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I want to limit my
remarks to the bizarro world of traffic sentencing including
Toledo, Maumee, Sylvania and other municipal courts that are
engaged in processing people who have broken the law.
I use the word,
“bizarro” to capture the flavor of what people say to their
attorneys or to the magistrates or to the judges when they
are asked to either make statements before the gavel is
lowered on them in the hopes that their statements will shed
some light on their conduct and thus result in a lighter
sentence.
First, the law states
the maximums and minimums that a judge has discretion to
impose on a miscreant. Their deviations from those
sentencing possibilities mean that they can be flexible but
only if you warrant a break.
Now, to be clear, in
traffic court, the judge can consider the facts that got you
before him or her and the judge can take human nature into
account because some traffic violations are clearly
explainable and were not intended to offend.
Once you have
discussed the facts with your legal counsel, it is his or
her job to package what you have said in terms that indicate
you were either not intentionally violating the law or that
what you did was harmless and no one was injured. Turning
right on red without a full stop first is a good example.
Judges do not like
people being hurt or injured by people who drive in a
careless fashion or do stupid things under the influence of
drugs or alcohol or speed through school zones.
One of the fastest
ways to incur the ire or wrath of a traffic judge is to: (1)
have a long traffic record that shows that you are thumbing
your nose at the system or (2) that your attitude is one of,
“So what, what is the fuss all about!”
Both are “No-no’s”
that will have you getting a max fine and sentence because
you are showing no contrition or remorse over the
infractions.
Judges are supposed
to be the conscience of the community and if your conduct
violates that conscience with an attitude of indifference,
you are in trouble, my friend.
Judges can go Darth
Vader real fast if, when you appear with a lengthy record
that bespeaks a person who does not want to get his act
together. The judge will accommodate you with a sentence
that shows that his “conscience” has been assaulted by your
inexcusable careless behavior.
Now, with the ability
of hidden cameras and stealth-like patrol cars, your driving
habits can be captured for viewing if you try to “lie it
out” with the court. Bad move, really bad move!
You would be surprised
at the alarming number of people who are driving on the
streets without either insurance or a valid license and have
repeatedly done so before they are caught.
And when they are
caught, invariably they may have a rap sheet so long that
even the judge whistles out loud at all of the prior charges
that demonstrate this person before him or her is still not
complying with the law about getting and keeping a valid
license with insurance.
Some courts are not in
the mood to reduce traffic violations of driving while
impaired to a lesser sentence because you were a danger to
yourself and others by such driving and also upon the belief
that you have done it many times before and only now you are
being held accountable. Karma will catch you!
There is something
footloose and fancy free about driving a car without
insurance and no license. After all, it means no
responsibilities and you are always thinking that you are
too smart to get caught like that other sucker who just got
pulled over.
The fees and court
costs and fines are deliberately high to serve as a possible
deterrent from that person trying that foolish conduct again
but it happens…all the time.
One can easily catch a
traffic offense, or two… but when the courts have a full
docket that is full of repeat offenders, mercy goes out the
window and the judge steps up to cool your heels with a
heavy fine or a license suspension.
So, a final tip
before your traffic sentencing: minimize any damages by
appearing on time, dressing appropriately, minimizing the
use of, “Yeah’s” and “Naw’s”; and take responsibility for
your acts and let the judge know that you have learned a
costly lesson and the judge won’t be seeing you again.
Contact Lafe Tolliver at
tolliver@juno.com
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