Wouldn't you rather be at the doughnut shop?
Don't waste time with hopeless explanations like your car has to be driven fast or it fouls plugs
Most SCM readers would call this one of the world’s greatest jobs: Excellence Editor Pete Stout was on assignment, cruising down Highway 101 in Marin County in a prototype supercar provided by a European manufacturer. Traffic was heavy enough that he was only using about 50 of the car’s 500 hp, and there was little risk of annoying the California Highway Patrol. But suddenly the rear view mirror lit up with red and blue lights.
The officer was attracted by the European license plates, but then became perplexed about the lack of a VIN on the A-pillar. Stout explained that this was a manufacturer’s prototype car, properly imported on a temporary tourist visa, and showed the officer the VIN under the front lid. The officer still wasn’t convinced that the car was street-legal. Sixty minutes later, Stout was back on the road with a ticket for violating California Vehicle Code Section 10751 (a): possessing a car with a removed or altered VIN. Which happens to be a misdemeanor—a full-blown criminal charge. The ticket stated it could only be cleared through the local CHP sergeant.
THE SUCCESSFUL DEFENSE
After a quick e-mail to me at SCM’s “Legal Files,” Stout called the sergeant with the following challenges to the ticket: 1. The law requires that one “knowingly” possess a car in such a condition. Since Stout had borrowed the car from the manufacturer, he legitimately had no idea about its VIN status. 2. The VIN was never removed. Rather, the car never had one, since the manufacturer did not intend to sell the car and saw no need to give it one.
Stout’s call was successful. The sergeant came close to agreeing that the ticket was unwarranted, and downgraded the offense to an infraction related to the proper registration of the car. A little later, Stout received a call from the officer who ticketed him. The officer (who had obviously received a call from the sergeant) was very friendly. He told Stout that, although he still had issues with the legitimacy of the car’s identification, he would be glad to appear in court and tell the judge that he didn’t think Stout should have gotten the ticket. That should be enough for a complete dismissal.
THE SECRET HANDSHAKE
So, you may want to know, what were the “magic words” that worked so well for Stout? Actually, there were none. What got Stout off was that he is a nice guy, and never lost his composure.
Throughout the hour that he spent with the officer, Stout never got mad, and remained cordial and patient. When he spoke with the sergeant, he never criticized the officer and he explained the situation calmly and politely. Even without saying so, his explanation still made it pretty clear that it was a bum rap. He let the sergeant handle the negotiations with the officer, which was much less intense than would have been the case if Stout were directly involved. He made both cops want to help him.
NICE GUYS FINISH FIRST
Looking for another perspective, I consulted my partner, Robert Perkins. He is a former assistant district attorney with extensive experience in traffic court who now makes a small legal specialty out of defending me when I am ticketed, as well as an ever-increasing number of my hapless friends. I asked Perkins what he thought about Stout’s experience. He chuckled and said, “Don’t you remember the last time I saved your butt? When I called the officer to talk about it, he was quick to say, ‘Yes, I remember Mr. Draneas—he was very polite.’ The secret is, nice guys finish first.”
Perkins points out that when an officer pulls you over, he or she has already decided that you have done something wrong. Denial is not going to get you anywhere. There are only two ways that you are going to get off—some technical defect in the ticket or the officer decides to give you a break. And both are more likely to happen later, when your attorney contacts the officer or the district attorney.
Other than being polite and cooperative, here are some of Perkins’ tips: · When the lights come on, pull over quickly so the officer doesn’t get mad trying to make you stop. · Know where all your documents are, so you don’t have to fumble around for them and waste the officer’s time, especially when it’s raining. · Hide the radar detector. · Don’t waste time with hopeless explanations like you were just “going with the flow,” it was your cell phone’s fault, it’s a stupid law, your car has to be driven fast or it fouls plugs, or your car is designed to be impervious to radar. · Don’t beg for a break. Police officers have egos. The idea that you just deserve a warning has to be their idea, and they have to feel like they are being magnanimous and granting you a break—not doing it because you are a whiner.
I REALLY DID THAT?
Perkins also points out that denying the offense is unlikely to do any good. Remember, the officer pulled you over because he thinks you’re guilty, and denying it is telling him he’s wrong. But, if you’re a good negotiator, Perkins thinks you might try to persuade the officer that you were unaware that you were doing what he stopped you for, and that you wouldn’t have done it if you were aware of it. That sort of humility and self-criticism might get you off with a warning or a more favorable resolution later, like traffic school. But, Perkins cautions, “Don’t make things worse by saying you didn’t realize you were doing 90 mph.” That kind of arrogance or stupidity will get the book thrown at you. The nice approach won’t always work, but it worked for Pete Stout, and it has the greatest chance of winning for you.
Perkins adds, "All bets are off if you get ticketed by a motorcycle cop. Those guys are really tough!"
JOHN DRANEAS is an attorney and car collector in Oregon. His comments here are general in nature and not a substitute for a consultation with an attorney. He can be reached at legalfiles@sportscarmarket.com
