Traffic Stop Provides a Lesson in Courtesy

It’s one of those magical mornings in western Pennsylvania when nobody moves. The Saturday morning of February 6, the morning after the big snow, and there are no vehicles on the road, no people walking their dogs, no snowblowers running, nothing to break the silence except the occasional launching of cubes into the ice maker.

A great time to think about the things that I can't do. Not things that I am incapable of doing, as that list would take up several pages. This is the list of things I can't do because the snow prevents me from doing it. Driving comes to mind. In order for me to drive anywhere, I would have to make some effort to get dressed in warm layers, then go out into the blizzard and shovel and sweep for an hour. Way too much effort. I would much rather sit here and think about driving.

This past December, I was asked to get involved in a traffic stop incident. The case my client was involved in was new to me, which caused me to research the issue and become a temporary expert on the subject. By studying the actual citation, the facts of the case as related by the client, the applicable law from the Vehicle Code, and the outcome of several court cases, I was able to develop multiple defenses for my client.

The day of the hearing arrived and as I outfitted myself in the lawyer's armor of a freshly laundered dress shirt and a swell-looking necktie, it dawned on me that I was running a few minutes late. I dressed quickly and headed to meet my client. As I traversed Ewalt Road in Richland Township, I casually looked at my dashboard clock to see that it was 9:04 a.m.

I passed the entrance to Hance Elementary School and saw the obligatory police car parked opposite the school's entryway acting as a deterrent to the speeding driver. I glanced at my speedometer and saw that I was going 26 miles an hour, one mile over the posted speed. As I rounded the curve, I saw blinking lights in the rearview mirror so I moved over to let the officer pass. No doubt some miscreant had breached the peace and this officer was speeding to the scene to dispense swift and certain justice.

Imagine my shock when the police car tucked itself in behind mine. Why was he sitting behind me? It crossed my mind that perhaps he recognized me as a fellow member of the judicial system and had a legal question. If only.

I put my window down, put on my best used car salesman smile and said, "What can I do for you, officer?"

"License and registration, please." he replied. Uh oh!

"Here you go, officer," I said, handing over my information. "Do you mind me asking why I was stopped?"

"You were going 27 miles per hour, sir," came the reply.

Before I could stop myself, the words came out. "But it is posted at 25, officer, and I know you don't even blink at a couple of miles per hour over the posted speed."

He smiled and said, "We do have some leeway, but the lights were blinking back there on the school zone sign indicating that the speed limit until 9 o'clock is 15. You were going 12 miles an hour over the posted speed."

"Excuse me, officer, but it is 9:07 a.m."

"Not according to my watch, sir," he replied tersely.

Now I was entering that phase of the exchange where the smile fades, the tone sharpens, and the words become clipped. I reminded myself that I was speaking to the arresting officer, not the judge. I was not going to talk my way out of this one, and crying was not an option. After all, I didn't want the tracks of my tears all over my power tie.

As the officer approached my car with his paperwork in hand, I resolved to thank him for his courtesy and to offer him the season's best. He handed me my license and registration, and an odd-looking 4x6 index card. I looked at it quizzically as I reached for my glasses.
"It is a warning notice, sir. Slow down and watch those blinking lights on the school zone sign. You might want to adjust your clock, too. It’s five minutes fast. And Merry Christmas."

"Wow," came out before I could think of anything intelligent to say. "I really appreciate the warning, Officer. That was very kind of you."

He smiled now and went on. "You’re all dressed up, sir. Are you going to work?"
With a full appreciation of the irony of the moment I said, "Yes, I am on my way to a JP hearing for a traffic citation."

"Your own?" he asked with a bit of an edge.

"Oh, no. I’m an attorney and I am going to defend the rights of another driver."

"Well, I wish I could offer you good luck on that case, sir. But you will understand if I don't," he said with a wry grin.

"Happy holidays, officer, and thanks for the break."

I guess courtesy works both ways. I have the warning notice taped to my dash as a gentle reminder to slow down, and to remind me that our local police officers are on the job to protect and serve. Sometimes the highest degree of service they give is to protect us from ourselves.

Christopher M. Abernethy has been practicing law in Hampton Township since 1976. He focuses on elder law, which includes wills, trusts, powers of attorney, living wills and probate matters. He also is proficient in all aspects of real estate law and business law. He is a member of the National Association of Elder Law Attorneys and the AARP Legal Services Network. He can be reached at 412-486-6624 or by email at cabernethy@aaylaw.com.