Driving Freedoms - National Motorists Association

More documents

Recommendations

Info

Spring 2011Driving Freedoms10Two Cases, Two Strategies, Two Victories in Traffic CourtSigns of aCommon-Sense Defenseby Rod, NMA Arizona MemberA friend and I decided on a latenightsupper out. We arrived to findthe restaurant had just closed. Closeby was a fast-food place across a bigboulevard. I headed east after crossingfour lanes to get to the fifth − a leftturn-onlylane. When the left turnarrow switched to green, I pulled a U-turn, and then a right into the fast-foodjoint.Moments later, I was stopped andticketed for the U-turn. I told the cop Ithought U-turns were legal in Arizonaunless posted. He said I was correct,but that the intersection was marked. Iasked him to show me. We walked ½block, and yep, on a horizontal bar overa go-straight lane was an unlit “no-Uturn”sign between two bright trafficsignals.I measured and took pictures thenext day and night. The unlit sign wasseventeen feet off of the ground, thirtyfivefeet to my right. When I made theU-turn, I had concentrated on the trafficsignal on the opposite corner, to myleft. I made an enlarged night photofrom what had been my viewpoint. Youcould barely make out the sign. I wentto court. My friend testified that fromthe passenger seat, he too had no ideathe sign was there.I cited the five fundamental criteriafor regulatory signs in the Manualon Uniform Traffic Control Devices(MUTCD): 1) Fulfill a need, 2)Command attention, 3) Convey a clear,simple meaning, 4) Command respectfrom travelers, and 5) Give adequatetime for proper response.I noted to the court that the signin question failed to meet three of thefive requirements! I introduced mynight photo plus another of an identicalintersection only a couple of miles fromwhere I was cited. That intersectionhad a second “No-U-Turn” sign on theopposite signal post. I stated that if theCity deemed a second sign was neededat that intersection, one should havebeen present at “my” intersection. Ialso noted that if a second signal post isneeded, a second sign should be also.After being found “not responsible”(the judge complimented me),the cop came up and said that after myperformance, he was glad my case wasnot a lawsuit against the city for a crashcaused by a poorly marked intersection!Soon a second “No-U-Turn” sign wasinstalled on the opposite signal post– BUT – only eastbound. The samesituation still exists going west…Exercising My Rightsby Sasha Lanz, NMA Texas MemberAfter checking with the NMAto make sure I was covered by theirTraffic Justice Program if I lost mybattle, I went to my traffic courthearing to fight a ticket for doing 61mph in a 40 mph zone.I thought I was pretty safe, sincethe speed limit posted where I got theticket was 45 mph. If the officer can’teven get the posted speed limit correct,how can we trust him to do the rest ofhis job properly?Besides, I was cited for speedingon a freeway exit ramp, with the 45mph sign within sight of the officer’shiding place. He clocked me in thevicinity of the sign, and if he pushedthe button on the radar gun just beforeI reached his position, 60 mph wouldhave been a legal speed. Surely theywouldn’t convict me for 1 mph over.I was in traffic court before 1:30p.m. along with about 50 other misdemeanormiscreants. The first thing thathappened was dismissal of the chargesagainst everyone in the room who wasrepresented by a lawyer. I didn’t pay tobe represented, knowing that the NMAhad my back if I lost.Several people agreed to deferredadjudication ($150 fee) or probation($180 fee). Four of us were left to goto trial, and it was 4:30pm. The officerwas available, but they still had toimpanel a jury. So they began the hardsell to be tried by the judge, insteadof a jury. That was my preferenceanyway, and the others finally gavein. The judge told the prosecutors toprepare the paperwork, and then sentfor the officer.“Mr. Lanz, please see the bailiff.”So I walked up to the front, where Iwas told that my case was dismissed.Nearly 5:00 p.m. and I had out-waitedthem. I suppose they all wanted to gohome, and looked for the most likelycase to get rid of, or maybe the 40 vs.45 vs. 60 posted speed limit questionwas the key.Perhaps it was that I was the onlydefendant in a suit and tie, carrying abriefcase. I will never know. I didn’tstick around to see how those threeother quickie trials were resolved. •
13 Driving FreedomsSpring 2011In response to your recent articleon driver licenses (the Nov/Dec2010 issue cover story), I have somecomments.A couple of weeks ago at a roadblockcheckpoint, I got a ticket forbeing an “unlicensed driver.” That’swhat you get in New Jersey evenif your license is simply expired− not suspended, not revoked, justexpired.Why should a driver licenseever expire? I suggest the primaryreason is all about control. Thegovernment wants to keep trackof their “subjects” by having anupdated picture and other personalinformation for their files. And, ofcourse, they want the money in theform of the license renewal fee.In effect, the system says that ifyour driver license is expired, youare expired. It becomes a hassle toopen a bank account, or even obtaina library card. They might as wellstamp “expired” on your forehead.In a 2009 study called Freedomin the 50 States, each state wasranked by a number of differentfactors. New Hampshire was first,meaning the most free from inanegovernmental dictates. New Yorkwas dead last, barely edging outNew Jersey which was in the 49thslot. The “Garden State” motto onNJ license plates certainly doesn’treflect that.With any luck, the currentbudgetary crisis will result in fewerMembers Writepolice to issue tickets. I, for one,will not miss them.J. MackenzieMarlton, NJYour letters are welcomed and should not exceed 300 words. They may beedited for length or clarity. Full-length articles will also be considered forpublication and should not exceed 600 words. Submissions may be emailedto nma@motorists.org or mailed to 402 W 2nd St., Waunakee, WI 53597I note recent news articlesabout red-light cameras (RLCs) inthe state of Illinois, and in the cityof Chicago in particular. The storiesnote how ticket revenue is down dueto motorists going out of their wayto avoid intersections with RLCs.There is an overlooked, and Ithink important, point to be made inthe fight against photo enforcement.I’ll use a comparison of Illinois citiessouth of Chicago − Homewood,Lansing, Calumet City and Dolton− to those just across the state linein northwest Indiana (Hammond,Munster, Highland, and Merrillville,to name a few).The Indiana towns don’t haveRLCs. Illinois residents in theaforementioned communities shoulddo all of their shopping in northwestIndiana. In addition to avoiding therisk of being flashed by a camera,motorists will find that the sales andgasoline taxes are lower in Indiana.In other words, boycott localbusinesses where RLCs exist. Emphasizethat point with the media sothat local merchants in RLC-infestedcommunities recognize that themonetary pressure they are feeling isdue to the presence of the cameras.I’m sure the Chicago/northwestIndiana situation is not uniquearound the country. There are boundto be other areas where motoristsand shoppers can show their displeasurewith photo enforcementby taking their business to nearbycities, towns and villages that don’tuse RLCs to inflate their coffers.Media stories about the migrationof retail customers because ofRLCs can bring additional pressureto bear on local merchants. Smallbusinesses are the economic enginefor many locales. If we can grab theattention of business owners throughtheir pocketbooks, just as RLCshave grabbed our attention throughour wallets, the fight against redlightcameras will have gained apowerful set of allies.PaulCrete, IL•AVOID TRAFFIC TICKETS!USE YOUR GPS OR CELL PHONEALERT!Speed Trap Ahead!Slow Down!Hate traffic tickets? Then download 400,000+enforcement locations(POI) & receive timely andaccurate alerts while you drive. Speed traps, redlight cameras, speed cameras and school zones.You will see them before they see you. CoversUS/Canada. Works with Garmin,TomTom, Magellan GPS, GoogleAndroid, iPhone & BlackBerrySmartPhones. 100% LEGAL!AS SEEN ONTVSUBSCRIBE NOW! Starts at $9. 99 /monthSee how it works at ...PhantomALERT.com or call 1.800.520.4981
Page 1 and 2: DrivingFreedomsNMA FoundationVol. 2
Page 3 and 4: Driving FreedomsSpring 2011The NMA
Page 5 and 6: Driving FreedomsSpring 2011Vehicle
Page 7 and 8: Driving FreedomsSpring 2011The Mich
Page 9: Driving FreedomsSpring 2011News Fro

Driving Freedoms - National Motorists Association

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?