06-24-2003, 09:15 PM
You hit the gas. That is generally construed as "aggressive driving" - a vague term that encompasses a lot of ground. Most common (and notable) examples of "agressive driving" are heavy acceleration (even if you never go one iota over the speed limit, posted or otherwise), peeling out, breaking rapidly (as opposed to gradually slowing), cutting in front of people, taking turns at an unsafe speed, etc. Like I said, a somewhat vague expression that covers much ground. Common sense teaches you most of that ground, but occasionally "agressive driving" can be construed as something you might not think of right away.
The problem with your situation is that any number of factors have a great impact on the outcome of the situation - whether you were at fault or not. If she was driving forward, as though you were not there, then that is a point in your favor, potentially (but not necessarily). However, if she was merely rolling forward, anticipating your departure by the time she got anywhere near you (which, though it may not be technically illegal, is certainly something to frown upon, no matter how much any of us does it, cops included), then your reaction (speeding up) was rash and uncalled for, thus why it would be held against you. OTOH, had she hit you, there's still a very good chance you would be found at least partially at fault (see the story about my friend I layed out in an earlier post), for the sole reason that regardless of anything else she has the right of way. Now, whether you are FOUND to be partially / equally at fault or not is entirely up to the officer to decide.
It's a very sketchy issue, with hardly any clear-cut factors. One thing is for certain, though - you got ticketed, twice. One ticket is contestible, but the fact that you got two from the same incident leads me, at the very least, to believe that the officer was at least partially in the right, even if you don't see it. It is, of course, impossible for me to make any firm decision as to your guilt or innocence, and would be moot regardless - I was not there, so my opinion can only be based on 2nd or even 3rd hand accounts, and is therefore irrelevant. Even so, from the sound of it, as I've said already I think the officer was at least partially, if not fully, justified in her rulings.
You raise the question of "How was I driving aggressively?" My answers is several: a) you did not yield, in any fashion (not that you had many choices, even if you HAD yielded), to the approaching car who had the right of way; B) you "hit the gas", to use your own words, rather than continuing at your original speed, or slowing down to anticipate the approaching vehicle and the overall situation; c) you pulled out, into a left-hand turn, without first yielding to the potential for the oncoming traffic, who had the right of way (correct me if I am wrong on this; it SOUNDS like you didn't wait very long after the light turned green, but since I wasn't there, only you'd be able to clarify that issue). All of these factors, with potentially more, lead to the view that you were driving aggressively. Most people don't understand the term because they (myself included; lord do I ever drive aggressively ;)) commit it so many times each time they get into their car that the idea of anything else is simply foreign to them - they're so used to driving like that that they never stop to consider what they're doing is in fact illegal. It's a great big gray area, and is always left up to the officer on hand to decide guilt or innocence in the matter - after all, it IS hard to specify just where the line between acceptible and aggressive driving behavoir can be drawn, and it would be foolish to try and draw that line in any case. :)
One thing I am curious about, though: just what WERE you ticketed for? You told us how you recieved two tickets, but you never actually detailed the REASONS behind them. You explained the situation, but even that only gives a vague impression of what COULD be the reasoning behind the tickets. What, precisely, did they state? And did the officer give any sort of clarification as to why she pulled you over, and why you were being ticketed? And for what reasons each ticket was being issued? I'd actually be surprised if you didn't question the officer on these matters at the time of the incident - but, then again, I guess it's not common practice for people to just up and question an officer when they get pulled over. I myself am a very curious individual, so it is only befitting that I try and find out as much about the incident as I can. But, then, the only time I ever got a ticket I was fully guilty, and fully aware of it, so there was nothing to question. ;) Yes, I've gotten a ticket. A speeding ticket, no less - 87 in a 65 zone. Long story, but the short version is I got into a major accident a few days prior, and the incident left me VERY shaken up. As such, I refused to take my eyes off the road for even a milisecond - not even to check my speedometer. That, combined with a paralyzing fear of being within 100+ feet of ANY other vehicle led me to try racing past an individual on my way home (I was visiting a friend up in Maine when I got into the accident; the return trip 3 days later was when I got the ticket), and it just so happened to occur right by a cop in waiting. :) I actually got off quite lucky - the gentlemen was polite but official about it. And, he didn't ticket me for anything else. I had a majorly busted headlight on the front left, to the point where, although the light worked, it could not be held in place - thus it would shine off in random directions as it dangled from its old socket by the wires. He informed me of this, and I told him I was well aware of it, and that it had just happened a few days prior, and that I was getting it taken care of the very first chance I got after I got home. He didn't say anything further on the matter, and incidently did not ticket me for it (lord knows he could have).
Now, if you want a REAL trip with cops, try getting pulled over just after leaving the Border Patrol (or whatever the hell it's called) on a return trip from Canada. Talk about unnerving. :P Fortunately, if memory serves, they were just pulling me over because of my headlight (which happened to be acting like a spotlight at the time - I bet I woke up a few people as the light shone into their bedroom windows! ;)). Still, after the hassle I got at the border, combined with the fact that I now had 2 (or was it 3? I forget) police cruisers pulling me over, along with my recent accident, I was NOT in the best frame of mind. :) I got off scott-free (not that I really did anything wrong; my headlight I couldn't do anything about anyway, but again, I told them it was going to be taken care of just as soon as I got home), but at the time I was seating bullets. Mostly because the officer pulled me out of my car and took me back to his cruiser! Well, not LITERALLY pulled me - he just asked me to step out, and follow him to his cruiser. My friend, concerned how he was, would not stop blabbering, and so the cop thought there might be something going on, so he wanted to talk to me alone. I assured him everything was fine, and that my friend just gets nervous around cops and was trying to be helpful - which was actually true; I think he might have been even more scared than I was! ;) A few minutes later and I was on my way, but the whole experience was certainly one I'll remember for a long time. :)
Anyway, I hope I cleared up any further confusion. Do tell us (or at least me) how things turn out. I'd be interested to hear more, about the outcome as well as more on the initial incident.
(P.S. - Why the hell is the Lounge giving me so much trouble lately? It's virtually impossible to make a post these days!)
The problem with your situation is that any number of factors have a great impact on the outcome of the situation - whether you were at fault or not. If she was driving forward, as though you were not there, then that is a point in your favor, potentially (but not necessarily). However, if she was merely rolling forward, anticipating your departure by the time she got anywhere near you (which, though it may not be technically illegal, is certainly something to frown upon, no matter how much any of us does it, cops included), then your reaction (speeding up) was rash and uncalled for, thus why it would be held against you. OTOH, had she hit you, there's still a very good chance you would be found at least partially at fault (see the story about my friend I layed out in an earlier post), for the sole reason that regardless of anything else she has the right of way. Now, whether you are FOUND to be partially / equally at fault or not is entirely up to the officer to decide.
It's a very sketchy issue, with hardly any clear-cut factors. One thing is for certain, though - you got ticketed, twice. One ticket is contestible, but the fact that you got two from the same incident leads me, at the very least, to believe that the officer was at least partially in the right, even if you don't see it. It is, of course, impossible for me to make any firm decision as to your guilt or innocence, and would be moot regardless - I was not there, so my opinion can only be based on 2nd or even 3rd hand accounts, and is therefore irrelevant. Even so, from the sound of it, as I've said already I think the officer was at least partially, if not fully, justified in her rulings.
You raise the question of "How was I driving aggressively?" My answers is several: a) you did not yield, in any fashion (not that you had many choices, even if you HAD yielded), to the approaching car who had the right of way; B) you "hit the gas", to use your own words, rather than continuing at your original speed, or slowing down to anticipate the approaching vehicle and the overall situation; c) you pulled out, into a left-hand turn, without first yielding to the potential for the oncoming traffic, who had the right of way (correct me if I am wrong on this; it SOUNDS like you didn't wait very long after the light turned green, but since I wasn't there, only you'd be able to clarify that issue). All of these factors, with potentially more, lead to the view that you were driving aggressively. Most people don't understand the term because they (myself included; lord do I ever drive aggressively ;)) commit it so many times each time they get into their car that the idea of anything else is simply foreign to them - they're so used to driving like that that they never stop to consider what they're doing is in fact illegal. It's a great big gray area, and is always left up to the officer on hand to decide guilt or innocence in the matter - after all, it IS hard to specify just where the line between acceptible and aggressive driving behavoir can be drawn, and it would be foolish to try and draw that line in any case. :)
One thing I am curious about, though: just what WERE you ticketed for? You told us how you recieved two tickets, but you never actually detailed the REASONS behind them. You explained the situation, but even that only gives a vague impression of what COULD be the reasoning behind the tickets. What, precisely, did they state? And did the officer give any sort of clarification as to why she pulled you over, and why you were being ticketed? And for what reasons each ticket was being issued? I'd actually be surprised if you didn't question the officer on these matters at the time of the incident - but, then again, I guess it's not common practice for people to just up and question an officer when they get pulled over. I myself am a very curious individual, so it is only befitting that I try and find out as much about the incident as I can. But, then, the only time I ever got a ticket I was fully guilty, and fully aware of it, so there was nothing to question. ;) Yes, I've gotten a ticket. A speeding ticket, no less - 87 in a 65 zone. Long story, but the short version is I got into a major accident a few days prior, and the incident left me VERY shaken up. As such, I refused to take my eyes off the road for even a milisecond - not even to check my speedometer. That, combined with a paralyzing fear of being within 100+ feet of ANY other vehicle led me to try racing past an individual on my way home (I was visiting a friend up in Maine when I got into the accident; the return trip 3 days later was when I got the ticket), and it just so happened to occur right by a cop in waiting. :) I actually got off quite lucky - the gentlemen was polite but official about it. And, he didn't ticket me for anything else. I had a majorly busted headlight on the front left, to the point where, although the light worked, it could not be held in place - thus it would shine off in random directions as it dangled from its old socket by the wires. He informed me of this, and I told him I was well aware of it, and that it had just happened a few days prior, and that I was getting it taken care of the very first chance I got after I got home. He didn't say anything further on the matter, and incidently did not ticket me for it (lord knows he could have).
Now, if you want a REAL trip with cops, try getting pulled over just after leaving the Border Patrol (or whatever the hell it's called) on a return trip from Canada. Talk about unnerving. :P Fortunately, if memory serves, they were just pulling me over because of my headlight (which happened to be acting like a spotlight at the time - I bet I woke up a few people as the light shone into their bedroom windows! ;)). Still, after the hassle I got at the border, combined with the fact that I now had 2 (or was it 3? I forget) police cruisers pulling me over, along with my recent accident, I was NOT in the best frame of mind. :) I got off scott-free (not that I really did anything wrong; my headlight I couldn't do anything about anyway, but again, I told them it was going to be taken care of just as soon as I got home), but at the time I was seating bullets. Mostly because the officer pulled me out of my car and took me back to his cruiser! Well, not LITERALLY pulled me - he just asked me to step out, and follow him to his cruiser. My friend, concerned how he was, would not stop blabbering, and so the cop thought there might be something going on, so he wanted to talk to me alone. I assured him everything was fine, and that my friend just gets nervous around cops and was trying to be helpful - which was actually true; I think he might have been even more scared than I was! ;) A few minutes later and I was on my way, but the whole experience was certainly one I'll remember for a long time. :)
Anyway, I hope I cleared up any further confusion. Do tell us (or at least me) how things turn out. I'd be interested to hear more, about the outcome as well as more on the initial incident.
(P.S. - Why the hell is the Lounge giving me so much trouble lately? It's virtually impossible to make a post these days!)
Roland *The Gunslinger*