Jesus Take The Wheel - Part Two: A Cop's Point of View

Last week, I got pulled over in Essex County, New Jersey for talking on my cell phone while driving. Although the phone wasn't to my ear, I understand that hands-free means hands-free. Period. So, technically, I'm guilty. Fine. But to add insult to injury, I was given a summons for carless driving and moments later, caught a cop driving while talking on her cell phone.

Should I have really gotten a ticket for careless driving? Why is it unacceptable and considered careless if we drive and talk on our phones without a hands-free device but okay for cops to do it? Shouldn't they practice the laws they enforce?

I spoke with a twenty-year veteran of a police department in the same county my offense took place. (He asked to remain anonymous).

We'll call him Detective Williams.

Williams hasn't worked the streets in over ten years (he currently works in the Internal Affairs Department). He tells me what I should do the next time I get pulled over, gives me the scoop on why I was really issued a careless driving summons and speaks candidly about cops who dont practice what they preach.

URBANE.URBANITE.: What's the proper protocol for pulling someone over? Does the cop owe the person an explanation?

DETECTIVE WILLIAMS: Of course you should tell a person why you're stopping them but I don't have to tell you first. As soon as I pull you over you can't say, "officer, what are you stopping me for?" I don't have to tell you why I'm stopping you. But before it's all over with, I should tell you. I should give you a reason but nine times out of ten, it won't be when I first walk up to the vehicle.

UU: What should someone do when they see a cop is pulling them over?

DW: If it's during the daytime, you pull over, put your window down, turn your car off, put your hands on the steering wheel and look forward. If it's at night time, you want to put your lights on inside the vehicle, and if it's not raining, roll all your windows down, put your hands on the steering wheel and look forward. You may want to go as far as turning off the car, pulling your keys out of the ignition and placing them on the dashboard before the officer approaches the car.

UU: I’m a little bit confused. What’s the law for using a hands-free device while driving a car? Is it that you cannot have the phone in your hands at all while driving? Can I pull over to the side of the road and then put the phone to my ear to make a call? Which is it?

DW: I haven't been in the streets for a while but from what I know, you can pull over and put the phone to your ear. And from what I know, you can also be on your speaker phone. You just can't have it to your ear.

The legislation of the New Jersey Hands-Free Bill, which was approved on November 2, 2007 clearly states:

The operator of a motor vehicle may use a hand-held wireless telephone while driving with one hand on the steering wheel only if:
(1) The operator has reason to fear for his life or safety, or believes that a criminal act may be perpetrated against himself or another person; or (2) The operator is using the telephone to report to appropriate authorities a fire, a traffic accident, a serious road hazard or medical or hazardous materials emergency, or to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs.
A person who violates this section shall be fined [no less than] $100 [or more than $250]. No motor vehicle points or automobile insurance eligibility points shall be assessed for this offense.

No where does it say anything about being given a summons for careless driving.

UU: When I was pulled over, I chose not to say anything. The cop told me what to do and I obliged. He didn’t tell me why he was pulling me over until he handed me a $140 ticket for careless driving and he just said you have to use a hands-free device while your driving and I said -

DW: Wait. He gave you a careless driving ticket?

UU: Yes.

DW: Are you kidding me?

UU: Nope. That's what he gave me.

DW: Careless driving?! Well in my opinion, I would say that's for court purposes.

UU: What do you mean?

DW: You have to go to court for careless driving. And so will he. It gives him court time. Overtime, if you will. He could have just given you a ticket for using the cell phone. Why give you a careless driving ticket? Wow. That is crazy.

UU: So what you're saying is: Giving me a ticket for something that forces me to go to court is actually more money in his pocket?

[Long Pause]

DW: Right. Depending on what the charge is. For careless driving, of course! In my opinion, you're certainly going to plead not guilty for careless driving. So now, you have to go to court. He's going to be subpoenaed to come to court to answer to that.

UU: Got you. That was going to be my next question: Do you think this is something I should fight? That's points on my license and everything.

DW: Right. That's the whole thing. You're going to plead not guilty. Now he's going to get a subpoena to come to court to take it to trial. He'll go with whatever the prosecutor will say but he gets paid the overtime. And for most places, for municipal court, it’s a mandatory three hours just to show up. He'll get three hours overtime just for showing up. Although, I know [your ticket] is going to be downgraded.

UU: Let's say you were the cop and you were pulling me over. What would you have given me the ticket for?

DW: I wouldn't have given you the ticket at all unless the phone was to your ear. Then I would have given you a ticket for not using a hands-free device while driving. That’s what you should've been given. And that’s it.

UU: A ticket for failure to use a hands-free device while driving doesn't come with automatic court time?

DW: No. That's a fine you can pay. It's an expensive ticket but that's something that you can go ahead and pay. It's not a mandatory court appearance. But a lot of times what the officer will do is give you a careless driving ticket in addition to the other ticket. Because that you will have to go to court for. And he will be subpoenaed to come to court as well, and again, that's overtime for him. [Long pause] I hate when cops do shit like that. I mean, this is just crazy to me. I mean damn, that's really trying to...that's just hammering the person for nothing. I mean, a police officer does have the discretion when it comes to issuing a summons. So, it's one thing if you called me all kinds of names and assholes then I can find some other tickets to give to you. Because technically, I can give you a careless driving ticket with any moving violation. Keep that in mind. That's just a way of getting court time.

UU: Any advice on how I should handle this once I go to court?

DW: I would definitely plead not guilty and I'm 95% sure that they are going to downgrade it. Again, once you go to court, you're going to talk to the prosecutor and he's going to basically say, "this is what I can do for you...for a fee we'll downgrade it." They may even throw the careless driving out, and just give you a ticket for use of the cell phone. They may do that. My advice to you is to definitely take what the plea is because you don't want the points on your license.

UU: When it comes to those plea deals, don't you have to pay some astronomical fee to accept it?

DW: Well in certain cases...yeah. But I'm not 100% sure.

UU: On another note, what is your opinion on cops who talk on their phones while driving? Moments after I got my ticket, I saw a cop chatting it up with her cell phone to her ear while driving. Seeing that pissed me off even more than getting the careless driving ticket. As a person in law enforcement, how do you feel about cops who don't follow the laws they enforce?

DW: My take is this: Just the other day I saw one of the officers I work with on her cell phone while she was driving a patrol car. I kindly sent her a text message: "hey police officer, don't drive and talk on your cell phone." I mean, she rode right by me on the phone. My thing is this: If you're going to enforce it, then you're going to have to abide by the same rules. My brother says the same thing. He's like: “yeah, the police want to give us tickets but I see them on their cell phones." And I say, "it doesn't make it okay for you to do it because you see the cops do it. That doesn’t make it right.” The thing is you can't say "well I'm going to do it because I see the cops doing it." The law is the law. Whether the cop abides by the law is one thing, [but] that doesn't make you exempt from it because you see another police officer do it. Yeah, it's going to make you feel some kind of way, and I would too, but on the same token, the law is the law. And you can't put every police officer in the same box because you see one driving and talking on the cell phone in a patrol car. Don't get me wrong, it's wrong. I see it all the time. It's crazy to me for something of this magnitude to be blatantly disregarded by the police when this talking-on-the-cell-phone-thing is such a major issue. I don't think it's that hard to use a hands-free device, especially when you're driving a patrol car that says police all over it. And here you are riding down the street on the phone. No, I totally disagree with that. [Long pause] It's sad, Shydel. But unfortunately, I see cops in patrol cars breeze right through red lights as well.

UU: Yeah! I see that all the time. And there's no emergency.

DW: Yeah. But sometimes there are certain emergencies where you can't alarm the people so you can't put a siren on or anything. But being though I work in the town, I hear the calls, so I know no call went out. So they’re just blatantly going through the light. It's crazy to me. It happens.

UU: Have you ever done that before?

DW: Have I ever done it? I won't say that I haven't. But I'll tell you what: it was a whole lot earlier on. It was my first couple of years when I was working [the] midnight shift or whatever. But then I realized it was wrong. But I've got a whole lot of years in now. My mentality was different then.

UU: Thanks for talking to me. I really needed to speak to someone after getting that careless driving ticket. It makes it seem like I was tipsy, swerving from side to side on my way to work.

DW: [Laughs] Nah, man. That's for court time.

UU: And this is a big deal for me because I don't have any points and I've never gotten a moving violation. Nothing. I have a clean driving record.

DW: Right. And that's why they know, in a sense; you're going to take the plea deal because it's not going to come with any points. You know? That's why they do it. They know you're going to take the deal and the cop will get his overtime pay. It's just the system, man. [Long pause] It's the system, Shydel. [Sighs] It's definitely the system.

As of today, my ticket hasn't been processed and my court date is listed as TBD. I'm definitely going to fight the ticket. But you heard the man: It's me versus the system. Do you think I'll win? What would you do if you were me? Would you take this one lying down? Or fight the powers that be?