So I Got A Traffic Ticket Today
July 25, 2016 1:21 PM   Subscribe

Am I Worrying for Nothing?

I made a really dumb mistake, I admit that it was really dumb. But towards the end as the officer was handing me my ticket, he said that my mistake could be seen as a misdemeanor in traffic court and that I could be booked for that. So, of course it scared me, and I am a really anxious person so now I'm imagining all the worse case scenarios possible (going to jail, losing my internship because of that etc).

Basically, I was at a stop light. There were a few cars ahead of me. The car ahead of me was a big car who was behind a "Keep Clear" area and he went ahead. I thought the light had turned green so I also went ahead but then I realized that the light had not turned green and I gauged the distance wrong and I would be blocking the said "Keep Clear" area. I did not want to be in the way since that area gets congested (especially on weekday/Monday mornings) so I went around but there were 2 double yellow lines to my left and I went over them. The cop saw it all and he pulled me over right after.

I got cited for a cvc 21460(a) which says: When double parallel solid lines are in place, no person driving a vehicle shall drive to the left thereof, except as permitted in this section. He said that was technically considered driving on the wrong side of the road (there were no cars on the other side at the time) and that's what makes it a misdemeanor.

So, this is my first traffic violation ever. I'm in California, I'm 26, nothing on my record, have had a license for over a year - and well, am I worrying for nothing? Also, is this all just more incriminating to say during traffic court and make it more likely for me to get in trouble? I want reassurance that I'll be okay but I also want to know what might realistically happen in my case.
posted by Trusted Sidekick to Law & Government (15 answers total)
 
Why would you go to traffic court rather than just paying the fine?
posted by erst at 1:28 PM on July 25, 2016 [2 favorites]


What is your question?

You are not disputing any of the facts presented here. All the indications you've given indicate you violated the law. Hence, you received a ticket. You were not arrested - you would have known if you were.

Pay your ticket. It's what adults do.
posted by saeculorum at 1:34 PM on July 25, 2016 [6 favorites]


Last time I got a ticket in California (which was prior to 2003), a first time offender such as yourself could pay to go to "traffic school" which costs more than paying for the ticket itself and requires an investment of your time but has the advantage of keeping the ticket off of your insurance.
posted by elmay at 1:34 PM on July 25, 2016 [6 favorites]


Best answer: Yeah this is something that is going to happen every so often when you are a driver (hopefully not often, but everyone's going to get one sometime.) You will make a mistake and a cop will ticket you for it.

You'll get a document in the mail in a few days that gives you your options. It will include a list of traffic schools, or maybe it's a link to the list, I don't remember. Anyway, you send them a check for the fine, and you choose an online traffic school - I used one called I Drive Safely, it was great - and you complete the course while watching TV some Sunday afternoon. They notify the traffic court that you completed it. It's not a big deal.

(Not sure why you are thinking about traffic court. Cops do show up and it doesn't sound like you dispute the facts. If you lose, and you will, you'd still have to pay, but with a lot more inconvenience.)
posted by fingersandtoes at 1:40 PM on July 25, 2016 [1 favorite]


Best answer: You're not going to go to jail unless you don't pay the fine and/or do whatever they tell you do (e.g. traffic school as above). Unless you get a summons to go to court, I wouldn't bother. You admit you're guilty so they'll charge you the fine PLUS court costs, which in Illinois are about $150.

I did go to court when I was caught speeding in Illinois, because I didn't want the points on my license (which would have caused my insurance to go up). I told them basically what you said - this was my first offense, I was really sorry, blah blah. NO LIES, and no excuses, but just look contrite and sad. I still had to pay the speeding fine and court costs, but they put me on a sort of probation (if I didn't get any other tickets for a year, it wouldn't be reported to insurance).

Anyway, that was Illinois and you're in California, so I'd look at the impact to your insurance rates. That's the only reason to go to court (besides a summons). It is ridiculously unlikely that they will jail you.
posted by AFABulous at 1:53 PM on July 25, 2016


Response by poster: Thanks all, yeah, I think I was just confused and very anxious. I've never been pulled over before and he just made it sound like it was going to go to traffic court - which is why I was confused. He was also assuming a lot of things.

He was asking me who I was on the phone with. I was definitely not on my phone AT ALL. He said he had seen something in my right hand, holding something up to my face but I told him my phone was clearly sitting on it's dock well away from my face. My purse and backpack were in the backseat so I couldn't have been fidgeting with anything else. He also said my parking pass was obstructing my view and that was also a violation of the driving rules. I realize all of that is probably some sort of police tactic but that just made me more anxious. I thought he was going to add a whole bunch of other infractions on top of the one I had obviously committed.

Like I said, I'm an anxious person, my mind went straight to worse case scenario.
So thanks to you all, I feel a lot more relieved.
posted by Trusted Sidekick at 2:09 PM on July 25, 2016 [1 favorite]


As I read the OP's question, they're not asking about whether they deserve or can avoid a ticket, they're asking whether the cop was just trying to scare them by saying it was a misdemeanor and they might end up in court or jail or debt, not just paying a standard traffic-sized fine. And to that I say yes, the cop was just trying to scare you.
If you can just pay the fine instead of going to traffic court, do that. If you get a summons to court (which is what he was threatening you with, probably a "convince this kid it's a serious thing to be not paying attention" kind of jerkitude) then you go, and in my not-even-a-lawyer opinion, there's nothing that you've written here that would be more incriminating or more likely to increase the charges or punishment to the unreasonable "driving on wrong side of road, endangering others" misdemeanor charge. You were confused and couldn't see, and made a decision that you thought was the safest thing you could do (i.e. block an intersection or drive on the wrong part of the road to get out of the way), but the cop either disagreed with your interpretation of which would be safer, or you would have been screwed either way. The lesser of two evils is still evil? But in either case, you're "at fault" but not malicious. Often, it's only if you were acting aggressive, claiming you'd done nothing wrong, you didn't do what the cop saw, saying the cop was wrong, saying the law was wrong, etc, that they would be likely to try to teach you a lesson.

As AFABulous says, contrite and sad goes a long way.
posted by aimedwander at 2:24 PM on July 25, 2016 [5 favorites]


IA most emphatically NYL but the cop was full of shit. CVC 21460(a) is a regular ol' infraction, not a misdemeanor. Just a ticket.

For some reason this kind of theater is common... they can't just write the ticket and get along with their day, they have to bully and remonstrate. Sorry it freaked you out. Let's all be careful out there.
posted by fingersandtoes at 2:33 PM on July 25, 2016 [6 favorites]


Yeah, the cop was fucking with your head and fishing for more things to fine and/or arrest you for by telling you lies about how he saw this or that or how this or that was technically another offense and you should be grateful he's not arresting you and blah blah blah. It's a power game they play to rattle you and try to get you to confess to something or say something that will allow them to continue their line of questioning until they do get a confession or uncover some evidence that you've done something more serious. You did fine by categorically denying that you were guilty of any of the things the cop was suggesting you might be guilty of, rather than offering excuses that might be used as a wedge to keep pushing you, or agreeing with him (admitting guilt) in hopes of placating him.

He was being a dick. Cops are allowed to be dicks to you like that, it's standard treatment when you get pulled over. They're not all helpful and concerned about public safety, they treat you like scum and play games with your head at best. It's shitty, especially because of the gigantic power imbalance involved, but all you can do is create a polite wall of denial and refuse to rise to the bait, which it sounds like you did. I'm sorry you feel rattled; it's a harrowing experience even when they play by the rules and even when they don't get you for anything. They play ugly mind games with you, and to a certain extent you need to just sit there and take it and just hope that they find you uninteresting enough that they don't take it very far. Nobody feels good after that experience.

Do something nice for yourself to soothe yourself. You sound really anxious, which is a totally normal and understandable reaction to being fucked with like that. Take care of your feelings and try not to beat yourself up over it. You did fine.

The ticket, now, that you'll have to pay. And you might have to do driving school. Whatever, you did fuck up and a cop saw it and he didn't let you off with a warning. It happens to the best of us. A ticket isn't the end of the world. Don't let that cop get inside your head.
posted by Anticipation Of A New Lover's Arrival, The at 4:02 PM on July 25, 2016 [4 favorites]


The leading question about who you were on the phone with is a perfect example. He didn't see that you were on the phone, but you might have been and you might be scared enough to not be thinking straight and you might have blurted out "my mom!" or something like that in which case boom, free confession and he gets to write you up for something that he never even saw. The "I saw you were holding a rectangular object against your head" line was just a follow-up, pushing you a little harder in hopes that you'd crack. You didn't, and he didn't have anything after that, so he moved on to something else.

See what I mean? Even if you had been on the phone, the best thing you could have done was to deny it. Your natural impulse in that situation might be to admit it but offer an excuse, like "It was my mom but it was just for a second and it's because she has terminal cancer and I thought this might be my last chance to talk to her ever!" but all the cop cares about is that you just confessed, taking it from a he-said-she-said situation to one where he can say in court "when I asked the offender who she was talking to, she admitted that she was talking on the phone to her mother." The police don't care about your excuses and reasons, they only care about whether or not they can get you for breaking the law. They are allowed to lie to you in order to try and get a confession, and they will. They will tell you baldfaced lies that seem all the crazier for coming from someone who is supposed to be helping uphold justice, and if they get that confession then that's all that matters.
posted by Anticipation Of A New Lover's Arrival, The at 4:15 PM on July 25, 2016 [6 favorites]


Trusted Sidekick: "He also said my parking pass was obstructing my view and that was also a violation of the driving rules. I realize all of that is probably some sort of police tactic but that just made me more anxious."

This is one of the things a few of the local cops have a pet peeve about. Here anyways, and most places are similar, it's illegal to have anything hanging from your rear view mirror if it extends past the edge of the mirror. A buddy got a ticket for having a St. Christopher medal hanging from his mirror and another for his parking pass which in this case was like a 2x3 inch card that barely extended past the mirror. Cops also use these sort of bullshit technical violations to harass people driving while black; teenage male; biker; etc.

Best thing is to always remove the placard from your mirror while driving as inane as that seems and be happy you didn't get an add on fine for it in this case.
posted by Mitheral at 4:27 PM on July 25, 2016 [2 favorites]


Response by poster: Thanks all. Your comments have made me feel much better! Especially the Self-Care advice. Yes, I was rattled but I am now happy and relieved to know that it wasn't all in my head - and that perhaps the officer was using some intimidation/scare tactics.
posted by Trusted Sidekick at 6:07 PM on July 25, 2016


I'm glad you're feeling better about this! It seriously doesn't have to be that big of a deal. Worst case scenario: you pay a big fine and then your insurance rates go up.

But it's also not a terrible idea to chat with a lawyer about after you get your citation in the mail. Yes, lots of times showing up in court and acting remorseful will help get you something more lenient (sometimes a lowered fine, sometimes, a chance to keep it off of your record--- good for insurance rates). But a lawyer in CA (preferably, a lawyer in the county in CA in question) will be able to tell you for sure how best to increase your chances at the best possible outcome.
posted by sparklemotion at 6:28 PM on July 25, 2016


Why would you go to traffic court rather than just paying the fine?

Why wouldn't you, assuming that it's not really inconvenient to do so?

I mean, by all means look around online to find out what traffic court in CA and your specific municipality or county are like; it's possible that they have reputations for being real assholes. But at least in most of the US, the fine on the ticket is the very worst thing that can possibly happen to you and it's very likely that just by being inconvenient enough to actually show up they will immediately switch the charge to some sort of parking violation with the same fine or otherwise toss you a bone to get you to agree to write them a check. It's also possible if you're contrite and white enough that the judge(-oid) will just dismiss the offense, suspend the sentence, or continue prayer for judgment or some equivalent procedure.
posted by ROU_Xenophobe at 5:21 AM on July 26, 2016 [1 favorite]


Why wouldn't you, assuming that it's not really inconvenient to do so?

Exactly. Unless the traffic courts in your area have a bad reputation, I'd go if possible. It's much more likely to work out in your favor if you can go to court. Even if your citation isn't dismissed, it's possible that your fine could be reduced or you could work something out with the cop or the court. Where I live, the traffic court is surprisingly polite, informal and congenial - it's a very cooperative process. Cops often work the issue out with the person and dismiss the citation if the problem was fixed or walk the defendant through the process of deciding how they want to plead. I've seen $200+ fines for basic speeding tickets (less than 20 over) reduced to $80. More than one cop didn't show up and the people in those cases had their citations dismissed with no court fees (though you shouldn't count on that, obviously).
posted by i feel possessed at 9:55 AM on July 26, 2016


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