To continue from our last visit about what police officers do and why they do it, let me venture into a topic that a lot of people ask me about – what is the best way to get out of a ticket? Let me say, right up front, that the easiest way to get out of a ticket is to not break a traffic law in the first place.

That is the easiest preventative measure that I can think of and it is 100% effective. Going from the perspective that this advice is only as good as the person who would use it, that ain’t going to happen. I truly understand and sympathize with most of you who have this question. Of course, another answer that might have some validity is that behaving this way or that will most likely result in a warning, written warning, or a ticket, for sure. Let me just say that every police officer is different about what they value and how they evaluate whether a violator needs or deserves a ticket.  

When I was a street cop, I had my own list of factors that would either result in a ticket or a warning, written or verbal. One of the most important things that I wanted to hear was a viable reason, not an excuse, but a reason as to why a person was violating the law. Given a really good reason, some of them were quite creative, I would normally allow the violator to go, more or less unscathed by a citation – not necessarily without a stern warning. Some people take those stern advisories in the manner in which they were issued; others got insulted by them and resented the “lecture.”

As a police officer, I am sworn to uphold the law and enforcement of those laws equally, fairly, and objectively. Many laws, especially the more minor offenses, are intended to be enforced with a bit of discretion on the part of an officer about what to enforce, how to enforce it, and what to do about violations.

In other words, sometimes a polite advisory is sufficient to gain compliance and sometimes it just won’t work. Plus, if a person continuously disregards the law, he or she has no real right to expect the “warning” that someone else might get for doing the very same thing.  The absolute best option, regardless of what you were doing, is to be polite and answer the questions that the officer asks respectfully.

The demeanor of the violator tells the officer a lot about the mind set of the violator, particularly about what they think about the violation. For example, if an officer stops a violator for speeding, say 45 in a 30 mph zone, and the first thing the violator says is, “why are you stopping me, why don’t you go catch a felon,” that is not going to go over well, trust me on this. Plus, a person who was going 15 mph over the posted speed limit is usually very aware that they were speeding.  

A different approach by the violator could have different results. In this same scenario, the violator could say, “Officer, I am sorry that I was speeding. I just wasn’t paying attention.” Some officers do allow the “guilt” response of the violator to influence their decisions and may decide to issue a warning rather than a ticket. Let me reiterate, however, that an officer who would give a citation in this scenario would be just as right as the officer who would give a warning. Sorry folks, that is the nature of discretion.  Another complaint I hear is “the officer got me, but let other cars go by.”

Well, I understand this statement as well, but to be honest about it, officers cannot catch everyone and they can’t stop everyone. Take it for granted that at some time or other you were the car that got away when the officer had to make a decision to stop one car out of many that were violating a law. The other thing that a violator can do is be aware of the dangers that faces an officer who has stopped them to enforce a traffic law.

Approximately 16% of all police officers are killed making traffic stops by passing vehicles. This problem rose to such a serious level that the legislature in many states have passed laws that require passing motorist to change lanes as they pass a police officer conducting a traffic stop or change lanes. Failure to do so is a Class C misdemeanor and enforceable by citation, even arrest. Being aware of this danger and acting in such a way that lets the officer know that you are genuinely concerned for their safety, allows them to focus on their enforcement duties and not their survival skills.  

Finally, I would like to address the issue of whether a violator should get out of the vehicle when stopped by an officer. This is a touchy issue with some officers. Some agencies like having violators get out of their vehicles to interact with them, while others want them to stay in their car. The best practice is to stay put in your car, with your hands on the steering wheel, dome light on if it during darkness, and wait for the officer to give you instructions. If they want you out of the car, they will ask you to step out and you should comply. Refusing to get out of the vehicle could put you in a very precarious position that could result in your being physically removed from the car and we don’t want that.

On the other hand, if the officer instructs you to stay in the car or get back in the vehicle, you should comply as quickly as you can safely do so. Again, failure to follow directions of the police officer could have detrimental effect on your well being. Bottom line, officers must enforcement traffic laws so that we can all drive on our streets in a situation that is relatively safe. On the other hand, all drivers should obey the traffic laws of this state and should not get angry or overly agitated if stopped by an officer. Fact is, and this is very true most of the time, whether an officer stops someone for a traffic violation or not, is totally in the hands of the driver.

Committing a traffic violation is the first step to getting a traffic citation. The severity of the violation, absent a viable reason, is the second consideration. Finally, your attitude will have a huge impact on whether a ticket is given. Remember that officers are just human beings attempting to enforce the law in a fair and objective manner. Sometimes you will get a warning and sometimes you will get a citation. Many times you are not caught at all and you should consider yourself lucky when this happens.  Until next time, drive right, be polite, and call us if you need us.   

G.M. Cox is the Chief of Police for the City of Corsicana. His column appears periodically in The Navarro County Times.

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