Thursday, May 16, 2019

Ever a defense?

Is there ever a defense for breaking the law?

Since December I've spent a lot of time thinking about the embarrassing situation at the Richland 2 School District.

The Board Chair owes over $51,000 in fines and penalties to the S.C. Ethics Commission.
Two people are illegally in office on the Board.

Now there is a controversy over Officers' signatures on the District's $468,000,000 bond documents.

Not small potatoes.

I was reminded this week of the ticket I got in Woodstock, Ill. in 2007. I was driving a 1999 VW New Beetle and had had recurring problems with headlights burning out often. One cold night, as I started my car and turned on the lights, I noticed the left headlight was out. I was 15 miles from home. What could I do? Just drive home and get it fixed in the morning. I almost made it!

In the block of my residence and just before I could turn into my driveway, a Woodstock cop pulled me over. He walked up and asked if I knew the headlight was out. When I explained and told him that I already had an appointment to have it replaced at 8:00AM the next day, he said he'd write me a Warning. No problem.

He returned to the warmth of his patrol car to write up the Warning, and a second patrol car showed up. I could see the cops talking. Then Cop #1 came back to my window and said, "I'm going to give you a ticket." When I asked what had just happened, all he would do is repeat his words.

I knew the ticket was a non-moving violation with a $75.00 fine, but I prepared to fight it. I planned to subpoena all the documents, the two officers, their supervisor, their department and personal cell phone records, transcripts and recordings of the police radio transmissions about the stop, the Records Dept. sergeant, the training officer, statistics for number of tickets vs. warnings for burned-out headlights, etc., etc. I planned on a real dog-and-pony show in Traffic Court.

I could pay the $75.00 before the day of court.
If I went to court and won, there would be no fine.
If I went to court and lost, I'd have to pay the $75.00 plus $200.00 in court fines and fees.

And then I thought about the likely last words and question by the judge . "Nice job, Mr. Philpott. Now tell me, was the headlight out?"

I paid the $75.00.

Two and one-half years later Cop #1, who was no longer with the department, called me. He thanked me for never having asked again what had happened when Cop #2 showed up. He told me that Cop #2 had reminded him of an order at the P.D. that, if I ever got stopped for anything, I was to get a ticket, not a warning.

It seems I had sent too many emails to the P.D. complaining about speeding cops and cops running Stop signs. I had also asked their help in stopping many dangerous drivers, who were later convicted in Traffic Court.

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