REGION: Exercising their rights

Traffic courts bustle with motorists contesting tickets

By TERI FIGUEROA - Staff Writer | Saturday, April 12, 2008 5:05 PM PDT ∞

VISTA ---- Jo Seargeant threw her hands to her face in shock and glee.

She was standing before a court commissioner Tuesday trying to get her speeding ticket dismissed in favor of paying for traffic school.

The judge went further, dismissing the infraction altogether, because Escondido had incorrectly posted the speed limit on a stretch of Grand Avenue.

Seargeant was one of the lucky ones among those who fight their tickets in traffic court, a place where most rely on themselves rather than pay an attorney to contest citations.

"I'm so happy," the 43-year-old Escondido woman said, beaming moments after the unexpected dismissal. "I'm always careful now, driving on that road."

Karla Camacho wasn't so lucky. The 20-year-old hung her head Monday as a different court commissioner yanked her driver's license for a month and scolded her for driving faster than 100 mph on Interstate 15 south of Fallbrook.

The Chula Vista woman will also have to pay a $741 fine.

Such are the daily highs and lows of traffic court in Vista, where officials say about 142,000 traffic citations are processed each year.

It's a busy court. Each day, up to 200 people show up to plead not guilty to a litany of traffic infractions, everything from speeding to illegal turns to red-light violations captured on intersection cameras.

Six times a day Monday through Friday, dozens line up at a long table in front of a traffic court judge, shuffle forward to the microphone and enter pleas of not guilty.

Many will return a few weeks later to face the officer who pulled them over. Others will later decide not to contest their tickets and just pay the fines.

Do the homework

About 75 people have their contested cases heard at the Vista traffic court each day of the week.

Commissioner Ernest Gross has advice for those contesting a ticket: Do the homework. Research the vehicle code section you are charged with violating.

"The better informed they are, the better they do," Gross said.

Some defendants come armed with folders stuffed with paperwork and pictures of where their ticket was issued. Some come with a wadded-up ticket stuffed in their back pocket.

More often than not, they come armed with an excuse.

On Tuesday, one very irritated man argued to the judge that his 1989 Jeep Cherokee was simply incapable of traveling at 85 mph, despite a California Highway Patrol officer's allegation to the contrary.

His protestations that the vehicle shakes too violently to travel at speeds over 75 mph were not enough to overcome the presentation of the evidence ---- which often comes down to nothing more than the testimony of the officer who wrote the ticket.

A day earlier, Camacho expressed what many say after failing to convince the commissioner that the officer was simply wrong.

"Why even fight it?" she said while waiting for her paperwork to be processed. "Your words don't mean anything. They don't care what we say, it's what the officer says."

"Sweet victory"

Gross acknowledged that most traffic court defendants lose their cases. Often, they convict themselves during tortuous explanations of how it came to be that they got stopped.

But people who fight can win. Marika Doviak was thrilled when Gross ruled in her favor Tuesday.

She was sure, totally sure, she had entered the intersection of College Avenue and Lake Boulevard in Oceanside while the left-turn signal was still yellow.

But a police officer traveling in the opposite direction from Doviak believed otherwise. He testified that he saw the 28-year-old driving in the intersection when his light turned green.

The commissioner ruled that the officer couldn't see the color of Doviak's light when her tires entered the intersection. The policeman failed to prove Doviak guilty.

Moments after leaving the courtroom, Doviak pumped her fists overhead.

"Sweet victory," she said.

There's another, and much more common, way to win.

If the officer doesn't show up, the case is dismissed. When that happens, the ticket holder leaves with smiles and perhaps plans to buy a lottery ticket.

C. Lee of Cerritos was relieved, but a touch disappointed when the officer in her case didn't appear. She had come prepared, complete with pictures showing that the speed limit sign that was her downfall on the way to a North County casino was hopelessly covered in thick brush.

"It wasn't the money," Lee said of the $168 fine she was fighting. "It was the point."

The officers all say that they are supposed to show up, and they are paid to be in court on their scheduled off days.

Still, many sessions see at least one or two no-shows.

Two days in a row last week, CHP Officer Jimmy Gaffney took the time to testify against traffic violators. His pocket calendar showed that court subpoenas beckon at least a few times a week.

Gaffney said he scrawls notes of each ticket he issues, including the driver's demeanor and comments, and keeps it in case a subpoena comes seeking his testimony.

"There's nothing like having really good notes," Gaffney said.

As he spoke, the lobby behind him was full. The next session of traffic court was about to start.

"Be patient"

Debbie Parker knows that no one wants to be in her building.

When Parker transferred to the Vista traffic court as an operations supervisor two years ago, the lobby was constantly "wall-to-wall people."

"Quite hectic, and very frustrating for the customers," she said.

Until recently, the folks behind the counter were short-staffed. But court administrators finally gave the OK to hire an additional 17 to 20 clerks ---- nearly doubling the staffing.

They tried to be innovative, too. A year ago, Vista's traffic court installed an information booth, and thus a faster way to get folks headed in the right direction. The customer-service-oriented Parker called the booth "gold."

About two months ago, the court opened up a window outside the building to handle payments only. That means fewer people have to pull a number from a small machine in the lobby and wait for a call when a clerk is available.

"That was a big goal for us, to help the customers right away," Parker said.

Still, hundreds cross the threshold of the traffic court building every day, Parker said, resulting in an often long waiting period.

Parker suggested setting aside more than two hours if you have business in traffic court.

"Be patient. We are doing the best we can," Parker said.

Contact staff writer Teri Figueroa at (760) 740-5442 or tfigueroa@nctimes.com.