"I fought the law and the law won"

Do you know what the difference is between these two intersections? (Please notice the black lines - They represent double right-hand turn lanes)

1. One is in the incorporated city, one is not. 2. One double right turn has two small signs posted saying no right turns. 3. I received a ticket for proceeding to make a right turn where there are two small signs posted saying "No Right Turn On Red."

I went to court today because I believe I obeyed the "spirit of the law." I didn't feel I deserved the ticket. I believed that I proceeded both safely and expeditiously. I believed that my only error was not seeing the signs.

The argument I made, to the Hon Judge Keith Bee, was that I was busy as a driver, making sure the guy in the driveway on my right wasn't going to pull out, making sure that a motorcycle wasn't sneaking up on my right as I pulled into the far right lane, making sure the crosswalk was clear, making sure the cars turning through the intersection were done. The Hon. Judge Bee said we all have to multi-task when we drive. I suggested that the right behaviors are more important.

Well, Judge Bee was nice. He spoke slowly and was "I'm clearly talking to a special needs person" kind of pleasant. I was nervous and when he interrupted me once I lost my train of thought. Shortly thereafter Judge Bee said, "The only thing the court can consider" is whether or not there are signs posted at the intersection and whether or not I actually turned right. I was and am still irritated. I mean can that be right?

What I failed to say when the good judge interrupted me was that I don't buy that's all that "the court" is allowed to consider and here's why. I travel down a road to work everyday. For a time there was construction and a posted and reduced speed limit. I made a personal commitment to obey the posted limit and almost got killed doing it. Twice in the same week a truck exceeding the posted limit pulled into the other lane to go around me. Behind them were cars that couldn't see me, but that were also speeding. The cars behind the trucks had to slam on their brakes, smoke flying everywhere; one skidded sideways. It was frightening actually. Speed limit be damned after that.

What "the court can consider" is that postings cannot be the be all end all of a driver's decision making, though I do believe and support obedience to them first and foremost. However, as drivers don't we have to be flexible and adaptable to conditions which may pose a threat? I would answer yes. This requires a philosophy you don't pick up in driver's ed (though I'm sure it's buried in a law book that I'm supposed to know about.) In my case, my personal philosophy trumped the signs. My philosophy goes a little like this.

My responsibility is to proceed safely and expeditiously; safety being paramount. If I do those two things, not only will I be all right, but so will others on the road.

In addition, for what cause do we have two busy intersections with different rules. Can the reason really be that one intersection is in the incorporated city and one is not? Do the federal, state and local governments bear any responsibility to create an environment where we can predict the rules? where the rules don't change when you cross invisible lines? Grrrr.

I feel like a citizen whose judiciary isn't interested in anything other than all of the things "the court can consider." I would happily take the points and pay the $223 if the good judge would consider there is a disparity and recommend it's correction, and admit that indeed there will be times when it may be necessary for us to obey a higher law to avoid a harsher consequence. Gee, it would have even been nice to find a middle ground somewhere between "what the court can consider" and what constitutes the practical reality of driving safely. Grrrr.

Judge Bee's fellow judge, Judge Maria Lilia Felix said, "My goal is to do the right thing by everybody, by the judges and by the citizens of Tucson." I don't envy how difficult that must be. I wish I had gotten some of that. Grrrrr.

The meet your judges page for the Hon Judge Keith Bee is under construction. I'm going to guess this is his e-mail mailto:mkbee@jp.pima.gov and that someone screens it for lunatics.