Improper passing ticket question.... (Eutaw: insurance, lawyer, to buy)

[gthomas75]

Hi everyone. I have a question regarding a improper passing ticket I received in Eutaw on i-20. I was coming around the curve and there were 2 cruisers on the left hand side of the road. It was obviously a speed trap but I had my cruise control set so I wasn't really concerned. I don't know what the law is in Alabama, but in Ohio if there is a patrolman on the left your supposed to slow down and move to the right hand lane if possible. So that is what I did, I moved over to the opposite lane. Then about 1000 feet down the road there was another officer with someone from s. carolina pulled over on the right, so I moved back over to the left hand lane. And then about 1/4 mile down the interstate I had a officer behind me pulling me over. He claimed that I didn't signal when I changed lanes, which I think is inaccurate but can't prove one way or the other. Then he asked for my license and proof of insurance, never asking if my address was correct. Which I thought was kind of weird. Then a few minutes later he brought the ticket back, set it on my door and said sign down here, never even telling me what the ticket was for. Traffic was pretty light and I wasn't passing anyone, I was just being respectful to the officers. Assuming I didn't signal (which I always do, so I'm not sure why I wouldn't of) Is that still improper passing? Why not improper signal which is cheaper? I kind of feel like I'm getting screwed because I'm just going to pay it instead of driving 800 miles back to contest it, but since I'm not familiar with the citation I kind of wanted some input before I sign this paper that says I admit that I'm guilty and send away 120.00 to the court. Thanks in advance.

Greg

[Charles]

I had a hard time understanding this post.

In traffic school in California the instructor told us it wasn't necessary to signal if there was nobody to signal (like if no one was behind you). Not sure if that is correct. Not sure if that is the situation here either.

Reminds me of how I once irritated a traffic school instructor. They start out the sessions breaking the ice, everyone sits around in a circle and we go one by one on why we were here. Typically, speeding, running red lights, etc. Mostly speeding.

When my turn came up I told him I was on my way back from a ski trip (maybe 200 miles from LA) and I was doing (I'm going to make up the numbers, don't check the math) 75 in a 65 let's say.

He liked to humiliate the students with "You know, you only saved seven minutes going 75 instead of 65, what's the big deal?"

And I came back with, "You know, I drive 20,000 miles a year and I get traffic school once every five years and traffic school lasts four hours and by driving ten miles an hour faster I save two weeks of time so attending four hours of traffic school is worth it to buy two weeks of time."

He gave me one of those "You little punk" looks.

(image not protected by copyright)

[HB2HSV]

I agree it is a "meet the quota" ticket by the officer, but just roll your eyes and send in the money. It is far less negative energy spent on your part, and it will be more costly if you choose to fight it. Let's face, the 'system' is stacked up against individuals like us.

If you choose to go to the court (ever been to a traffice court?), it will be your word against the officer. Who do you think the judge will believe? If you consult with a Alabama traffic lawyer (if there's such specialty), I think he will advise the same then charge you for more than $120.

BTW, I always signal when I change lanes, when there're highway patrol/ state trooper nearby, even in California. I would signal for 3 seconds (count 1-mississipi, etc.) to make sure they see me signaling.

These highway patrols are just like wolves going into sheeps pack, they can practically pull anyone over and give any excuse to write you a ticket. That day was your turn. Chug it up to stimulating alabama economy. Think of it as good karma and it will bless you for many more days to come.

[Ynot]

I agree your post is confusing. In either case, what is the charge on the ticket - the one that you signed?

I don't have a clear picture of what happened, but it sounds like you were driving in the left lane as you approached the cruisers. If this is the case, you are not suppose to drive in the left lane unless you are PASSING, otherwise, you should be in the right hand lane. It's also odd that the cruisers were on the left hand shoulder, they usually wait on the right hand shoulder. And yes, as in Ohio and other states, it is law in Alabama that when an officer has someone on the shoulder, you are to move over into the other lane--safely, of course. If you cannot move over in a safe manner, then you are to slow way down.

Too many officers and others have been hit while stopped on the shoulder. It's so sad that they actually had to spend money, time and effort and make this a law....it just so common sense!

But, like you and OPs said, it's easier to just pay the dang thing and chaulk it up to lessons learned....whatever they may be.

[DebFlack]

Originally Posted by gthomas75

Hi everyone. I have a question regarding a improper passing ticket I received in Eutaw on i-20. I was coming around the curve and there were 2 cruisers on the left hand side of the road. It was obviously a speed trap but I had my cruise control set so I wasn't really concerned. I don't know what the law is in Alabama, but in Ohio if there is a patrolman on the left your supposed to slow down and move to the right hand lane if possible. So that is what I did, I moved over to the opposite lane. Then about 1000 feet down the road there was another officer with someone from s. carolina pulled over on the right, so I moved back over to the left hand lane. And then about 1/4 mile down the interstate I had a officer behind me pulling me over. He claimed that I didn't signal when I changed lanes, which I think is inaccurate but can't prove one way or the other. Then he asked for my license and proof of insurance, never asking if my address was correct. Which I thought was kind of weird. Then a few minutes later he brought the ticket back, set it on my door and said sign down here, never even telling me what the ticket was for. Traffic was pretty light and I wasn't passing anyone, I was just being respectful to the officers. Assuming I didn't signal (which I always do, so I'm not sure why I wouldn't of) Is that still improper passing? Why not improper signal which is cheaper? I kind of feel like I'm getting screwed because I'm just going to pay it instead of driving 800 miles back to contest it, but since I'm not familiar with the citation I kind of wanted some input before I sign this paper that says I admit that I'm guilty and send away 120.00 to the court. Thanks in advance.

Greg

I can't tell you how many times I've worn out that stretch of I 20

[DebFlack]

Originally Posted by gthomas75

Hi everyone. I have a question regarding a improper passing ticket I received in Eutaw on i-20. I was coming around the curve and there were 2 cruisers on the left hand side of the road. It was obviously a speed trap but I had my cruise control set so I wasn't really concerned. I don't know what the law is in Alabama, but in Ohio if there is a patrolman on the left your supposed to slow down and move to the right hand lane if possible. So that is what I did, I moved over to the opposite lane. Then about 1000 feet down the road there was another officer with someone from s. carolina pulled over on the right, so I moved back over to the left hand lane. And then about 1/4 mile down the interstate I had a officer behind me pulling me over. He claimed that I didn't signal when I changed lanes, which I think is inaccurate but can't prove one way or the other. Then he asked for my license and proof of insurance, never asking if my address was correct. Which I thought was kind of weird. Then a few minutes later he brought the ticket back, set it on my door and said sign down here, never even telling me what the ticket was for. Traffic was pretty light and I wasn't passing anyone, I was just being respectful to the officers. Assuming I didn't signal (which I always do, so I'm not sure why I wouldn't of) Is that still improper passing? Why not improper signal which is cheaper? I kind of feel like I'm getting screwed because I'm just going to pay it instead of driving 800 miles back to contest it, but since I'm not familiar with the citation I kind of wanted some input before I sign this paper that says I admit that I'm guilty and send away 120.00 to the court. Thanks in advance.

Greg

I can't tell you how many times I've worn out that stretch of I 20 !


Yes, they are idiots, and yes you violated AL law in failing to signal when changing lanes...but it was your lucky day.

First was it an ALABAMA STATE TROOPER / or a local ??? what agency ?? the reason why I asked is that in some states LOCAL police agencies (the actual CITY POLICE are not, may not be authorized to enforce moving violations on a Federal HWY),.....County Sheriffs are different ! Were you in a city's jurisdiction ???

If it was a TROOPER, my point is moot, they can chase you anywhere...

Look at the ticket....mile marker ??? where were you actually ??

Examine the ticket for errors...did he write your DL down correctly ?? tag number ?? /Statute/ordinance number ?? does it coincide with the actual written description of the violation ???

Don't assume you're stuck paying the ticket, and you must plead guilty.....contact the website of the clerk of the court.....many deputy clerks are quite helpful in providing information- even to plead not guilty...and no traffic cop shows up in person to testify against you generally unless there is an accident or a death, that is generally handled en masse by an attorney for the State Attorney's office...sometimes you can contact the States Attorney Office directly.....

If you want to really mess with them...ask for a court date....then continually ask for a 'postponement' from the clerk of courts, due to your 'being ill', 'not a resident', or other extenuating circumstances...some jurisdictions customarily grant a 'continuation' or postponement of the hearing (except in criminal matters)...communication with the Clerk and or the Court (the actual legal assistant to the judge) is essential, and sometimes very easy...but you never want to be a 'no show'....even small town judges hate that....it may be possible to plead the case through an affidavit to the court (mailed, certified mail) ..it just depends on how formal the prosecuting state's or county's attorney wants to do..and he/she can generally recommend anything they want to the magistrate...including dismissal !

You can also request an affidavit of indigency because you're POOR, have no money, and out of work. They can't argue with that, and you can offer to settle or ask for 6 months to pay it, and see what they say. Communication with the court is critical. You're an out of state resident, they're looking for MONEY, not to put a bench warrant or a BOLO on you nationwide for a dumb moving violation.



whatever you do, don't ignore the ticket..unless of course they wrote down completely wrong info on the ticket !....but these days, they enter all the info on a laptop in the police vehicle, and automatically hits a database...and sometimes that database in instatnly shared with multiple states, and in some cases entered in a federally accessible computer database

[gthomas75]

Lol. Sorry, I was kind of aggravated when I wrote this. It was on an interstate. There were 2 lanes going each way divided my a median. The first 2 patrolman were sitting in the median. They didn't actually have anyone pulled over, they were just waiting for people to come speeding around the curve. I was driving in the left hand lane so out of respect I moved over to the right hand lane. Then up the road a little bit there was a patrolman with someone actually pulled over so I moved back to the passing lane. I'll admit I probably didn't signal for any length of time, but there wasn't really anyone to signal to. I wasn't merging into traffic or anything, I was just moving over for them.

The officer who pulled me over seemed like a total rookie. He never even asked for my registration or if my address was correct. He also never explained what the ticket was for. "Sign down here" was all he said. And I was so shocked he was giving me one that I didn't ask. I have no idea what a "improper passing" ticket means, but I'm assuming you'd have to be passing someone or something. I don't really have a big problem with paying it, but signing that piece of paper that says "I hereby plead guilty to the charge of__" blah, blah, blah, just kills me. So I was just wondering if the charge fits the "so called" crime. (He told me he stopped me because I didn't signal when I changed lanes)

I drive a sports compact car and have been told by an ohio officer that I'd be more likely to be pulled over than if I drove, lets say, a pickup truck. And for that reason I'm an extremely cautious driver and have gone 15 years without a ticket. Which in Ohio is almost amazing. I think we're among the worst. We actually have motorcycle cops who sit on the overpass bridges where you can't see them and clock, while the 4 or 5 patrolman down the street pull over the people who were speeding. Now that's tricky. lol.

I'll probably just pay it, but if it seems absurd to someone who is familiar with the law, I would at least like to call the city and let them know what's going on. (Although I'm sure they're the ones enforcing it.)

[gthomas75]

"First was it an ALABAMA STATE TROOPER / or a local ??? what agency ?? the reason why I asked is that in some states LOCAL police agencies (the actual CITY POLICE are not, may not be authorized to enforce moving violations on a Federal HWY),.....County Sheriffs are different ! Were you in a city's jurisdiction ???"

I'm actually not sure. I'm assuming they were local, because there were 3. But the ticket says it was in city limits. 1-20-59 is the highway location.

"Examine the ticket for errors...did he write your DL down correctly ?? tag number ?? /Statute/ordinance number ?? does it coincide with the actual written description of the violation ???"

From what I can read it seems accurate. Judging by his handwriting, I'm pretty sure he was a Dr. before he became a policeman. Oh. I does say my car is a 09 when in reality it's a 06. Which he would of known had he asked for my registration. Doubt that matters much though.

"Don't assume you're stuck paying the ticket, and you must plead guilty.....contact the website of the clerk of the court.....many deputy clerks are quite helpful in providing information- even to plead not guilty...and no traffic cop shows up in person to testify against you generally unless there is an accident or a death, that is generally handled en masse by an attorney for the State Attorney's office...sometimes you can contact the States Attorney Office directly....."

I may call someone. Not really to try to get out of it, just out of principle.

"If you want to really mess with them...ask for a court date....then continually ask for a 'postponement' from the clerk of courts, due to your 'being ill', 'not a resident', or other extenuating circumstances...some jurisdictions customarily grant a 'continuation' or postponement of the hearing (except in criminal matters)...communication with the Clerk and or the Court (the actual legal assistant to the judge) is essential, and sometimes very easy...but you never want to be a 'no show'....even small town judges hate that....it may be possible to plead the case through an affidavit to the court (mailed, certified mail) ..it just depends on how formal the prosecuting state's or county's attorney wants to do..and he/she can generally recommend anything they want to the magistrate...including dismissal !"

Lol. That would be hilarious!

[gthomas75]

Thank you everyone for your input. =)

[gthomas75]

"And I came back with, "You know, I drive 20,000 miles a year and I get traffic school once every five years and traffic school lasts four hours and by driving ten miles an hour faster I save two weeks of time so attending four hours of traffic school is worth it to buy two weeks of time."

lmao. Now that's funny.