Philes' Forum by Vic Lucariello

Hello, Bimmerphiles! Last evening, a bunch of us attended one of the most fun, informative monthly meetings I can remember. Attorney Robert M. Schechter of Robert M. Schechter & Associates, Attorneys at Law [216 Stelton Road - B2, Piscataway, NJ 08854; 732 968 5900], was at the Deutscher Club to talk about defending yourself when cited for traffic violations. Attorney Schechter, who has more than 20 years experience in this area, quickly established a rapport with the interested audience and imparted a great deal of information without talking down to us or confusing us with legalese. After his presentation, Bob was beset with so many questions that Chapter Activities Director Al Drugos had to finally adjourn the meeting. I suspect we would have been there until the wee hours if Big Al hadn't intervened.

I thought I would recap the major points Bob made in his presentation and while patiently answering the multitude of questions. However, first I would like to thank Big Al for thinking of and arranging the meeting. The Director-Activities position in our Chapter is arguably the second most time consuming and difficult [The first being newsletter editor] of the Chapter Board positions, and maybe if we are all really nice to Al he will agree to stay on for a third term! In addition to his responsibilities for arranging all the monthly membership meetings, Al finds time to support our Lime Rock Driver Schools as a tech worker and event-control worker. If only he would learn how to do the passing signal on the track!

OK, enough small talk; Here we go….[My comments are in brackets]

• The easiest way to avoid a traffic citation is not to be stopped in the first place. Check the 'stupid stuff' that provides probable cause for a stop. Ensure that your exterior lamps are all working, use your turn signals, wear your seat belt, and ensure your inspection sticker and registration renewal sticker are current.
• If you pass a parked cruiser and think you may have been 'RADAR'ed, change lanes and blend into the traffic. Vehicular radar cannot distinguish among or between vehicles. [Avoid the left lane like the plague. Use it only for short passes. Duhh…]
• In the event you are stopped, here are some tips to lessen the likelihood of being cited.
• Pull over as quickly as practical after you see the flashing lamps.
• [Put your car in neutral, shut it off, apply the parking brake, remove your foot from the service brake, put your hazard lamps on, AND ENSURE YOUR REVERSE LAMPS ARE OFF.]
• Turn on your interior lamps.
• Be courteous. Use Sir or Ma'am in addressing the officer. [I prefer 'Officer' or 'Trouper', as appropriate. Some troupers do not like being called 'Officer'.] The point is that courtesy counts.
• Keep your hands visible to the officer and avoid any sudden movements that can be interpreted as reaching for a weapon or other threat to the officer's safety. Remember that the officer has no idea who you are at this point.
• Keep your credentials where they can be quickly accessed. Tell the officer you are reaching for the glovebox, your wallet, etc. for your credentials. [I always ask permission first, before reaching for anything. I keep my hands visible on the steering wheel until given permission to reach for credentials. Ask me why I do this!]
• If you use a RADAR detector, shut it off so it isn't sitting there beeping while the officer is talking to you. Also, turn off the radio.
• If you have been stopped for alleged speeding, do not ask to see the reading on the RADAR. [LIDAR, or VASCAR] unit. The officer is not required to show you the unit, and asking will increase the chances of your being cited.
• Do NOT admit to anything. However, don't be a wiseass in declining to admit you committed any offense. Try to respond to a question such as "Do you know how fast you were going?", with a question or non-committal answer. However, don't state that you didn't know how fast you were going. Perhaps say, " How fast do you think I was going?". Once you admit to speeding, the other details of the stop become secondary, because you confessed. There are many ways to successfully defend against a RADAR-based speeding citation provided you don't confess.
• Do NOT decline to take a Breathalyzer test. Even taking and failing the test is preferable, from a defense standpoint, to declining the test. When asked if you know of any physical factor which might affect the test, say 'Yes'.
• Carefully note any conditions relevant to a field sobriety test or blood alcohol level test. Weather, time of day, interruptions, ambient lighting, whether there was actually a straight line on the ground for you to walk on, etc. Also, if you are asked to touch your finger to your nose, be sure to note if you were asked to do so with your eyes closed. This particular exercise is to be performed with eyes open. If you receive and fail a Breathalyzer test, you should be given the option to corroborate the test results with a hospital blood test. Be sure you make this request.
• A growing number of municipalities have discontinued videotaping traffic stops because the tapes have yielded information benefiting the defendants.
• In NJ, having your key in the ignition constitutes 'Intent To Drive'. If you are in your car and decide you are really not up to driving and wish to rest a bit, ensure the key is not in the ignition.
• If you have a PBA, or equivalent, card, use it discreetly by putting it between your license and registration when you hand them over. Also, be very sure you know the person whose name appears on the card as the issuer, because you will surely be asked this question.
• Having any questionable material in plain view is asking for trouble as this material may constitute probable cause for a search. Questionable material is anything which can be seen from the outside as a weapon, drugs, drug paraphernalia, etc. In NJ, unless you are arrested pursuant to a traffic stop, authorities must have probable cause to ask to search your vehicle. [If you have a black flashlight, don't keep it in the glovebox or under the seat where it can appear to be a gun.]
• For a non-DWI stop, don't hesitate to tell the officer that you have a good driving record, no accidents, etc., and that you think she/he should issue you a warning instead of a citation. Make this request prior to the officer walking back to the cruiser. Obviously, don't make this request unless your record supports it.
• Attempting to audiotape the stop may backfire if the officer becomes aware of the tape recorder. Whether you do or don't use a tape recorder, take careful notes of the stop to aid your defense. The officer will also take notes, especially of any admissions you make.
• Current NJ law provides for a mandatory 1-year license revocation for a first 'driving while uninsured' conviction. A second offense carries a 2-year suspension.

Like I said at the beginning, it was an informative meeting! I personally believe in contesting all traffic citations, when practical to do so. I feel you have nothing to lose, and you will get to know more about our legal system. Besides, I also feel it keeps our local authorities on their toes. If all of us contested every citation, I feel that the authorities would have to amend their revenue-generating schemes. Whether or not you should use professional representation would depend upon the consequences of a conviction . Professional representation for a speeding citation might cost $500-$700. If I am ever faced with a serious traffic citation, you can bet I will have Bob representing me!

While I'm on my soapbox, let me remind you that at no time during his presentation did Attorney Schechter condone speeding , DWI or any other violation of the law. Neither does the NJ Chapter Board. Indeed, we have some pretty strong feelings against irresponsible speeding or DWI, and I suspect Attorney Schechter does as well.

Anyone wishing to contribute to Philes' Forum should contact me via the info on the masthead. I'm interested in tech tips, repair /maintenance questions and/or tips, dealer horror stories, product evaluations, etc. Please call before 8 PM, and if you leave a message, PLEASE INCLUDE A PHONE NUMBER WHERE I CAN REACH YOU ON WEEKDAYS. Also, please be patient, I try to return every phone call, but it sometimes takes a while. If you don't hear back from me within a few days, please call again. The best way to contact me is via e-mail.

Copyright 2000 - V.M. Lucariello, PE