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SDNews.com
Home La Jolla Village News

Scofflaw jaywalker learns his lesson on the streets

Tech by Tech
February 12, 2015
in La Jolla Village News, No Images, Opinion
Reading Time: 3 mins read
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*** Editor’s note: Dave Schwab is the reporter at San Diego Community Newspaper Group, publisher of La Jolla Village News. *** I went to a Padres game at Petco Park last May for a free T-shirt giveaway and left midway through, about 9 p.m. on a Saturday night. The shirt turned out to be almost the most expensive shirt I ever got. Wandering back to my car on foot through the dark, quiet and somewhat creepy streets of East Village to where I’d parked my car, I got nabbed by a police officer for jaywalking. Now, let me say, up front that jaywalking is one of those petty “crimes” I always thought was on the books but never actually enforced. Certainly, I never thought I’d be cited for such an offense in the middle of the night on a street with little or no traffic in a mostly deserted part of town. The officer lectured me on how dangerous it is not to use crosswalks. He asked for my license and repaired to his car, where I thought he would undoubtedly check to ensure I wasn’t a serial killer, then return with a stern warning and allow me to go on my way. Much to my chagrin, he returned citation in hand. Upon looking up the citation, I found that the maximum fine was $300. That’s roughly equivalent to six parking tickets at $50 a pop. And I wasn’t even in a car. As a matter of principle, I decided I was going to challenge this citation, which I did. All the stuff you heard about the police and courts being understaffed and overburdened is totally true. In June, I pleaded not guilty, and my court date was set, for Groundhog Day, Feb. 2 of the following YEAR. Obviously, citing middle-aged guys for jaywalking in a deserted part of town in the middle of the night is a police priority. On Monday, Feb. 2, I showed up for my court date, expecting the officer wouldn’t show for such a petty offense and that the charge would be tossed out. I struck up a conversation with the person next to me, who was fighting a speeding ticket (not his first). The officer who issued him his ticket didn’t show; case dismissed. I wasn’t so lucky. I can tell you this: If you challenge a traffic citation, you will get your day in court. The officer gave his account of what happened. I gave mine, noting the punishment (stiff fine) didn’t fit the crime and that I deserved a warning, not a citation. I observed that police time would be better spent elsewhere on “bad” guys committing “real” crimes, not raising revenues for the city’s general fund via police officers meeting their quotas. Did I have a hanging judge? That was one of my greatest fears. The judge turned out to be affable. He explained that, though seemingly a minor offense, jaywalking actually is a big problem downtown. He fined me but suspended the fine as long as I didn’t commit the offense again. I thanked him, noting I wasn’t a “serial jaywalker.” I told him (honestly) that I had changed my behavior since and was more careful about where — and how —I crossed streets downtown. Lessons learned: Any traffic violation, no matter how minor, will likely be enforced if an officer sees you do it; judges are human and sympathetic, and if you plead your case, they will listen to you; the current legal system, if not broken, is certainly in need of major revision. In my view, a jaywalking ticket should never have made it onto a congested calendar. My suggestion: There should be some way of “filtering” out truly minor cases like nighttime jaywalking. In fact, there ought to be a counselor, or someone of the like, who reviews your case and briefly goes over all the legal obligations/implications of it with you. Case closed.

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