Bottom Line
Road Law
Wrong place at the wrong time vs. right place at the wrong time

Let's take a look at two drivers with identical violations in the same court but at different locations in the same town. You may want to play the Dr. John song "Right Place Wrong Time" as you read this one. The result may surprise you.

DRIVER No. 1
Q.
I received a ticket in Pryor, OK, for disobeying a traffic control device at or near U.S. Highway 69 and 1st Street. I got stuck in the intersection behind another truck. I didn't realize it was going to stop before I could clear the intersection. Is there anything I can do to try and keep this from appearing on my MVR?

A. Yes. Someone will need to contact the court and the prosecutor to discuss the facts of your case. There may be an opportunity for relief if your driving record is clean.

DRIVER No. 2
Q. I received a ticket in Pryor, OK, for failure to obey a traffic control device at or near 9th and Mill streets. I was unable to stop completely because of the ice and snow on the road. Is there anything that can be done to try and keep my record clean?

A. Yes. The court and the prosecutor need to be contacted in order to see if any pretrial relief is being offered at this time for CDL drivers.

Pre-trial conference for Driver No. 1

Attorney: Thank you for your assistance in this matter. Mr. X is a commercial driver whose livelihood, and that of his family, depends on maintaining a good driving record. It is my understanding that Mr. X has not been convicted of any similar moving violation within the past three to five years. As such, Mr. X would respectfully request that he be allowed to plead "No Contest/Guilty" to a zero point, non-moving violation – i.e., "Defective Equipment" with payment of all relevant fines and costs.

Prosecutor: I will agree to recommend a "deferred prosecution agreement." Please review same and after executing please return to me with the deferral fee. We will not file the traffic minute/order until payment has been received. I will forward a file-stamped copy of the minute/order to you immediately upon filing.

Pre-trial conference for Driver No. 2

Attorney: Thank you for your assistance in this matter. Mr. Y is a commercial driver whose livelihood, and that of his family, depends on maintaining a good driving record. It is my understanding that Mr. Y has not been convicted of any similar moving violation within the past three to five years. As such, Mr. Y would respectfully request that he be allowed to plead "no contest/guilty" to a zero point, non-moving violation – i.e., "defective equipment" with payment of all relevant fines and costs.

Prosecutor: Unfortunately, the area where Mr. Y received his ticket is one of our "hot spots" and one in which I will not be able to recommend anything to assist Mr. Y because of these circumstances. He can either pay the fine or come to trial.

Wrong place and wrong time.LL


We invite you to send any questions or comments you may have regarding transportation law to: ROAD LAW, 3441 W. Memorial Rd., Suite 4, Oklahoma City, OK 73134; fax to 888-588-8983; contact us through our website at www.roadlaw.net; email us at roadlaw@att.net; or call us at 405-242-2030. We look forward to hearing from you.

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