Following is a lengthy post about my experience in traffic court yesterday. Some of you may find it boring, so I didn't want to flood the entire main page with it. Short story: "Deferred finding." Long story...
View/Hide the expanded post.
Due to the bus schedule I arrived roughly 20 minutes early for my 10:00 court appointment. This gave me the opportunity to witness a few cases. I was in the King County District Court, room E-341, with Judge Mark Chow residing. Apparently everyone whose ticket involved a collision is sent to this court.
In the first case I was present for, a lady who was in the middle of a three-car rear end collision on I-5 was contesting a ticket for "following too closely." She rambled on for a long time, basically saying nothing more than "I think I only felt one impact" and more or less claiming that she was pushed into the car in front of her by the SUV that hit her and then fled the scene. She presented a—shall we say—less than compelling case, and yet the judge dismissed her ticket.
The next case was a lady that rear ended someone on I-405 in stop-and-go traffic and was ticketed for "speed too fast for conditions." The best she could come up with was "I didn't have time to stop," and when pressed on why she didn't have time, she said "I might have been distracted." Her citation was not dismissed, however she was offered a reduced fine or a deferred finding (more on those later).
Next up was a gentleman that was ticketed for failing to provide proof of insurance. He admitted to not having insurance, so the judge asked if he had been ticketed for no insurance before. He said that he had not. Then the judge pulled up his record and found out that—what do you know—he had; in '02 and '04. He was ordered to pay the full fine of $538. Ouch. This was the only case where the infraction was not dismissed or the defendant offered a reduced fine or deferral.
The 10:00 session didn't actually start until 10:25, at which point the judge called roll. Two of the individuals in the group were non-English speaking, and had interpreters. They both got to go first, simply because they had the interpreters. The first one was ticketed for "improper lane usage" and had hit the side of another vehicle. For some reason, he decided to subpoena as a witness the driver of the other vehicle. On the stand, this driver explained that they were at a full stop when suddenly the defendant's truck was implanted in the driver's side of their vehicle. The defendant brought photographs that for some reason didn't even show the scene of the collision, and tried to claim that the other driver somehow hit him. The judge didn't buy it, but because of his good record gave him the reduced or deferred option.
The next guy barely said anything. He basically just told the judge that two cars collided ahead of him and he couldn't avoid hitting them. The judge agreed, and dismissed the charge.
The last to go before me was a lady that brought a lawyer along, and to be honest the lawyer was talking so much legalese I'm not really sure what the charge was or what was going on at all, but whatever it was, it was dismissed.
Finally at about 11:00, it was my turn to go. The basic outline of my case was that the state is required to "prove by a preponderance of the evidence" that I committed the infraction of driving "at a speed greater than is reasonable and prudent under the conditions." Given that the state troopers arrived on the scene after the fact, and given that there are multiple plausible ways to lose control of a vehicle despite traveling at a safe speed (oil slick in the road, tire blowout, evasive maneuvers after being cut off, violent sneeze, etc.), the state can offer no such evidence (because I wasn't driving "too fast for conditions"). Therefore the infraction must be dismissed.
I attempted to give the judge a copy that I had prepared of the outline of my argument, but he refused to accept it, stating that it was "too long." I made my case, and he basically said that the fact that my car was wrecked was circumstantial evidence and was proof enough. Apparently Judge Chow could not possibly fathom that there are other ways to lose control of a vehicle. End of story.
The two options that were offered to me and others were: 1) Pay a reduced fine of $40, and the ticket goes on your driving record. 2) "Deferred finding," which basically amounts to a state-sanctioned bribe. If you pay a flat $100 fee and don't get any tickets for the next 12 months, they let you off. It's a codified version of Mexico's "slip the officer a few $20s and be on your way." Since I value having a clean driving record, I selected the bribe option.
Obviously I'm frustrated that the judge was unwilling to reason with me, but there are a couple of things that particularly bug me about the whole ordeal. It's not really the money that bothers me. Sure, it sucks to flush another hundred bucks after I already tossed $500 (the value of the wrecked car) and $150 (the towing fee), but to be honest $100 isn't all that much money to me anymore. What really bugs me is that Judge Mark Chow is basically calling me a liar. The fact that I was intimately familiar with the handling capabilities of my vehicle of nine years, and I knew for a fact that I was not traveling at a speed greater than was "reasonable and prudent under the conditions" didn't matter one iota. That is an unacceptable assault on my honor, and I really didn't appreciate it.
Furthermore, I realized something yesterday afternoon as I pondered my experience and the other cases that I witnessed. I realized that every one of them followed a simple pattern:- Judge Chow reads the defendant the accident report.
- He listens to the defendant's explanation.
- He asks a few questions, converses with the defendant for a short time.
- He makes his ruling based entirely and solely on the accident report.
Before this pattern dawned on me I was really confused how a few of the people ahead of me were able to have their ticket dismissed when they offered weak or virtually no explanation for their actions. Once I realized the judge's method of operation though, it frustrated me even more. Why bother wasting time with the whole charade at all if the judge isn't really considering what you have to say? I could have worn my "blame the flying monkeys" t-shirt, and even used the "blame the flying monkeys" strategy, and the outcome would have been no different. It's not that I really had all that much faith in the justice system to begin with, but I guess now it's approaching zero.Sure, I could prepare a more rock-solid and convincing case and defend my honor with an appeal, but what's the point when there's really no reason to believe that another judge will listen to me either? So rather than spend another $240 on an appeal, I'm venting my frustrations here. Although the official government "public records" may show that I committed this infraction, this public record contains the truth of my innocence.
All in all it was a very disappointing experience. Fate knocked me to the ground and the so-called "justice" system kicked me in the gut while I was down. At least nobody/nothing was hurt except my crappy car and my honor.
Hide the expanded post.