Holiday “Insider Tips” to avoid a traffic ticket
Tracy P. Jong
The holidays bring increased police presence on the roads to keep motorists safe in a season known for slippery roads, increased traffic, distracted drivers and alcohol consumption at holiday celebrations.
In monitoring traffic, road patrols will look for observable violations as a reason to pull you over and determine if there are more serious violations (such as drinking and driving) occurring. The police not only look for a lack of safety restraints and the use of cellular telephones, but they also look for things like air fresheners or rosary beads hanging from your rearview mirror or items adhered to your front windshield. GPS units, decals or hands-free devices should not be affixed to the windshield because they can obstruct the driver’s view. These violations can give the officer a reason (“probable cause”) to pull you over. If you do get pulled over, there are some things you can do to decrease your chance of being issued multiple violations. Officers appreciate when you make the traffic stop a “safe” environment. By taking some simple steps, you can enhance the safety of the situation for everyone and increase the likelihood that the officer will use his/her discretion to “go lightly” or issue a “warning” rather than a summons. To make the officer feel safe, you can:
- Roll down all of the car windows.
- Turn on the interior lamps.
- Keep both hands on the steering wheel at “10 and 2”.
- Do not take off your seatbelt until the officer approaches your vehicle.
- Do not reach over to the glove compartment to get your registration until the officer is there to observe you do so (you could appear to be reaching for a weapon).
- Do not exit the vehicle.
Another often-asked question is whether to take a breathalyzer. The answer depends on many factors, and there is no “one size fits all” solution. If you plan to decline the breathalyzer, you should also decline the field sobriety test. Keep in mind that declining to submit to these tests now means 12 months of a suspended license (increased from 6 months).
If you do have to appear in court, bringing a copy of your driving abstract can be helpful to demonstrate you are a good driver with a relatively clean record. You can download your personal driving abstract from the DMV website if you have a credit card in the same name and address. Should you plead guilty and just pay the fine? If you appear in town court, you have a good change at a plea bargain. Arguably, you chances are better with an attorney arguing for a good deal. On the other hand, if you are in the City of Rochester’s traffic violations bureau (TVB), you should be prepared that there is generally no plea negotiating. Almost every “not guilty” must go to trial.
Drive safely, enjoy the holiday season, and do not drive if you have had more than one drink over an hour. Call a taxi or a friend. A DUI charge will be a $5,000-$10,000 ordeal just to prove you were under the legal limit.
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