Karney at May 15, 2007 10:58 AM

Just be glad it's not no fault insurance. When I lived in NC, my car insurance was less than $700 a year. Here in Michigan, it's over $1100!! And that's with a discount from the ABA. This no fault system is a bunch of bull. Plus in Michigan they require you to have some absurd amount of insurance in case you damage state property.

Posted by: MacKenzie at May 15, 2007 2:00 PM

Eric,

I've been pushing your point for several years. We should either have speeding rules which have some meaning and treat them accordingly, or we should turn the whole mess into some Administrative Bureau.

Speeding cases just clog up the District Court docket and make it that much more difficult to deal properly with serious (lower-level) misbehavior. Of course there are a number of lawyers who make their livings doing nothing else and would be very upset if the system were improved.

Barry

Posted by: Barry Winston at May 15, 2007 4:00 PM

I suppose obeying the law never occured to you?

ELM: What is this "obeying the law" of which you speak?

Posted by: lostingotham at May 16, 2007 10:19 AM

I thought that modern traffic laws as actually enfored were simply a means for providing random checks of people. Something that would be impossible without these warrantless stops. If you don't violate some traffic law over a reasonable driving distance then that's strange. Scrupulous adherence to the traffic law is "suspicious". Either way the police can stop anyone they want and require presentation of ID.

Posted by: elliottg at May 16, 2007 8:24 PM

elliottg might be fascinated to know there's a case pending in Orange County right now in which part of the officer's "reasonable and articulable suspicion" for the stop is that the Defendant was driving at "exactly the speed limit."

I am not making that up.

Barry

Posted by: Barry Winston at May 17, 2007 9:13 AM

I suspect Wyoming is the exception rather than the rule.

Posted by: Total at May 18, 2007 10:58 AM

Hmmm... "obeying the law."

Oddly enough, I have been carefully obeying the speed laws on my local streets and highways since I was stopped for speeding awhile back.

When I was pulled over for speeding -- and I was, the officer clocked me at 10 miles over the posted speed limit on the highway -- I was moving with the flow of traffic, driving "too fast" but safely, with no apparent potential to become the cause of an accident (I asked the officer about that).

Since then, I have been scrupulously observing the speed limit and I have been damn near killed about three times each month -- because I am driving too slowly compared to everyone else.

My experiment has persuaded me that driving at exactly the legal posted limit, even in the slowest lane of traffic, is unsafe because it is too slow for conditions ... the condition in question being that almost everyone else is driving 10-20 mph faster.

It's disturbing to hear that driving at exactly the posted limit is also grounds for being stopped.

Is there any behavior that wouldn't be?

I think traffic laws are often applied randomly (at best) and I suspect they are frequently used to generate revenue.

With kind regards,
Dog, &c.
searching for home

Posted by: Ghost of Joe Liebling's Dog at May 23, 2007 11:58 AM