Held hostage by a traffic light

My daughter was by herself, stuck at a traffic light at 2:30 in the morning. She waited for a long time — not one car passed by — the traffic light had to be broken.

So she looked both ways to make sure it was safe, and then made a left turn. Within seconds the flashing lights of a police cruiser were visible in her rear view mirror.

The next day she explained to me, “Daddy, how long was I supposed to wait? What if the light never changed? I would still be sitting there.”

I am in my second year of law school. I thought her actions were reasonable. After all, our legal system is one built on reason. I suggested that instead of sending in the $130 fine she fight the ticket. Little did I know how the system works.

My daughter, who is normally in college on Wednesday mornings, had to go to Peachtree City Court in order to plead not guilty. Then she was required to return a couple Wednesdays later for the actual trial. No wonder that, nationwide, 99 percent of all misdemeanor charges are settled by guilty/nolo pleas.

When we arrived in City Court, she was given a paper to sign, acknowledging that if she chose to go to trial and was found guilty that she could be sentenced to 12 months in jail and fined $1,000.

Whoa! In my Criminal Procedure class we had read about the state using implicit threats to coerce guilty pleas, but I thought this was over the top n a possible 12 months in prison for a traffic light at 2:30 in the morning.

We were lucky; there were only about a dozen cases, and hers was called approximately an hour and a half after our arrival at the courthouse. Because the state has to prove its case, the policeman testified first. He said that he and his lieutenant stopped at a vantage point just down the road from the light in question because it’s a very long light, and it’s common that people will wait at the light for a while and then go through it.

Oh, my gosh, I thought. So the cops know all about this, and purposely wait, like hunters over bait, to ticket people. Well, the judge certainly won’t stand for that. After all, ours is system of justice based on reason.

The policeman further testified that when he arrived at his vantage point that my daughter’s vehicle was already sitting at the light. Consequently, on cross-examination, it was determined that he had no idea how long she had been there. Furthermore, he could not recall any other vehicles driving through the intersection while he sat there.

My daughter testified to the facts, and then said that a traffic light serves two functions: safety and efficient flow of traffic. Given the totality of circumstances — it was very late at night, a young woman by herself sitting at a red light that refused to turn green, not even one car having passed through the light while she waited — her actions were reasonable.

The judge nodded his head. He said that this is very common — lots of cases before the court with almost identical facts. He said that he knew of another light that was even worse.

We’ve got it made, I thought. So the judge has seen this before. He knows how unjust this is. He’s on our side. There’s no way that he’ll stand for this. The cops are, after all, just doing their job, following orders. But the judge has a different purpose. He is supposed to administer justice. If a judge merely followed the statute book, we wouldn’t need a judge; his secretary could do the job.

Then I heard those words — seared into my memory — “This law has no exception.” I could not believe what I had just heard. I have been in law school for a year and a half. I have never heard a professor say that “this law has no exception.” I came back to reality just in time to hear the judge say, “Guilty. The fine is $130.”

I left the courtroom, seething. I got home and performed word searches of court opinions on Westlaw and LexisNexis. Apparently, no appellate judge in any court in the United States has EVER said, “This law has no exception.”

So what should you do if in the middle of the night you find yourself held hostage by a traffic light? It appears that your only legal option is to call the police dispatcher. Then she can radio the cop who is hiding down the street so that he can come direct traffic and rescue you.

Ivars Lacis

Peachtree City, Ga.