Whenever I go to a party or other social function, I inevitably end up in a conversation with somebody about a traffic ticket they received. There is such misunderstanding and misinformation about traffic tickets that I end up in a protracted explanation of traffic enforcement as a whole. There are so many myths and misconceptions out there that I thought it might be nice to put some things out for all to read. My intent is to break this up into a series. The following is the first segment.
Traffic ticket myth and fact: PART 1
Last July, the traffic fines in the state of California went up sharply. Other states are also adopting the same sharp increases as a means of gathering “revenue” in this crummy economy. As a result, I have noticed a sharp increase in the number of people taking the matter to traffic court. With fines in the $300, $500 or even $700 range, it’s no wonder that people are trying to find any way to beat the ticket or simply have the fine reduced.
The following is a little “truth” about traffic tickets that you might not know. Please feel free to add your 2 cents. I will respond to all comments and emails.
MYTH 1 Cops enjoy giving tickets.
Most cops do not enjoy giving traffic tickets. Let me repeat this…. It’s true; most cops do not enjoy giving traffic tickets. This may be hard to believe if you have ever been on the receiving end of a citation. But it really is true. Most don’t. Most cops would prefer “catching criminals”. The traffic stop for a vehicle code violation often puts a cop in contact with an otherwise law abiding person. That person may even have a positive or favorable view of the police. They may have committed some thoughtless violation that we have all done at one time or another. It is true that infraction citations (95% of vehicle code violations are infractions) are discretionary. Meaning, an officer can issue a citation or a warning. So, why do cops issue citations? Here is some insight:
There are basically 2 kinds of traffic tickets: We call them “Movers” and “Mechanicals”. Mechanicals are equipment violations most often associated with the vehicle itself (inoperative headlight, expired registration, loud exhaust, tinted windows, etc). These are correctable and can have no fine if fixed within a designated time frame (usually 10 to 30 days). There is sometimes a nominal paperwork processing fee associated with these ($10 to $25 depending on the jurisdiction). “Movers” are non-mechanical violations, but depending on the violation may or may not be a “point” on your driving record. There are basically 2 kinds of “Movers”: PCF violations and all others. PCF strands for Primary Collision Factor and it is the essential cause or finding for traffic crashes. Failing to yield and speed are some of the most common PCF violations.
There is a ton of research to indicate that there is a direct correlation between an increase the volume of traffic citations and a decrease in traffic accidents. That is the ultimate goal of the officer; to decrease traffic accidents and thus increase public safety. The myth that the officer is trying to generate revenue for the city or county is false.
MYTH 2: Cops write tickets to raise revenue for the city or county.
The Vehicle Code is state law. Traffic fines are set by the state. In California for example, the jurisdiction issuing the citation receives only a very small percentage of the fine amount (approximately 7%). The rest goes to the state. Some goes to the court system (again, a state function) and the rest to the general fund. So the idea that the cop is writing tickets to boost the city coffers is a myth. In reality, the money generated by the fine from a citation is far less than it costs to pay the cop to find, stop and cite the violator.
FACT 1: Attitude matters. Lying and defensiveness will only hurt your cause.
When a cop makes a traffic stop, the underlying purpose or mission is to change behavior. For example if the driver is speeding, the officer is merely trying to get the driver to slow down. If the cop believes that the behavior will change, the mission is accomplished and the ticket may not be forthcoming. The purpose of a traffic ticket is to compel the driver to change the behavior. A sure way to talk your self into a ticket is to lie about the behavior. If you were doing 60 in a 45 zone don’t insist that you were doing 45 when asked by the officer.
The lies are partly just a natural defense mechanism to getting caught doing something wrong. So, we partly take into account this natural reaction and attribute it to a consciousness of guilt. But lying about your speed or the color of the traffic light or anything else for that matter also makes one of the following statements to the officer. Either that you are asserting that the officer is lying about it, or that you are so unaware of what you are doing that you truly believe you have done nothing wrong. Neither of these bode well for you. Remember, the officer is trying to change behavior and correct a problem. If you are honest and offer some plausible reason or excuse, the officer may form the opinion that the problem has been corrected and a citation is not required. Lie and you are telling the officer that you require a fine to help motivate you to change the behavior. Cops appreciate and respect honesty. We rarely get it.
MYTH 3: Cops are out there hammering drivers all day long.
Most cops make very few traffic stops and write even fewer citations. Let me explain:
Cops have a number of different assignments within the agency. Many of these assignments are in uniform and in a marked police vehicle. The average citizen seeing a police car driving down the street has no idea what the particular assignment of that cop might be. There are full-time “Traffic officers” but they are a very small percentage of the overall police force. There are also Patrol officers, DARE, Juvenile officers, Community Resource officers, School Resource officers, Gang officers, and on and on. We have a number of duties within each assignment. So only a very small amount of the overall workday of a very small fraction of the officers that you see may be involved in the enforcement of traffic violations. Most cops, unless looking for pretextual stops, (see the next installment for the meaning of a “Pretext Stop”) will only stop the most egregious violations that happen to occur right in front of them. They are otherwise working on or doing other things.
MYTH 4: Cops have to generate a certain number of tickets (Quota).
There is absolutely no validity to the myth that cops have quotas and must issue citations to meet those numbers. In fact, quotas or any numerical “expectation” are completely illegal. The police union and the police administration act to check and balance against each other. If the police administration begins looking at the number of citations generated as a means to discipline or reward officers, the police union will call foul and make it stop.
Stay tuned for PART 2…..
