Stopped for a Traffic Ticket? Time to Pass the Attitude Test.
You had to pass a driving test to get your license. If you have really bad luck, you may have to pass a sobriety test. But every time you get stopped by the police, it’s time for the attitude test.
What is the Attitude Test for Traffic Tickets?
The attitude test is given by the officer and is completely subjective. It’s all about how the two of you interact. If you come across as a jerk, you fail. If you come across as friendly, you pass. Neutral – you probably pass. You just don’t want to stand out in the officer’s mind as a jerk.
What does failure look like? Being smug; disrespectful (mentioning “pigs” or “bacon” usually equals a fail); yelling; swearing; reminding the officer that you “pay their salary;” pulling over a spot that is obviously unsafe for someone to be on the shoulder (like in a gore point).
What does passing look like? None of the above, obviously. Being polite; not arguing the ticket. Does that sound like rolling over or knuckling under? Could be – but you’re better off not taking the chance that your objection be taken the wrong way or that you say something that will be used against you later. Then we can fight the allegations in court.
Passing the Attitude Test Can Determine Your Fate.
If you fail the attitude test, you could get tons of tickets dropped on your head from that one traffic stop. Why? Because most us can violate a few traffic laws all at the same time – speeding, not signaling 100 feet before a lane change and then making a u-turn. Oops. Passing the test will usually get you one ticket plus some warnings – or if you’re very lucky, warnings all around.
The attitude test also comes back into play in court. How? The officer will have taken notes about your traffic stop. My stomach always drops when I see the officer has written that my client was “a jerk” or “yelled throughout,” etc.
Passing the Attitude Test Can Be Tough.
It can be hard to pass the attitude test. Many officers are friendly out on the street. Some aren’t so friendly. However, a lot of those “unfriendly” officers are acting, in my opinion, out of a desire to control the situation. They don’t know if you’re an average joe or someone that might want to hurt them – consequently, they take control through a brusque attitude. It doesn’t work well as customer service for average joe but probably makes the other guys think twice. A lot these officers, by the way, are some of the nicest folks you’ll meet when they’re not pulling you over.
What Can You Do if The Officer Treats You Poorly?
You have some options if you feel an officer that stopped you on the road treated you poorly. First, write down everything that happened. Second, after your case is done, file a complaint. (Filing a complaint while your case is pending is a bad idea for obvious reasons.) At worst, you may feel better. At best, if the officer really is mistreating people on the road (and this wasn’t just one bad interaction), he or she may get enough feedback to take a second look at how their work methods are affecting the people they pull over.
Finally, turn in your survey. According to a report by OPB, Portland Police are participating in a national survey that is “focus[ing] … on the quality of the encounters people have with police and on peoples’ perceptions of the police department.” Bad results should catch the eye of PPB brass and maybe bring about a kinder, gentler traffic stop.
But What About My Ticket if I Fail the Attitude Test?
Best thing to do: Get an attorney. A traffic ticket attorney can defuse any leftover ill will by acting as a go-between for you and the officer. A traffic ticket attorney can also appear on your behalf so there’s smaller chance that the officer will recognize your face and have that bad interaction come back to them. I’ve been able to smooth many a ruffled feather by explaining my client’s situation that led to the failure of the attitude.
If you’ve got a traffic ticket – especially one where you’re worried you failed the attitude test – give me a call.