No Parking Baby

Posted in Traffic on Tuesday December 08 2009 @ 7:52pm

Challenge a traffic ticket in Indy and you may end up with extra fines.

That's one reason why one motorist is challenging traffic court procedure by suing the traffic court. The plaintiff seeks an order prohibiting additional fines, requiring the return of fines already collected by the court, and ending the practice of closing the courtroom to the public.

See Lawsuit Challenges Indianapolis Traffic Court Fines, Jason Thomas, Indianapolis Star (December 8, 2009).

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Could Happen

Posted in Traffic on Friday January 09 2009 @ 12:46pm

It could be that municipalities raise funds by issuing traffic tickets. Indeed, many people suspect the inverse proportionality of traffic tickets to economy. One economist, himself a victim (?) of traffic ticketry, conducted a study.

Thomas A. Garrett did find a relationship between falling government revenue and an increase in ticketing. He guesses that there is pressure to write more tickets to increase funding.

He may be right. We have not conducted any such study. But we do have a few misgivings.

First, the idea of a covert government conspiracy is amusing, at best. Anyone who has ever worked with or for the government knows that due to size, regulations, rules, and human nature, a massive conspiracy is almost impossible.

Second, there are many other reasons that tickets could increase as the economy tanks. Motorists can't afford to fix cracked windshields, broken signal lights, and other required maintenance. Substance abuse could increase as people get more stressed out. Veterans who served in Iraq are suffering numerous mental health issues, among them driving problems due to PTSD. Fewer drivers have insurance. They may not renew license plate or drivers' licenses on time.

We're not saying municipalities would never stoop so low. We just hope they resist temptation.

See Study Finds Another Reason to Hate Recession: More Tickets, Todd C. Frankel, St. Louis Post-Dispatch (January 6, 2009).

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Miss Trial

Posted in Traffic on Wednesday October 22 2008 @ 7:14pm

OK, OK, so we're about 26 hours too late on this but to the one (maybe) person out there who gives a hoot and hasn't heard, Britney's ordeal ended in a mistrial!

See the extraordinarily lengthy (for its topic) Britney Spears Case Ends in Mistrial, Harriet Ryan, L.A. Times (oh that explains it!) (October 22, 2008).

Judging from recent news, Miss Spears's case appears to be one of the few mistrials of late. The whole thing hinged on whether her domicile was California or Louisiana. The concept of domicile regularly shows up on bar exams, so it's not too surprising that a person (any person, we are not judging Miss Spears here, but particularly someone who may own more than one house in a single state, or who has family in various locations around the country) might be confused.

Either way, what a fabulous way to introduce twelve unsuspecting citizens to the court system! Several days in a traffic (!) trial where the sleb defendant doesn't show because she "doesn't like court" and/or is not competent to assist in her defense. Surely the jurors are all writing books about the experience as we write.

What will we talk about now? What will great legal minds ponder? How will law students of the future remember these times?

Fear not, Lindsay Lohan is being sued for battery, false imprisonment, emotional distress, and negligence (not to be confused with negligee).

See Lindsay Lohan Sued over SUV Chase, Joyce Eng, tvguide.com (October 22, 2008), and thank goodness for small favors.

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Oops!

Posted in Traffic on Friday September 19 2008 @ 11:09am

It's Friday, so we have a bit of armchair (or laptop) advice for Ms. Spears.

"Oops, I Did It Again" and "Toxic" may not be the best song title choices for Britney Spears (and don't get us started on "Blackout"). Neither is fighting a traffic ticket to the death in her best interest. Obviously, she has other problems -- we say (not that this is legal advice at all, mind you) take the traffic misdemeanor plea and run far away in those Jimmy Choo heels! (Meanwhile, Mr. Choo is probably wondering where the heck his shoes are.)

See Trial Set for Britney Spears in Traffic Case, from the always-reliable People (September 18, 2008).

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Storytelling in Traffic Court

Posted in Traffic on Saturday July 05 2008 @ 9:24am

Most people get a ticket, become irate, pay up, and move on. But some people do show up in court to contest. Who are they, and what do they want?

In L.A. (hardly a barometer for the rest of the world's traffic court, but interesting nonetheless), police issue about 1.8 million tickets annually. Fewer than 5% of these go to trial.

The ticketed are ticked but not so much that they will spend the time and money in court. They fear the trial process so mostly stay away. Even those who plan to contest often plea at the last minute.

But with hard economic times, rising fines, and stricter regs, more folks are putting up a fight. Some are even represented by attorneys.

What do they want? A chance to tell their story to a judge. Never underestimate the powerful release people, be they clients or co-workers or family members or parties before you in court, experience from venting.

This is what every party, from traffic court to common pleas to superior court on up, wants. Doug Van Epps got it right, though, when he wrote about what "your day in court" really means. (Note: can't find a link to this brilliant article anywhere, but will post as soon as possible.)

See When Fighting Traffic Tickets in Court, You Might Be Your Downfall, Victoria Kim, Los Angeles Times (July 5, 2008).

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What Does the Yellow Light Mean? Tenn. High Court Rules on Slow Driver

Posted in Traffic on Wednesday June 25 2008 @ 9:27am

How slow can you go?

If you've ever driven through Tennessee, you know that slow-moving vehicles are a rarity. You might even think they were illegal.

As if to prove our point that traffic cases are far more exciting and meaningful than anyone gives them credit for, the Tennessee Supreme Court ruled that going under the speed limit can be grounds for a stop if the driver impedes other traffic.

Effects to be considered include whether other traffic can safely pass the turtle, the maximum speed limit, the duration of the slowness, etc.

The case is State of Tennessee v. Richard Adam Hannah, Larry Darnell Penn and Tracy Lee Ray, No. E2005-02833-SC-R11-CD.

See State High Court Overturns Hamilton County Case on Slow Driver, The Chattanoogan (June 24, 2008), and Court: Police Can Stop Cars for Driving Too Slowly, AP, Knoxville News (June 24, 2008).

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L.A. Traffic Court: The Worser of Two Evils Just Got Better

Posted in Traffic on Tuesday June 24 2008 @ 9:05pm

What's worse than L.A. traffic?

L.A. traffic court.

The backlog, as you can imagine, resembles rush hour on a Friday afternoon. Arraignments only take a few minutes to process, but there are many, many cases! The court tends to 500-1000 in a typical month.

This month was the exception: 3000 cases were disposed of by buckling (ha) down. Temporarily vacant courtrooms were given the green light (ha again) to house traffic cases, thus speeding (wow, this is fun! So glad we just added a "traffic" tag!) up caseflow. The 3000 represents about a month's backlog.

See Traffic Relief in the Courts, editorial, Pasadena Star-News (June 24, 2008).

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Fine Locally: Wisconsin Town and Gown Court

Posted in Traffic on Tuesday June 24 2008 @ 8:55am

We love useful, creative solutions, so a new (to us) idea from Whitewater, Wisconsin, caught our eye.

Here's the problem: UW-Whitewater students are inconvenienced by having to go to another town to contest traffic tickets or pay fines in state court. They miss class and use too much gas.

The city of Whitewater and and the University of Wisconsin - Whitewater have proposed a joint municipal court solution. The court would be open after-hours and be located right in town. It would be convenient for students and University police alike. The University and city would keep fines and forfeitures that currently go to the county.

Seems like a win-win-win solution (except, perhaps, for the county).

The current municipal court will experience an increased workload estimated to be about 30%. If the work becomes too much to handle, a part-time assistant may be hired.

Approval from the state university system appears to be the only hurdle. If (when?) this occurs, the court will expand August 1.

Has anyone else ever heard of a town/gown court?

See Joint Court Could Be Just the Ticket, Kayla Bunge, Janesville GazetteXtra (June 24, 2008), which contains a nice "where does all the money go?" breakdown.

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