reasonable prudence - what should I do?

[dave5872]

What is the name of your state (only U.S. law)? Alabama

I received a traffic citation for "reasonable prudence". I have done a little research and discovered that this doesn't necessarily mean that I was violating the speed limit or driving in such a way that would likely cause an accident, but I was driving in such a way that a "reasonable and prudent" person would not. Before I give my account of the facts surrounding, I have driven almost 22 years now and only received one speeding ticket and that was a number of years ago. I believe this provides evidence that I am not a person who habitually violates rules of the road or takes them lightly. Now for the facts. I was driving along a somewhat moderately travelled West Birmingham road with one lane for each direction of travel. I was driving somewhat slower than the typical car drives on that road, in fact two cars in front of me had left me behind and disappered ahead. The trouble began when a car caught me from behind and began to follow me at a distance which made me feel uncomfortable. I admit that I am more sensitive than most in terms of cars following me closely. I don't believe there was any way that car could have avoided hitting me if I had to stop suddenly. Usually in a situation like this, I attempt to pull off onto the shoulder and motion for the car to go around me, but there wasn't a place nearby that I felt comfortable doing this. After a couple of miles, I began getting agitated and speed up to the speed I usually see cars driving on that road in hopes that the car would give me more of a cushion. I then discovered that the car behind me was a police car because he turned on his lights and pulled me over. Now for my opinion. I believe that when I sped up, the policeman thought I was doing it because I had something to hide (such as driving under the influence since it was a Friday night) and panicked because a police car was following me. I think this may have been the main reason he pulled me over. I believe that after I sped up, I probaby was going over the speed limit but I was inside of the customary "window" that people are allowed to drive on that road. The fact that he didn't write me a ticket for speeding or even note my speed on the citation helps convince me that he never knew my speed and pulled me over for another reason. After he discovered that my car and my record were "clean" and found no evidence of me being impaired, he still wanted to write me a ticket since he had already gone to the trouble of stopping me. However, without knowing how fast I was going he wrote a ticket for the only thing he could, reasonable prudence. I read that it is a very broad offense that seems to be primarily a judgement call and it is very rarely used and therefore requires a court appearance. The way I see it, since I have to go to court anyway, I might as well tell my side of the story. Since I don't have to prove that I wasn't speeding, but that I wasn't driving in a way that a "reasonable and prudent" person would not, it seems like I have a better chance of beating this. Even after I sped up, I was driving at the speed that
most of the other cars on that road drive, even if it was a little bit above the speed limit. What do you think? Would it be beneficial for me to hire an attorney?

[FlyingRon]

Speeding up is not the way to deal with tailgaters. It won't wash in court.
There is no such legal issue as a "window." The ticket is a speeding ticket, it's just not the prima facie limit ticket. It's not an indication that you were less guilty.

[Zigner]

Originally Posted by dave5872

I have driven almost 22 years now and only received one speeding ticket and that was a number of years ago. I believe this provides evidence that I am not a person who habitually violates rules of the road or takes them lightly.

Nope, it just proves that, for almost 22 years, you haven't been cited for anything except a speeding ticket a number of years ago.

[dave5872]

Originally Posted by FlyingRon

Speeding up is not the way to deal with tailgaters. It won't wash in court.
There is no such legal issue as a "window." The ticket is a speeding ticket, it's just not the prima facie limit ticket. It's not an indication that you were less guilty.

Why didn't he just write me a speeding ticket?

[dave5872]

Originally Posted by Zigner

Nope, it just proves that, for almost 22 years, you haven't been cited for anything except a speeding ticket a number of years ago.

Why is it that a poor driving record can be used against you, but a good record cannot be used to your benefit?

[seniorjudge]

Originally Posted by dave5872

Why didn't he just write me a speeding ticket?

What did he answer when you asked that question?

[Zigner]

Originally Posted by dave5872

Why is it that a poor driving record can be used against you, but a good record cannot be used to your benefit?

I didn't say that. All I did is correct your mistaken belief that not receiving a ticket somehow proves you obey the law, generally.

[dave5872]

Originally Posted by seniorjudge

What did he answer when you asked that question?

I didn't realize he was writing a ticket for something other than speeding so I didn't ask. It seems like his job would be much easier if he had written it for speeding. I think he really didn't know how fast I was going. What do you think about the attorney question? Do you have any idea what I should expect in court? Should I go at it alone?

[seniorjudge]

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

Leave your cellphone in your car.

Here are five stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)


Public defender’s advice
[url=http://newyork.craigslist.org/about/best/sfo/70300494.html]best of craigslist : Some Advice From Your Public Defender[/url]

[dave5872]

Originally Posted by FlyingRon

Speeding up is not the way to deal with tailgaters. It won't wash in court.
There is no such legal issue as a "window." The ticket is a speeding ticket, it's just not the prima facie limit ticket. It's not an indication that you were less guilty.

It seems to me that what you say about the "window" would apply if I were trying to defend myself against a charge of speeding. However, it seems like since I would be attempting to show that my actions were not different than the actions of a "reasonable and prudent" person it would not. The fact that I was driving the speed that the majority of people drive on that road should be significant here based on what I am trying to defend myself from. Again, it just appears that he made his job a lot harder by writing the ticket this way. Basically, I am planning on telling the judge the truth and hope for leniency. Is there anything wrong with this logic?

[FlyingRon]

Originally Posted by dave5872

Why didn't he just write me a speeding ticket?

It *IS* a speeding ticket.
You can get R&P even going below the prima facie limit, but your own admission, you were speeding. "Every body breaks the law" is not a defense to R&P violations or anything else.

[LSCAP]

I would go to the library. They have both the section of law and previous incidents that are now necessary.
For instance, speed alone is seldom the only requirement for this type of offense.
I would also consider talking (pleading for mercy) to the DA (usually an assistant to the DA) about what happened.
Most, not all, courts allow you to do this before the “Not Guilty” cases are called.
If not, they often allow you to talk to them, with permission requested, after your name is called.
Since the courts want our money, he may let it be reduced to a non-moving violation. That is if he doesn’t throw it out.

Diplomatically explain to the DA; I was worried because he was too close to my bumper, and when I speeded up he continued to stay too close. It’s only one lane in each direction, what else could I do?

And YOU ALWAYS drive at a safe speed and haven’t been in trouble in over 20 years.

And YES, “everyone else is breaking the law” is a bad idea. (read that as terrible excuse)

On a personal note, I’ve seen cops do this “pushing your speed” stuff before. It sucks!!
And before someone yells at me for saying that. A new partner tried that and I went ballistic.

[The Occultist]

Originally Posted by seniorjudge

Public defender’s advice
[url=http://newyork.craigslist.org/about/best/sfo/70300494.html]best of craigslist : Some Advice From Your Public Defender[/url]

Yo SJ, your link died

[dave5872]

Originally Posted by FlyingRon

It *IS* a speeding ticket.
You can get R&P even going below the prima facie limit, but your own admission, you were speeding. "Every body breaks the law" is not a defense to R&P violations or anything else.

Yes, I did drive a little faster than the limit. If the ticket had said "speeding" I most likely would have gone home and cursed and kicked the dog and paid the fine even though I sort of feel like I was the victim of a dirty trick. However, by no stretch of the imagination did I do anything worth more than a standard speeding ticket. I am just unfamiliar with this R&P thing. So nobody thinks I need an attorney?

[seniorjudge]

Q: So nobody thinks I need an attorney?

A: Never go to court without a lawyer.