I fought the law...

With 100% honesty, I am beginning this process spurred on by the interesting content and visually pleasing pursuits of my brother-in-law, Steve.  Steve's blog recently caught my eye and reminded me of how easy it can be to publish in today's digital landscape.  So here goes...

Rather than give some sort of intro note about who I am, my guess is that most people reading this already know a bit, I'll just start with what's on my mind.  Today was an interesting day, as I had to go to Overland Park's Municipal Court to make my case against a speeding ticket.

A few months ago, I was given a ticket for speeding on my way to a work-related staff retreat.  Was I going too fast?  I'd say yes, ultimately.  However, the annoying reality of the ticket was compounded by the fact the officer claimed it took place in a school zone, increasing the fine significantly and making it illegal to reduce the violation.  I can get over a $200 ticket.  A sustained increase to my driver's insurance, I would like to avoid.

In Kansas, violators speeding through school zones are unable to negotiate or "cut deals" on their tickets.  Here in lies my case.  This particular school zone is only a "school zone" at points of the day*; typically 15 minutes before and after school lets out.  When I passed the zone, the lights were not flashing. The officer claimed they were, making a 35 mph zone a 25.  So my 38 in a 35 became a 38 in a 25.

So I took my case to court today, with myself as my legal counsel.  Part of me was hoping the officer would not show up and therefore the ticket would be thrown out.  Another part of me wanted to stand by my case, explain the incident from my view and go toe-to-toe with the prosecutor.  Well, I received the latter.  The officer was in the court and I would be given a chance to explain what proceeded and hope the judge saw enough reasonable doubt to side with me.

The actual courtroom was fairly crowded due to many cases given the same 10 am trial time.  Most defendants moved through quickly, making deals with the judge or prosecutor, allaying an actual trial.  When my name was called, I was asked to take a seat at the defense table, explained the rules of the proceeding, and asked if I had further questions.  I said, "Not at the moment, but possibly as we proceed."

The OP officer was called to "testify" to the day's events.  The prosecutor questioned him first.  It was very straightforward.  However, I had unfortunately shown my cards to the prosecutor before trial, in a last attempt to reduce the violation.  He knew my case rested on that light flashing.  I felt dumb, a little betrayed, oddly, when he asked the officer about the flashing light.  But, this is his job.   The officer responded and said he had checked the light.  Dang.

But then, it was my turn to ask the officer.  I felt very humbled and tried to convey this feeling as I questioned him.  My respect for our public servants is sincere.  I started by thanking him for his time.  I apologized if my attempts came across as a waste of anyone's time and then I proceeded.  During the prosecutor's questioning, the officer claimed the lights for the school zone, on any given day, come on around 7:43 am.  This seemed like an ambiguous time, so I felt it was my best avenue to pursue.  He also claimed during the prosecutor's portion that he was in position around 7:40 am.  So when did he verify the lights were flashing?  An obviously contradictory statement, I thought.  I finished questioning the officer.  I, too, was given the chance to tell my side, which I did.

In the end, the judge said she felt the city had done their part to prove I was guilty of the aforementioned violation.  She told me how I could proceed, if I so chose, and thanked me for my time.  The judge, prosecutor and officer were all quite pleasant throughout.  I walked out of the courtroom with the officer, and he and I both wished each other well.  I went to the clerk's office and paid the fee listed on the ticket.

Overall, the experience, while a losing one from many perspectives, was a rich one.  I lost nothing more than had I simply mailed my initial fine in, unless you consider time as punishment.  In this case, I wouldn't.  I waited a relatively short amount of time to have the trial heard.  And, I was able to experience a real aspect of our justice system, at little expense to me or the city.   Although I lost, I truly felt like I had a 50% chance of beating it.  Had I mailed it in, the chances would have been 0%.

I hope to not be in this position again.  Speeding, I generally avoid.  However, if I am in this position again, there's no reason not to state my case, using the system as it has been designed - if you feel there may be questions surrounding the circumstances.  Many people don't realize the fine on your ticket, includes a fee for a court case.  Most just choose to avoid the court case.  I just wanted my money's worth, I guess...

*I am opposed to speeding in school zones and a strong supporter of their enforcement.  They are important laws to protect the smallest within our communities.  Throughout this process my position has not changed with regards to them.