In a January E-newsletter (Issue #157: An Insider's Guide to the NMA Virtual World) we discussed the resources available through the NMA website to help you fight traffic tickets.

But did you know you can also get helpful information directly from the very agencies that make up the traffic enforcement system?

Let’s say I get a speeding ticket in Madison, Wisconsin, where I live. I want to fight it, but I also want to see what I’m up against.

First I need to know what I’m accused of and what the penalties are. The officer wrote down 346.57 (4) on my ticket and also noted 39 mph in a 25 mph zone. No way! A quick Google search takes me to theWisconsin Statutes where I find I’m accused of exceeding the statutory speed limit of 25 mph. 

Since I was allegedly going 15 miles over the posted speed, the Wisconsin Department of Transportation website shows I’ll take a four-point ding on my driving record, if found guilty. The ticket also shows a fine of $175.30. From the Dane County Circuit Court website, I learn that this amount includes various additional fees and surcharges beyond the base forfeiture.

(In some areas, your ticket won’t show the amount of the fine. This is because the court determines the total after receiving notice of the alleged violation from the police. Your ticket may have instructions for retrieving your case information online, including the fine amount. However, it can take up to two weeks before your information is available.)

Next I need to find out what four more points will mean for me. My driving record isn’t perfect, but I’m not sure how many points I already have. I don’t want to risk losing my license with another ticket. For $5.50 I access my full driving record through the WISDOT website.

Wow! I’ve already got eight points on my record; four more and I’m done. I have to win this one. I also discover that I may be able take three points off my record if I agree to attend a traffic safety course. I’ll keep that in mind.

The website also lets me instantly find out the status of my license. Mine is valid, but you’d be surprised at how many people are driving with suspended licenses and don’t even know—until they get pulled over. Find out before that happens.

I need to plead not guilty. The City of Madison Municipal Court website (the jurisdiction for my ticket) tells me to appear in court on the date marked on my ticket to enter my plea, or I can mail my not-guilty plea using the handy form on the website. I’ll send in the form to save a trip to the court house (as well a possible parking ticket). I send my plea using registered or certified mail, so I have a record of delivery. (Whenever you deal with a court online or through the mail, make sure you get confirmation that the court has received your plea, request, motion, payment, etc.)

Now I need to file for a continuance to get more time to prepare my defense. Again, the Madison Municipal Court website comes through with instructions. I think I have to make the request in writing, and I need to receive confirmation from the court—otherwise I still need to appear on the original date. I’m a little confused, so I call the number on the website for more information. In general, be cautious of information received verbally from court personnel. However, in this case, the court clerk confirms my understanding of the court rules, so I’m comfortable.

If I fail to appear, the website warns me: “…the judge may order a suspension or revocation of your driver's license, a suspension of your vehicle registration, referral to a collection agency, an interception of your tax refund, or issue a warrant for your arrest.” Better circle that one on my calendar.

Thanks to a combination of high-tech (the Internet) and low-tech (mail and phone) tools, I accomplished the following right from my kitchen table:

• Confirmed what I’m charged with
• Determined that my license is in jeopardy if I don’t fight
• Filed my not-guilty plea with the court
• Delayed my trial so that I have enough time to prepare

I can now focus on developing my defense. Since I’m a Supporting NMA Member, I’ll start by reviewing the“Fight That Ticket” E-book and the “Guerrilla Ticket Fighter” audio E-book. From there, I’ll search the NMA website for more tips to help me beat the ticket and save my license.

(Editor’s Note: This is a hypothetical example meant to show how to track down and use generally available public information. The specifics will vary from jurisdiction to jurisdiction. It’s worth spending time on the types of websites referenced here, including municipal and county courts, as well as state department of transportation and/or department of motor vehicles. This approach is especially useful with out-of-state tickets.)

Your privacy rights are under attack.

If Washington has its way, all new cars will be equipped with an Event Data Recorder (EDR) that keeps a record of your driving behavior in case of an accident. (Senate Bill 1813).

Since EDRs (or black boxes) have become so widespread, the real issue is who owns the data they collect. As the vehicle owner, you should. But unless you send a signal to Washington, that outcome may be in jeopardy. That’s why we need to gather at least 25,000 signatures on this petition by May 22.

You should also be able to do whatever you want to with your black box data. That includes sharing it with others or deleting it altogether. But it’s not that simple. Only 13 states have laws governing the use of your driving data. That means the police, the courts and the insurance companies can get it if they want to.

Controlling access to your driving data is crucial to protecting yourself from the black box privacy threat. That’s our view as well as the view of Thomas M. Kowalick. He leads the Institute of Electrical and Electronics Engineers (IEEE) global standards development for Motor Vehicle Event Data Recorders (MVEDRs) pertaining to EDR consumer protection of the federal regulation (U.S. CFR Title 49 Part  563).

He's concerned about the privacy challenges black boxes pose for drivers, and he’s in a unique position to do something about it.

Kowalick’s solution is to require the use of a lockable cover to block access to a vehicle’s EDR data port, preventing unauthorized access and making the vehicle owner the gatekeeper of the data. Kowalick is spearheading a high-profile petition effort to urge policymakers to adopt this requirement.

“I’m still concerned that what we have to fear about EDRs is not their capabilities but how these devices could be used in the future,” he said in a recent article. Kowalick’s strong, pro-privacy stance is welcome news to motorists. Without controls, black boxes have the potential to increase surveillance of motorists, enhance automated law enforcement and enable real-time collection of user fees/taxes.

All NMA members need to go to The White House website now and sign this petition. Then pass the link on to friends. If every member gets four friends to sign, the petition goal will be met. The transportation bill has passed the Senate and is in the House right now. The clock is ticking so you need to act at once.

Left unchecked, abuse of black box data is inevitable. Maintaining control of your driving data is critical in combating further infringement on motorists’ privacy rights. Sign the petition and tell policymakers in the White House, Congress and NHTSA that you take your privacy rights seriously.

What’s at stake when you get a traffic ticket? A fine. Maybe a couple of points on your license. Pay up and move on, right?
 
What if you found out later that you had to pay an additional penalty due to the nature of your infraction? Would you have fought a little harder?
 
A frustrated member called recently and told us about a traffic stop in Georgia. As he was passing through the Peach State, he was pulled over and ticketed for speeding. He paid the ticket and moved on, not wanting the hassle of returning to Georgia to represent himself in court.
 
Little did he know that his offense (exceeding 85 mph on I-95) classified him as a “Super Speeder,” and under Georgia law, he was required to pay an extra $200 beyond the original fine. However, he didn’t find out until he received the bill weeks after the fact.
 
 Unfair and predatory? You bet. But not uncommon. The NMA’s website forum is full of stories from unsuspecting motorists who dutifully pay their fines only to be blindsided by Georgia’s Super Speeder fees down the road. Many, like our member, state they would have fought their tickets if they had truly known what was at stake.
 
Illinois’ “Excessive Speed” law also ups the ante on speeding tickets. Passed in 2010 it creates a category of excessive speeding for drivers who travel 30 to 39 mph over the posted limit. Conviction is punishable with a fine of up to $1,500 and up to six months in jail. Fines and penalties increase for those exceeding the speed limit by 40 mph or more.
 
Other states fill their coffers through so-called “driver responsibility” programs. Billed as a deterrent, these schemes heap surcharges onto existing fines for certain infractions or for accumulating excessive points. (Drivers who can’t pay often lose their licenses and must pay reinstatement fees to get them back.)
 
For example, New Jersey assesses a $1,000 surcharge (paid annually for three years) for a DUI conviction. Michigan charges an extra $500 (paid annually for two years) for a reckless driving conviction. Michigan also charges $100 for the first seven points and $50 for every point after that.
 
Also in the “gotcha” category, most states participate in the Driver License Compact. This means that information on moving violations committed by out-of-state drivers will find their way back to the home state. The home state can then penalize the driver according to its own statutes. This is in addition to any penalties the driver has already been subjected to in the state where the infraction took place.
 
The point is once you pay the fine or plead guilty (or no contest), you can’t go back. Before you do so, find out what’s really at stake. Are you subject to any excessive speeding penalties? What about surcharges from a driver responsibility program? Additional home-state penalties for an out-of-state ticket?
 
You may realize you have a lot more to lose than you thought.