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Today I got a lesson in civics.  In short, the lesson was if you reside in Arizona and get a traffic ticket that offers the defensive driving school option, take it.  In the end, no matter how much the ‘prosecuting’ officer’s story changes, no matter what documentation you bring, and no matter what A-game you bring to defend yourself…it simply doesn’t matter.  You are presumed guilty and need to prove your innocence beyond an unreasonable doubt.

This is odd for me because I am not a cop hater.  In general, I think they have a thankless job and perform a selfless service to our states, counties, and cities.  This does not include the cops whose purpose is to generate revenue by issuing petty traffic violations.  Although there are exceptions and bad people are discovered by traffic stops, they are not keeping the streets safe.  I have the opinion that until all murders, rapes, assaults, and identity thefts have been solved, there should not be an available officer to issue a five-over ticket.

Back in early November, Three of us set out for a two-wheeled Arizona two-day tour.  About two hours away from home, we were stopped and ticketed by Arizona’s finest for passing in a no passing zone.  A civilian stopped where this officer was to complain about (us) motorcycle passing vehicles too fast and in no passing zones (more on this later).  

I found this ticket thing bothersome for two reasons:

1. The officer issuing the ticket ( officer Gamboa in the Superior-Kearny District ) never witnessed any passing, but rather “counted cars”.  He stated that there were more cars when we passed him than there was when a second officer flagged us over some two miles away (much more on this later).
2. The officer’s quote while handing us the ticket: “Don’t even think of challenging this ticket.  If you do I’ll up it (the ticket) to criminal reckless, you’ll lose your license, and possibly go to jail.”  Nice.  Oh yeah, I did file a complaint with DPS due to his threat and conduct.

I knew going into today’s hearing that it would be difficult to win given that his word versus mine is a loser for me.  I to both show confidence in my story and blow holes in his version.  I did both, yet Justice of the Peace Larry A. Bravo (Superior/Kearny Precinct #6) was not impressed.  His fecklessness towards the terrible case that officer Gamboa presented shows either a coward in his fear of actually siding with a civilian or a purposeful complacency towards the ‘good ole boys club’ of officer/judge CYA.

The way this worked is the officer would tell his side, I would get to question him, I would tell my side, and then he would get to question me.

I caught officer Gamboa in many inconsistencies throughout this hearing, challenging each one as they occurred.

Example #1:
In his side of the story, he stated that the reason we were ticketed was that he counted cars.  There were “a bunch” of cars ahead of us and that by the time we had gotten to the other officer 2.2 miles away, that we were in front of the pack…the all important part also being that there was no passing areas between the two points.  I gladly corrected him by stating that there was three vehicles in front of me when I passed the officer and still one, a white pickup truck (details, details) in front of me when I reached the second officer…but who’s counting.  I also corrected him by showing photos of the passing zone located 0.2 miles from where he was parked.  Thank you google satelite maps.  His response:

“Yeah, I knew that.  Ummm.  Ummm, I meant after that one…ummm because I watched you in my rear view mirror to see if you passed in that zone.  You did not pass anyone there so you must have passed someone elsewhere.”

NOTE:  My argument was that I did pass between the two points, but legally in that specific passing zone.

I looked at the judge with the WTF? look on my face and my hands extended outward in that ‘I don’t know’ position with shrugged shoulders.  I didn’t actually say WTF out loud, but I assure you that the judge read the thought bubble over my head.  I thought for sure this amateur of a liar would be called on the carpet.  NOPE.

Example #2
In his side of the story, officer Gamboa stated that he could not pursue us immediately because there was too much traffing and he had to wait for it to clear behind us.  Later, I made the point that it was not possible for him to see if I passed or didn’t pass with all the traffic he claimed there was behind me.  Specifically, that all that traffic between me on a motorcycle and him in his car through his magic zoom lens rear view mirror would obstruct his sight path.  Never mind that there was an elevation change that I cited that made the passing zone impossible to see (there was a small hill crest - a high point if you will - between the officer’s position and the passing zone). 

This got an eyebrow raise and a strange look at the officer.  “Do you understand what the defendant is saying?”, the judge asked to officer Gamboa.  Gamboa’s response was not “not really”.  Fortunately, I thought, the judge explained it correctly and I thought that this was applying logic and common sense to my side of the story, and what better person to explain/understand it than the judge.

Officer Gamboa’s response: “Oh…I see…well…actually there were no cars behind the defendant your Honor”. 

Immediately, I stated what he had previously said about it being too dangerous to enter the highway due to all the traffic.  I actually had the same WTF? gestures and let out “WHAT?”.  The “TF” was thankfully silent.  Again, I look towards the judge for some sanity to backhand a terrible liar.  I remember thinking “there is no way he is going to buy into this shit…no way”.

The judges response: ”Ah, so there were no cars behind him.  OK.”

I was awarded a blank stare from the judge when I repeated myself about the previous claim.

There were several more of these examples that I can cite, but I am sure you get the point.  The bottom line is that we had a citizen complain about our riding habits.  I should have recognized that this was the most compelling piece of evidence that either of us brought to the table.  Once I realized that I had lost this hearing, about ten minutes into the forty minute session, I added another angle:

“We were ticketed not for what officer Gamboa observed, but rather for what he thinks we deserved based on the complaint”  I thought this would send a signal to the judge that I wasn’t going to fight this out in its entirety.  Legally, its about the actual occurrence, and that actual occurrence has to be witnessed by the ticketing officer for a civil infraction.  A felony is a different story, where witness accounts can lead to arrests.

I even went down the way of logic stating that I could have easily gone down the traffic school path, not taken a day off work, not drive 250 miles round trip, and not have this on my record.  I haven’t had a ticket in over ten years.  My reasoning was that I was confident that I did nothing wrong, and I had evidence and an honest non-wavering story.

I handed officer Gamboa his ass to any objective audience.  His story changed each time I cited an inconsistency, and was willingly accepted by this kangaroo court in Precinct #6.  I think that’s why I’m pissed the most - I lost to a terrible liar, an amateur.  If I’m going to lose, I want to at least lose by some talented liar…where I’m left thinking “whew - that guy was good.”  But alas, I lost to the collusion of an incompetent officer Gamboa with an indifferent Justice of the Peace Larry A. Bravo.  The decision went like this “The officer said you did it so I find you responsible for the ticket”.

After he found me “responsible” for the action (that would be the PC way of “guilty”), I had to approach the bench and sign some paperwork.  Still pissed, I laid into the judge a little bit keeping a possible contempt of court fine in the back of my mind.  I said to the judge “I didn’t have a chance did I?”, “This was a total waste of time wasn’t it?”, “Independent of my innocence, I should have just swallowed it and taken the traffic school?”.

After that, he said to me with a shit-eating grin “I gave you a last chance to take the school”.  Bastard.  He did actually, and I missed his signal.  The very first thing he stated when we sat down was that I have a last chance to omit this hearing and go to traffic school, and questioned if I really understood what I was entering.  I understand very well now.  That was his way of saying “Shut The F&*K Up”, don’t waste my time, go to traffic school like an obedient citizen, and pay the fine.

At least I didn’t get contempt of court.  Yay.

As I exited the courtroom, I said to my buddy who was also ticketed (heh - next on the docket), “I never had a chance…good f’ing luck”.  At the instant he entered the courtroom, the lightbulb went off.  As the door was about four inches from closing, I yelled “TAKE THE TRAFFIC SCHOOL!”  I had no idea if he heard me, but I wasn’t going to push it beyond that. 

He didn’t hear me.  He lost.  He had the very same disgusted + WTF just happened look on his face.  He said “it didn’t matter wht I said…I even established his timeline of events and it just wasn’t possible, but still didn’t matter.”  The part that disappoints me the most is the allowed inconsistency of the SAME officer Gamboa’s side of the story to the judge.  You know…that part where he present his side of the case.  It would take too long to explain the details, but I asked my buddy “did he know that we were riding together?”  The response was yes, where the judge even asked “you were riding with the previous defendant…”  A totally different reason was given for the same passing in a no passing zone.  Idiots.

Actually, I have learned that I am the idiot for thinking that principles matter over the easy way out.  States design this option in to keep the courtrooms clean of traffic ticket challenges.  Point taken.  I will state again that if you read this in doing research for how to fight a ticket, and have the traffic school option - TAKE IT.  Without a scum-sucking costly trial lawyer, you will lose.  Bring one and its a battle of the liars.  If you choose to fight the ticket versus traffic school, I will gladly annoint my dunce cap to you.  You will lose.

As an optimist, these are not the normal words I am used to knocking out.  I love Arizona and I respect the rule of law.  But damn, I should be able to use those same laws to defend my innocence.  Obviously in some courts, that simply is not possible.  We were guilty and needed to prove ourselves innocent.  I brought my A-game and am proud of the way I defended myself (proud in the sense that I did all I could), but I’m sure I’ll be kicking myself over the next few days on what I cold have done better.  I’m not proud of the system out in Superior-Kearny.  Not because I lost, but because of how I lost.

EDIT - 3Jan2008
Yeah, the above is still on my mind about what I could have done different, etc. etc.  But I wanted to explain a little further about the complaint about our riding from a local citizen.  US60 is a 2 lane highway between Globe and Superior with passing lanes and passing zones.  From the best of my recollection, we used both of those to the fullest extent.  While I don’t specifically remember passing in a double yellow throughout that whole section, it could have happened.  My guess is that she was not comfortable with the overtaking we did within the passing zones.  Over the years, I’ve found that people who do not ride motorcycles do not understand the reduced distance that a pass on a motorcycle requires.  And if they cannot make it in a car (in our distance), then we should not be passing either.  Just not true.  In addition, I have an aftermarket exhaust (Aprilia 1000cc twin) and its always possible that if & when I passed her that the noise startled her.  Even though the baffles are in, when I’m on the gas it sings a sweet, sweet song which others may not enjoy.