ENFORCING TRAFFIC
LAWS
by John
Martin
12-31-03
What
would happen if there were no police to enforce our traffic laws?
Would there be mayhem on the highways? Would accidents, injuries
and deaths skyrocket?
That is
probably the mindset of many people, especially those with
statist inclinations. Who would keep the drunks and reckless
drivers under control? Isn't that just as important as
stopping people from looting, robbing and killing?
Of
course, everyone should be responsible for his actions. If a
person causes an accident, he should compensate the victims for
the damages he did to them. That is the proper way for the law to
be applied. And that is why people carry liability insurance --
to protect themselves just in case they are charged with
accidents.
But as we
all know, most traffic law enforcement is not directed at
accident prevention and justice. It is cops roaming around, or
sitting around, ready to pounce onto whatever technical
violations they can find. The vast majority of these endanger
absolutely nobody. Typical examples are not wearing seat belts,
rolling stops, running quick-changing lights, and of course,
exceeding a speed limit that is more often than not 10, 15, or
even 20 mph below the safe speed a person can drive on a given
road.
An
observant person can quantify to some extent the percentage of
traffic stops and citations as related to offenses that actually
deserve them. All he has to do is count the number of police
stops he sees in a given period of time (a month or two, perhaps)
during his daily commuting. He can compare these to the number of
serious violations he sees committed by other drivers in the same
area and during the same period that actually deserve citations
-- the reckless ones that endanger people and property, not
technical infractions. Typically, one can see 20 to 50 traffic
stops for every violation that is worthy of a ticket. Even though
only half of these stops may represent actual citations, the
percentage as related to deserving offenses is
overwhelming.
The
remaining stops are not exactly harmless either. In addition to
diverting police attention away from stopping crime, they are
frequently a harassment to motorists. It would not be so bad if
the police simply informed the motorists of their infractions and
let them go right away. Instead, they routinely insist on looking
at licenses, insurance papers and registration. They often ask
invasive none-of-your-business questions and make requests to
search the vehicles. Of course the motorists can say
"no," but most are intimidated into complying lest they
be further detained to wait for search warrants on real or
imagined suspicions that they might be hiding something. Most
people don't want to risk wasting that much time.
In recent
years, traffic law enforcement has become more abusive than ever.
Although speed traps have been around for decades, their numbers
and abuses have multiplied greatly. Many local governments have
developed strategies to make enforcement an efficient cash cow
rather than a safety priority. They have invested huge sums in
radar, cameras and other gadgets to nab any hapless motorist who
doesn't follow the letter of the law. Signals are sometimes
rigged with such a short yellow, it is impossible to avoid
running a red light. Fines, penalties and court costs have
exploded far out of proportion to inflation and normal living
costs. They have imposed minimums on how many tickets each
officer must issue lest he be reprimanded or even demoted or laid
off. Police are increasingly using roadblocks and checkpoints to
stop traffic to scrutinize licenses and "papers," quiz
motorists and passengers, and search vehicles for incriminating
items and valuables to seize. More and more frivolous
"offenses" have been created such as "Click It or
Ticket" -- an especially nasty imposition because it is
largely financed by federal matching funds.
The
timing and manner of much traffic law enforcement is further
proof that traffic safety is a lower priority than generating
revenue. Everybody knows that late at night when traffic is
sparse, the odds of having an accident, especially one involving
other vehicles, is greatly diminished. Yet in many areas, the
numbers of police during these times are just as great as they
are during peak traffic periods -- sometimes greater. Motorists
are practically alone and easy targets. They must be especially
vigilent -- not for driving safely -- but to avoid any act a
policeman might percieve as a justification for a traffic stop
and a possible citation. The danger is especially great during
holiday weekends when nearly every law enforcement officer is on
the prowl instead of where he belongs either protecting us from
criminals or spending the holiday at home with his
family.
Traffic
courts have become kangaroo courts. The defendants tell their
stories to judges who routinely presume them guilty and impose
heavy fines and court costs. Because of this lack of justice, the
great majority of victims simply mail in their tickets along with
checks to pay the fines, especially if they are from out of state
where going to court would be very time-consuming and
costly.
Politicians love this kind of law enforcement. It not only
provides extra revenue; it gives the police something
"legitimate" to do with time they might otherwise be
"wasting." A policeman's duty 95% of the time is
standing by watching out for crimes and being available when
needed on an urgent call. And yes, there is nothing wrong with
spending some of it in coffee and doughnut shops.
In
addition, many policemen have accepted traffic duty as safer than
going after criminals who would be more likely to attempt to hurt
or kill any authorities who got in their way.
How is
traffic law enforcement different? Unlike criminal activities,
which are pre-meditated wrongs against other people, traffic
violations are caused by negligence and carelessness, not by
willful attempts to hurt other people. Therefore, imposing
criminal penalties for them is the wrong way to keep our highways
safe.
What
should we do about traffic laws? For the most part, they are
reasonable and fair. Everybody who uses the roads should respect
the rights of other motorists. And nobody should deliberately
intimidate or endanger others.
But where
does law enforcement come in? And do we really need it? What
would people do if there were no cops around? All one has to do
is look at some of the numerous places where that is true. There
are many rural roads that have little or no traffic police. Even
some Interstates are not patrolled between midnight and 6 am. Are
the accident rates any higher there? Police departments do not
like to admit it, but the accident and death rates are rarely any
higher than other roads that are regularly patrolled and strictly
enforced.
Why is
this so? The truth is that traffic laws tend to be
self-enforcing. There might be a greater number of trivial but
perfectly safe infractions. But if a person is reckless in his
driving habits, he is more prone to have an accident. He knows he
would suffer damage to his car and risk injury or death. His
insurance premium would also go up. For 99.999% of the people who
drive, these alone are compelling reasons to drive safely and
carefully.
In
addition, there is another factor that would make driving safer.
If there were no traffic police to harass them, motorists would
have a greater peace of mind and be able to devote their
attention to driving safely instead of diverting some of it to
watch out for pirates with blue lights.
And
finally, we would have much better police protection. If we
eliminated the diversions of traffic stops and roadblocks along
with victimless "crime" enforcement like drug busts,
prostitution and gambling stings, asset forfeitures, and other
counterproductive and oppressive activities, police would not be
able to neglect their duty just to have something to do. They
would have the choice of fighting real crime or doing nothing.
Numerous patrolmen could function as detectives and other
positions to solve crimes. They would be able to devote all of
their time to protect people and their property from thieves,
burglars, muggers, robbers, vandals, arsonists, extortionists,
murderers, and terrorists. Police would once again become the
people's friends instead of their adversaries. They would be
appreciated as genuine public servants, and in turn, people would
be more co-operative in helping them out during emergencies. When
this happens, the police will be more than deserving of some
extra days off and some extra time in the coffee shops.
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