I fought the law and the law won...

Part I

On January 24th, 2018 I was on my way to work down in Norman, Oklahoma, as I am most mornings. It was a bit before 8am and the traffic was thick as usual. This meant a lot of stop and go. More so, it meant that traffic had an "accordion" effect where people would slow down and then speed up to close the recently opened gap. I was making my way down Interstate 35 South when I looked up to see the flashing lights of a highway patrol car. I cautiously pulled off the highway and into the parking lot of a gas station where there were plenty of people watching. No need in accidently getting eight or nine "warning" shots in the head for resisting arrest or some other nonsense.

The patrolman, Trooper Linzy (Badge number 649 of Troop YE), approaches my car and then says that I was speeding. I'm puzzled because I'm doing what we were all doing at rush hour (including the trooper). Plus, there's no way I'm speeding because traffic is too dense to get up any speed. I ask "speeding"? Being quite aggressive and sarcastic he simply repeats himself like he's never met a human who was surprised by a statement. At this point I know I better say little as he's itching to drag me out of the car. 

He says that I was going 5 miles over the speed limit and, as such, was issuing me a warning. Keep in mind that he's more lecturing me than telling me just hoping that I'll bite. I simply listen then sign the form and drive on in to work. However, when I get in to the office, I look closer at the form and realize that this is no warning, it's a legitimate ticket. I wonder how many people end up having bench warrants issued for their arrest because they believe that they don't need to follow up or take him at his word that no actual ticket was issued. 

Part II

Once I realize that he's given me a ticket, I know that I'm going to fight it. Why in the world would this guy single me out among the thousands of cars on the road that morning? I have my own thoughts and the initials are DWB. The good thing for me is that I was living in downtown OKC and the county court building was only a few blocks from my house. I wait a week to walk over one Friday morning to see about getting a court date to fight this thing. What a depressing place. There is a metal detector for people who have some type of dealings with the criminal court system and a pass-through door for lawyers, employees, and law enforcement types. Amazingly, most of the people going through the metal detectors are people of color and those using the pass-through are white. From the look of what I saw, one would think that the criminal court system was designed this way. Not cool. 

I finally make my way up to the fourth floor where I'm informed that the ticket hasn't been processed and there is no record. I question myself that maybe this is just a warning and there is no actual ticket. I left and said that I'd come back in another week and try it again. The next week, I walk back over there. I wondered what would have happened if I had a job where it was more difficult to just leave work to go to court. I also note that the ticket is for $224.50 for going 5 miles over the limit. I later learn from the newspaper that only $10 dollars of that amount is the actual speeding cost. The state of Oklahoma uses tickets to generate revenue for the courts. Don't believe me? Click here. What a scam.

I go back to the fourth floor where there is long line of cashier windows. What an operation. I wonder if all of this is just to collect cash from traffic tickets or if maybe people come there to pay taxes or some other need to have 10+ windows. I go up to the window to ask for a court date to which the woman behind the counter looks totally lost. She has no idea what to do because no one ever comes to contest tickets. They simply come to pay up. I tell her that I want to plead not guilty and want my day in court. She has to leave to go ask a supervisor what to do next. This takes a long time. Finally both the woman and the supervisor come back and ask if I'm sure about what I want to do. After all, it's a ticket for less than 10 mph over the limit. Not that big a deal. I say that I'm certain that I want to fight it. They fumble around and finally come up with the form for those of us not willing to plead. But then comes a bigger surprise. They tell me that I'll still need to pay the $224.50 and if I'm found not guilty at trial, I'll get it back. 

I try to argue that this can't be right. I'm innocent until proven guilty and thus shouldn't have to pay until I'm convicted. This falls on deaf ears. They both look at me with blank stares. I then wonder to myself about the people who can't afford to let the state "hold" $224.50 until they are found not guilty. I'm just confused. And people wonder why I never liked my time in Oklahoma. At this point the lady tells me that I'll also need that in cash. Who in the hell carries around that much money in cash? I have to leave to go to an ATM and come back to fork over the cash. It's at that point I'm given a court date of May 18, 2018. 

Part III

I get the receipt for my cash (click here) and some instructions about next steps in the process. (Click here.) You'll note on the form that it clearly says that up to two weeks before your court date that you can come and talk to an assistant DA about negotiating your case. No guarantees but it can't hurt. I wait about a month then go back to the court again. Do I even have a job? I go to the fifth floor this time. I wander the halls and finally find my way to the window where the traffic DA is supposed to be. Instead, I find yet another cashier window. I state that I'm there to negotiate my case, if possible. The fellow on the other side is at a loss. At first he says that I'm at the wrong window. I then produce the letter that instructs me to this very spot. His response? "Huh, that's interesting." He asks to see the actual ticket, which I produce. He then asks if I've paid the fine. I say that I did since that's the only way to get a court date. He goes back and talks to a colleague and then instructs me to pay no attention to the matter since I've already paid the fine. I then show him the court date document. (Click here)  Note that it says that failing to appear on the date will cause a bench warrant to be issued. His response? "I guess you better go then." 

Once again, I'm struck by how uninformed the people in the office are. They seem to be nothing more than clerks there to collect money. I'm also amazed at the level of bad advise I've been given and outright lies told. From the trooper who says that it's just a warning to this guy who tells me to forget the matter. I'd be in prison by now if I'd have listened to any of these people. But what if I had been less educated or persistent? I'd be in a world of trouble. I leave there and prepare myself that on the 18th of May, 2018, I'm going to court. 

Part IV

I talk to a few lawyer friends that I have and they all say what I already know, if the trooper shows up, I'm toast. Regardless, of the truth, if it comes down to his word against mine, I'll lose. No problem. If I'm going down, I'm going down on my own accord. I won't be bullied or intimidated by these goons. 

May 18th, 2018 is the last time that I'm going to walk down this street to the courthouse so I'm prepared for what ever is coming next. I get there about 45 minutes early just to see if there is anyone that I might be able to talk to about my case. No dice. If you're not in a suit (lawyer) or wearing a badge (cop) you're just a piece of trash and should be avoided at all costs. When court is called to order there about 20 people there for various types of cases. Some are there for fishing without a license. I'm like "what the heck is this all about?" The clerk then tells the judge that there are about 10 cases involving the highway patrol but only three patrolmen are there. The judge says that a few of those 7 cases where there is no patrolman present will be postponed but he outright dismisses the others. That's when I know I'm toast because my name isn't called, meaning that patrolman Jackass is there. 

The three cases involving the highway patrol are taken to another courtroom to be heard by a different judge. As the judge reviews the docket he asks about me. He then says that I'm only in there for a case involving something less than 10 mph over the limit and thus no points will come off my license and this will not involve the insurance. I'm happy about the first part and skeptical about the second. None of that matters, however, I want my say. From the look in his eyes he says "Okay, buddy. Waste your time if you want. I'm going to find you guilty." 

The first case is rather bizarre. Back in February of 2018 we had a bad ice storm, as we are prone to have in OKC. This guy slides off the road and calls the highway patrol since he hit a guard rail. The trooper states that the roads were terrible that day. I can attest to that. I remember how bad things were. This guy needs the accident report for his insurance. However, instead of filling out a report and going on his way, the trooper gives this guy a ticket for driving too fast on slick roads. I'm amazed given that any speed over 0 mph that day was going too fast. What a crock. The judge says the guy is guilty and that's that. The second guy is there because, apparently, his brother is pulled over driving someone else's car but uses his ID. The judge asks the trooper if this is the guy. The trooper responds that he looks like him but can't be sure. That should have been the end of it there. Nope, they get out the dashcam video only to show that this guy is not the person pulled over. That guy is dismissed but a warrant is issued for his brother. Ouch.

It's now my turn. Me and patrolman Jackass go up to the bench to which I learn that the judge and this guy know each other. Great. The trooper says he has over 20 years experience like that means something. He too pulls out the dashcam video. What is shown is that we are both right. He was right, I would slow down to 58 then speed up to 65 and sometimes as high as 68. But then I'm right also. Everyone is doing this. It's just how traffic flows in the morning. I state that and say that every other car is doing the same thing which is clear on the video. I then ask why I'm singled out from all the cars? The response is that it doesn't matter. I was speeding. The tape shows it. I'm found guilty. 

I'm more frustrated now then when I went in. I walk out of the court and to the elevator. It just so happens that the trooper comes and is waiting for the same one. He's still being a cocky prick but that's just his way, I guess. I'm not shy and still argue that what happened is normal and that there was no reason to single me out (other than DWB). He's still going with the same old line that "the law is the law". We get out on the ground floor and I'm still arguing my side. My friend Paul, who teaches at the OKC School of Law came to see me and walks up while I'm still arguing with this guy. Paul pulls me away and that's that. 

I fought the law and the law won.