When police violate traffic laws

What should a citizen do, when he sees a police officer roll through a stop sign? Or drive on the wrong side of the road when he is reading his in-car computer? Or fail to signal a turn continually within 100' from an in-town intersection? Or fail to come to a complete stop when exiting from the police department employee parking lot through the driveway onto Lake Avenue or onto Fremont Street by Dick Tracy Park?

Should he write himself a ticket?

If another officer observes such a traffic violation, should he stop his fellow officer and write him a ticket? (Okay, you can stop laughing now.)

Should he contact the shift sergeant and register a formal traffic complaint and be willing to go to court and testify to the violation?

Officers of the Woodstock Police Department write many legitimate tickets. When a driver blasts down the center lane (two-way, left-turn lane) on Route 47 to pass a long line of cars stopped for a red light, that's worth a ticket.

When a driver speeds 10-15-20MPH over the limit? That's worth a ticket.
Tailgating? A ticket.
Aggressive driving? A ticket.
Passing on the shoulder through an intersection? A ticket.
Running a red light? A ticket

How about when a driver rolls up to a stop sign at a T-intersection, no cross-traffic, no pedestrians, but fails to signal a turn for the required 100 feet while approaching the stop sign?

Should he get a ticket for that or a written Warning? Is that a violation that should cost the driver $75.00-125.00?

In many jurisdictions, an officer would make a traffic stop, check the driver's license and insurance, and point out that a signal is required; then he would issue a verbal or written warning and send the driver on his way.

What happens in Woodstock?

What has been your experience, when you have been stopped in Woodstock? Did you get a ticket? Or did you get a warning? Vote in this week's survey.

More Traffic Tickets = More Revenue!

At last week's Woodstock City Council meeting I beat up pretty hard on the police department for its substantial increase in traffic tickets.

And what shows up on MSN.com News today?
http://editorial.autos.msn.com/article.aspx?cp-documentid=948333&topart=luxury

Read this article! It describes exactly what is happening in Woodstock. A crackdown on tickets. Officers' writing tickets, here at least for relatively petty infractions, just to "produce" income for the City.

Is this something we want? Will we put up with it?

As I drove around today, I realized that I was probably jabbing Chief Bob Lowen a little too hard. While he is the enforcer (err, chief) at the P.D., he gets his orders from Tim Clifton, the City Manager. And Tim gets his orders from the Mayor, with the City Council behind him.

But I have never heard traffic enforcement and revenue-generation discussed at a City Council meeting, have you?

So where did this crackpot idea come from? For the little bit that dribbles back to the City from fines and/or court costs, is it fair to slam a driver with a $75 ticket and possible $150 in court costs, just so the City can collect a few dollars?

Those who know me, know that I am a proponent of fair, firm, impartial law enforcement.

When the Woodstock Police Department tickets a couple of drivers who forget to signal their right turns, where they have nothing to do but turn right, but a couple of years ago failed to ticket a deputy sergeant who ran a stop sign and hit a car driven by a young man who just happened to be the son of one of the members on the Woodstock Board of Fire and Police Commissioners, is there something wrong with how traffic violations are enforced in Woodstock?

By the way, that one never made it to the newspapers. Or if it did, it never got published.

OK, so I'm comparing something old with something new. I'll admit it.

Here's how we get this nonsense stopped. It won't stop just because I wrote an article. It won't stop if only two or three people complain to the City - I mean, to the City Manager or to the Mayor. It will stop if several dozen or 100 people show up at one City Council meeting and claim their right to three (3) minutes of time at the microphone. Just imagine 100 speakers at three minutes each. Add in a little travel time from the seats to the microphone, and the City Council will be there 5+ hours.

Insist on no break! Make them sit there and take it. Think they'd get the message that the People are not going to put up with having the police department become a profit center for the City?

Ticket Quotas - Yea or Nay?

The question was, Should cops have ticket quotas?. The results of this survey?

No 26 (46%)
Yes 31 (54%)

Thanks to the 57 readers for participating in this survey.

Early in the week-long survey, the Yes's ran ahead in the voting. Then the No's pulled even, and at the end the Yes's moved ahead again.

Having performance standards is one thing; having quotas is another. With my bent toward traffic violations, I see a lot of them. So writing traffic tickets often seems to me to be a no-brainer. And yet I remember the days when I had time to "hide behind billboards" (that sort of "dates" me, doesn't it?), just waiting for a speeder or a driver to roll through a stop sign or a driver to pass illegally in a no-passing zone.

Where did they all go? Was there a spotlight on my car? Was some kid standing down the block with a sign reading "Cop ahead"?

Seeing traffic violations and not taking action is a "performance" problem and can be corrected through supervision and training.

Coming up to the end of the month 4-5-6 tickets short of your quota is a problem, because it means the cop or deputy then has to write tickets to stay out of his supervisor's crosshairs. And that's where the quota requirement goes awry.

Sometimes a little "roadside counseling" gets the job done, and the cop knows it. The driver understands and acknowledges the error, the cop doesn't believe it to be a "habit", and a Warning will suffice. Then there are times when a driver "cops" an attitude and a situation that might have resulted in a Warning becomes one in which a ticket is issued.

Discretion should be just that. Not favoritism (because the driver flashes his badge at the deputy or because he has an LE or FF license plate or a "police association donation" decal in the back window or because the driver says "my wife (or husband or brother or sister-in-law or best friend's niece's father-in-law's second wife) is a cop in (name the local town).

And discretion must not be taken away from the officer, just because it's the end of the month and he "has to" make his numbers.

Non-Quota Class

On December 4 I wrote about Quota-Free Policing. See below for the article.

Now here is an interesting concept. When is a quota not a quota? Is a rose by any other name not a rose? But what if you don't even change the name?

Deputies of the McHenry County Sheriff's Department have now been trained that there is no quota system at their Department. There is no ticket quota system. Got it? "It's illegal to set quotas for tickets", they have been told. And the class name for the two-hour class? "Non Quota".

And the ten (10) tickets that a deputy is now expected to write each month? (I mean, after the class...) Remember, guys and gals, this is not a "quota."

And if your supervisors push you to write more (say, 20/month), this is not a "quota", either. (Psst, remember; quota systems are illegal.)

And what happens if you don't meet this (non-) quota? You might be lucky enough to get one six-month extension to "shape up" and meet your performance standard. After that? You'll probably want to go shopping for a lawyer. And if you need a good one, call Blake Horwitz.

Where will you find all these lucky folks for your tickets? Be sure to write those tickets on County Township roads. Stay off Routes 14, 176, 31 in the Crystal Lake area. Why? It must have something to do with who gets the $80 that the driver is going to part with.

If you (you know who I mean) don't like this new "Non-Quota System", you might post your comment right here. Go to Google or Yahoo or Hotmail or Comcast.net or SBCGlobal.net or wherever and set up an anonymous email address and post your comment or email it to me at Gus@WoodstockAdvocate.com. Or fax your comments to me at (815) 338-2666.

Are we all relieved now to know that there is no longer a ticket quota system in McHenry County?

Please do keep writing those "good" tickets. Just refuse any "encouragement" to meet your "non-quota."

Quota-Free Policing

Should there be quotas for tickets and arrests in police work? Should law enforcement officers be rewarded for the number of tickets they issue or arrests they make? Is there a Success board at the McHenry County Sheriff's Department, where deputies who are the "Leaders" in ticket-writing top the list and get promoted based on their numbers?

If a deputy writes three tickets to a driver during a traffic stop, including arresting him and transporting him to the McHenry County Jail, is he a top performer? But what happens when that driver goes to court and two of the tickets result in no conviction and the driver gets Supervision on the third ticket -- meaning, if he keeps his nose clean for a few months, then even that ticket goes away? - although the fine and court costs are not refunded!

So the bottom line is - even though that driver was arrested and taken to jail, incurring time and expense of numerous deputies (not just the arresting deputy) - nothing really happened. And what if that arrest was the result of racial profiling?

What if a driver with a brown face drives past a deputy, the deputy runs the license plate and finds that the owner of the vehicle doesn't possess a driver's license, and then the deputy makes a traffic stop? The deputy doesn't really know that a violation exists, because he doesn't know whether or not it is the owner who is driving the vehicle. Is that a valid arrest, barring any actual traffic violation that gives the deputy "probable cause" to stop the driver?

Now the sheriff's department will put deputies through a "Quota-Free Policing" program. Why would something like this be needed, if procedures were not otherwise to start with? Have we been living with "Quota Policing" system up until now?

In McHenry County we have the Law & Justice Committee of the McHenry County Board. What does it really do? The composition of that Committee is changing, due to the recent loss of elected positions by at least two of its members. What interest does this Committee take in the operation of the sheriff's department? Any?

The Committee may be limited in what it can demand of the Sheriff, since the Office of Sheriff is an elected post.

We should want deputies (and police officers) in this County who enforce the laws fair, evenly, equally and impartially. Regarding traffic violations, there are so many now that no quota would be necessary. A driver with sharp eyes can detect many violations along every mile of roadway in the County.

So maybe we need neither quota nor quota-free policing. Policing will be just fine. Deputies know the laws. Once they are properly trained and supervised, there should be no problems with even enforcement. Supervisors should keep a sharp eye on those deputies who produce inordinately high numbers to be certain they are doing their job properly and within legal boundaries.

Which is it? 10 or 30

On the Woodstock Police Department's FAQ webpage is information about paying a parking ticket. For example, if you forget Woodstock's overnight parking ban and commit the grievous sin of parking overnight on a Woodstock street (and be unlucky enough to get a ticket), then you might inspect the City's official website to learn what to do about it.

Or if you visit Woodstock's beautiful historic Square, spend a lot of money on lunch at a Square restaurant, spend some more money shopping, and spend some more money at the Opera House - and then get a ticket for over-parking the two-hour limit! - what happens if you miss the 10-day window for paying for the privilege of parking on the street?

In the FAQs is:

"How do I pay for my parking ticket?

"You can pay a parking ticket in person at the police department 24 hours a day seven days a week, or by mail to the Woodstock Police Department at 656 Lake Avenue Woodstock, Illinois 60098. Parking tickets must be paid within 30 days of the issued date to avoid the fine increasing. Any parking ticket that is not paid after 10 days is processed through the McHenry County Circuit Clerk’s Office and will be assessed additional court costs. "

OK, so which is it?

Sentence Two tells you that you must pay your ticket within 30 days to avoid an increased fine.

Sentence Three tells you that, if you don't pay in 10 days, then your ticket is sent to the McHenry County Court system.

What is the City's rush to get the $5 or $10? What if you mail in your fine and your payment gets lost?

Sending a $5-10 parking ticket to court after 10 days is a total waste of everyone's time and definitely of the Court's resources! No wonder that court costs are out-of-sight!

After 10 days the City could send a postcard reminder ($0.27), urging the violator to cough up his fine "or else." Then, after 30 days, the City could make a decision whether to utilize the expensive services of the City Attorney (at what hourly rate? $200? $300?) and pursue this "criminal".

It would be interesting to know just how many parking tickets go unpaid in a year. A lot? A few? Any?

© 2008 GUS PHILPOTT

Should Police Ticket?

There is a problem all over Woodstock that some feel needs attention. The problem? Drivers who park cars and trucks across sidewalks and leave them there.

This truck with an Illinois temporary license was blocking the sidewalk on Sunday morning on Tryon Street across from St. Mary's Catholic Church. Could it be that it was there just a few minutes - or maybe it was there all night?

Woodstock residents have gotten away for years with parking across sidewalks and not receiving tickets. This could be why the problem is so widespread.

My suggestion to the Police Department is a 30-day warming-up period with plenty of publicity and some one-page warning notices placed under windshield wipers of illegally parked vehicles blocking sidewalks. Not even a formal Warning - just a polite warning and information about Woodstock's prohibition of blocking sidewalks. Because of the lack of enforcement it's fair to provide some warning in town that the police will start enforcing the law. Pick a date. Any date. Say, July 1st.

Then enforce the law. All the officer has to do after the warming-up period is pause, write the ticket, hang in on the car and move on.

But adequate publicity is needed. Newspaper, radio, posters at the local markets and big box stores, plus warnings, will get the word out. After that? Neighbors will likely help out neighbors with information and reminders, and the problem will disappear.

Think there is any chance that this might happen?

© 2008 GUS PHILPOTT

To Beat 24 Officers

Will you please increase your patrol presence on Lake Avenue in the vicinity of the Woodstock Wal-Mart?

During all hours of the day and night drivers use the curb lanes in both directions for high-speed passing lanes. The speed limit there is 40MPH. Speeds of 55-60 are not uncommon to pass us slowpokes who are moseying along at the 40MPH speed limit.

And how about ticketing drivers leaving Wal-Mart at the west exit who fail to stop at the stop sign? They roll down the driveway, glance (sometimes) toward the east to see if there might be room before an oncoming vehicle enters the intersection, and then coast right through the stop sign and turn right. Westbound drivers have to reduce speed to avoid rear-ending the driver who just ran the stop sign and turned out in front of them.

Morning rush-hour is a good time to catch eastbound drivers, and about any time after 3:30PM is a good time to grab westbound drivers.

Another common violation is made by westbound drivers on Lake Avenue who want to turn left to go south on Route 47. When westbound traffic is heavy and backed up on Lake Avenue, drivers cut into the center of the roadway and use it unlawfully to reach the left-turn lane at Route 47.

Many thanks in advance for your attention to these too-frequent violations. No warnings, please; just write the tickets.

To you drivers who like these maneuvers, a ticket will cost you $75-150, and the court costs will add about $160 to the fine. Is it worth it?