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Should you pay that traffic ticket or fight it?Traffic infractions are criminal violations. To be convicted of a crime, a person must be found guilty beyond a reasonable doubt. When a police officer states under oath that he saw a car driver go through a stop sign without stopping, and the car driver states under oath that he did stop, what should we conclude? Looking at motivation, it is possible to say that the police officer might be influenced by an underlying and unacknowledged desire to demonstrate his efficiency and his willingness to support the fund-raising necessary to justify his employment. But the motorist can also be suspected of wanting to save himself a fine, points on his driver’s license and an increase in his insurance premium. So whom do you believe? The benefit of the doubt always goes with the accused, the guiding principle being that it is better for 10 guilty defendants to go free than for one innocent to be punished. In the practical setting of traffic offenses, it would take no time at all for just about everyone to go free if word got out that swearing you didn’t do the crime could get you off. Small city governments most often cannot shoulder the financial burden of corroborating by scientific evidence what its police officers claim to have seen. Some of that is changing, however, as on-board cameras in police cars can record many infractions, just as radar units can accurately record speed. In an effort to make traffic law enforcement practical, our state laws contemplate that the accused be charged only with violations of city ordinances when the violation is minor and the accused consents to a trial before a single judge, with no jury. Unfortunately, to be practical, many of the traffic court judges decide to always take a police officer’s word over that of a citizen. That’s upsetting for a citizen who knows he is truly not guilty. I suspect our traffic court judges are in part influenced by what we witness in sports. Referees make rulings that can be costly to a team, some of them demonstrably wrong as millions of people can clearly see on TV, and yet the players are expected to accept them and play on. You can’t have a full-blown trial over every referee’s ruling. Trials are costly in time and money, not to mention emotions, and we’ve all got to play on. Looking upon police officers as if they were impartial referees, traffic court judges are often inclined to accept the ruling on the field when there is no practical means of review. Yet we know there can be some bad calls out there. The desire to be practical seems to trump all the lofty legal principles we have been asked to believe in. I notice that in Tyrone there are many complaints about police officers handing out citations for failure to stop at a stop sign. It should not be all that difficult for these officers to document their charges with a videotape of the infraction. As technology becomes cheaper and simpler to use, we should use it, as we do in sports. The ultimate responsibility to make that happen rests much more with our state legislators than with our judges. Our state legislators (like Sen. Ronnie Chance and Rep. Matt Ramsey) should be sensitive to that sort of problem and provide legislative solutions. That’s really what we elect them for. If the National Football League, and other leagues, can adopt let’s-go-to-the-videotape review rules, so could the Georgia legislature. In individual cases where it was impossible to make a videotape or procure other scientific evidence, judges would have to rely on testimony alone. But when scientific evidence could have been had and was not, an honest citizen’s word should be as good as a police officer’s, and there should be no justification for disregarding the beyond a reasonable doubt rule in traffic cases. [Claude Y. Paquin, a Fayette resident and now retired lawyer, successfully appealed his own son’s speeding ticket from Tyrone to the Georgia Supreme Court in 1991. This is not a recommendation for anyone else to try.] login to post comments | Claude Paquin's blog |