infraction – The Wise Drive

September 24, 2020October 2, 2020

Getting A Ticket In The Mail After A Crash

Q: I was in a no injury accident on I-5. Traffic came to an abrupt stop and I was rear-ended. Damage to the other car was extensive and needed to be towed. We both called his insurance company but no police were called. I waited with him for a tow truck for 20 minutes and then left to work. I received a ticket in the mail for improper lane usage. I contested it and have court next month, but I shouldn’t have got this ticket. Why did the police send me this? They were not called to the scene.

A: In the 2001 heist movie Ocean’s 11, Terry Benedict owns a casino (or three actually) and they’re about to be robbed by Danny Ocean and his 10 buddies. Disregarding that the protagonist in this story, Danny, is likely guilty of multiple felonies while Terry, the purported villain, is only guilty of dating Danny’s ex-wife, the success of the movie hinges on incomplete information. Confident in his casino security, Terry believes he’s not vulnerable to a robbery, but that’s because he doesn’t know the whole story.

February 23, 2020April 1, 2020

Parking Lots Are Not Base (And Traffic Enforcement Is Not Tag)

Q: Can an officer give me a ticket if I’m no longer on the roadway and have parked in the parking lot of a store?

A: Remember playing tag as a kid? We used to have a “base”; as long as you were touching it you couldn’t get tagged. In my yard that was the apple tree. Now just imagine what traffic enforcement would be like if there was a base for drivers who committed traffic violations. Everyone who ran a red light would be looking for the nearest convenience store parking lot to avoid a ticket. It reminds me of the Dukes of Hazzard. On Friday evenings I watched Bo and Luke Duke race across the county line as Sheriff Roscoe P Coltrane skidded to at stop at the edge of Hazzard County, foiled by the Duke boys again. Great to watch on TV when you’re ten, but not how it actually works.

December 1, 2019November 27, 2019

If They’re Both Wrong, What’s The Difference?

Q: In last week’s article you talked about some traffic violations being infractions and some being crimes. Both of them are still illegal, so what’s the difference? Why are there separate categories?

A: If you commit an infraction, you’re a scofflaw; if you commit a crime, you’re a criminal. That’s not really true. I just like the sound of “scofflaw” and wanted to use it. You’re right that both traffic infractions and traffic crimes are violations of the law, but there are some real differences, both in the consequences and in the court process. That’s because infractions, as civil violations, follow a different legal process than criminal violations.

October 13, 2019August 19, 2020

The Ticket Is The Cheap Part

Q: How much does a speeding ticket affect your car insurance?

A: Is it safe to assume that when someone asks this question, there is a precipitating event that prompted it? I know a writer is supposed to wait until the end for the big reveal, but I’m going to put it up front: The fine from a speeding ticket is the cheap part of the equation.

January 27, 2019January 24, 2019

Do You Really Always Need Insurance?

Q: Can a person receive a ticket for driving without insurance on private property?

A: The short answer: Yes. If you had asked, “Can a person receive a ticket on private property?” the answer would have been much longer. And now for the longer answer: Most traffic violations apply when a driver is on a public roadway, but some traffic laws apply statewide. I’ll explain how to identify which rules belong just to the road and which ones are anywhere in the state.