September 25, 2009 Finger Lakes Times article about Robert Napier's Defense Trial of former Seneca County Sheriff Leo T. Connolly

December 21, 2008 Rochester Democrat and Chronicle article about What To Do At a Traffic Stop

Keep Your Composure In a Traffic Stop
Rochester Democrat and Chronicle - Rochester, N.Y.
Author: Stephanie Veale
Date: Dec 21, 2008

You're flying along Interstate 490 in Pittsford when you spot a police cruiser perched on the side of the road.

You glance at your speedometer, jam on the brakes and check your rearview mirror. The cruiser is tailing you, lights flashing. With a dejected sigh or a string of curse words, you pull over on the right-hand shoulder of the highway and wait for the officer.

The question is: What do you do next?

How you handle yourself in the next few minutes, days and weeks may affect whether you get a favorable hearing in court and, ultimately, how much this ticket will cost you, according to local lawyers and town court clerks.

When the officer approaches your vehicle, be polite and remain calm. Remember, the officer has no idea whether you're late for work or you just robbed a bank at gunpoint.

"Set the trooper at ease as much as possible," said State Police Lt. Glenn Miner.

"Don't be indignant. ... The best thing (a driver) can do is roll down their window and keep their hands in view so the trooper doesn't think they're reaching for a weapon. Sometimes an individual who is argumentative may be trying to hide something else as well."

In some jurisdictions, including many towns in Genesee County, the trooper may prosecute you if you fight the ticket in court. If you're disrespectful on the side of the road, the trooper probably won't forget it. Even if an assistant district attorney prosecutes your case, the trooper may write down whatever statements you make and include it in your ticket paperwork. This is called the supporting deposition, and it could come back to haunt you.

The trooper will probably ask you three questions: "Do you know why I stopped you? Do you know how fast you were going? Do you know the speed limit on this road?" The best tactic is to be cooperative but say little and refrain from implicating yourself, said Rochester lawyer Robert A. Napier.

"It's advisable, in my professional opinion, not to inform the police of any admission of wrongdoing," he said.

After the officer retreats to the cruiser and you're back on the road, resist the impulse to check "Guilty" and send in your plea. Out of sight - in this case - is not out of mind. A guilty plea may lead to steep fines and surcharges, increased car insurance rates and complications with your license if you're pulled over again in a few months. And you're legally entitled to a hearing in court.

Napier said he doesn't usually hear from potential clients until they've racked up a few tickets. People often call him the day they receive an ominous letter from the Department of Motor Vehicles.

"My advice consistently is to fight the first (ticket) tooth and toenail, just as you would the third one if your license were at risk," Napier said.

If you get three speeding tickets in 18 months, or accumulate 11 points, you face suspension or revocation of your license. A speeding conviction for 11 to 20 mph over the posted speed limit is four points on your license; for 1 to 10 mph over, it's three points.

If you check "Not Guilty," some jurisdictions may offer to reduce your ticket by mail. Others require you to come to court. In town courts, it's common practice to reduce many speeding tickets to what's known as an "1110A," or "fail to obey a traffic control device." It's still a moving violation, but it's only worth two points on your license. Some car insurance companies don't factor it into rate increases.

Of course, those with colorful driving histories are less likely to receive a reduction.

Court clerks in Pittsford sometimes write letters to people who've pleaded guilty to speeding tickets, encouraging them to come to court and get their rightful hearing.

"We don't have to do that, but we like to do it," said clerk Michon Ball. "The DMV has not done a good job of educating people. It's their responsibility to tell people what will happen to them (if they plead guilty)."

Fines for speeding tickets can reach well into the $200 range, and the state levies a surcharge of $85 on every moving violation.

The Driver Responsibility Assessment Program, launched by the DMV in 2004, submits speeders to a hefty additional fee if they accumulate six points in 18 months. That fee is $100 a year for three years, and attending a driver safety course will not bring down the fine.

"I just think it's over and above what (the DMV) should be doing," said Ball, who deals with angry speeders on a regular basis.

STVEALE@DemocratandChronicle.com

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Keep your composure in a traffic stop
Rochester Democrat and Chronicle - Rochester, N.Y.
Author: Stephanie Veale
Date: Dec 21, 2008
Start Page: A.17
Section: National
Text Word Count: 788