COLORADO SPRINGS, COLO.- Local municipal court judge Matthew Ramirez was presented with evidence today that the city is operating an UNJUSTIFIED SPEED LIMIT TRAP in the construction zone at the intersection of Highway-24 and Interstate-25. Though drivers are regularly cited for exceeding a 30mph speed limit, the posted speed does not meet the 85% compliance rule, nor the “pedal test” for enforceable speed reductions. Both are characteristics of improper and legally unenforceable “speed traps”. Plus, it turns out, 30pmh is not even the minimum speed required to cross under I-25 before the traffic light turns red.
At 30pmh it takes a motorist 8.75 seconds to cross the intersection from West to East. But the traffic light allows only 2.75 seconds! No wonder drivers don’t want to slow down. Upon seeing the video, instead of calling traffic engineers to set appropriate speed restrictions and adjust the timings, Judge Ramirez instead put his stamp of approval on CSPD’s very lucrative speed trap.
YES, I got a speeding ticket. Haha. And yes, today I was found guilty. I’m not upset so much as disappointed that the judge made himself complicit with the city’s scheme.
I know that “speed trap” has come to designate anywhere that police monitor traffic speeds, sometimes in hiding, and issue tickets. But I’m not using the term in the general sense. “Speed trap” has a legal definition which describes a scenario where police are ticketing motorists who have been forced, by circumstances under the control of the police, to violate the law and thus become eligible to be asked to contribute to the local administration’s fee based tax. “Speed traps” are abuses by law enforcement to maximize citation revenues without having to come across and apprehend offenders operating autonomously to local fundraising schemes.
On August 31 of this year, I was clocked going 43mph in a 30mph construction zone. Except for a vague feeling that I had not been “speeding”, I had no intention of fighting the ticket. I support the enforcement of speed limits and I accept that being pulled over is more or less a random hazard of going with the flow. No objection. But my recent attendance at municipal cases brought against activists has meant a lot of time spent in courtrooms where I couldn’t help but notice that many, many drivers were being cited for the same ticket as me, crossing the same intersection, their fines doubled because it’s a construction zone, almost all of them taking a plea.
My decision to plead not guilty led to a fruitful survey of legal abuses perpetrated by our traffic courts; on the part of the city attorneys, on the part of the police officers, and on the part of the judges. It was worth the fight and I assure you it’s not over.
Hundreds, if possibly thousands, of motorists have been ticketed, and are still being ticketed, like I was. Unless they’re riding the brake as they approach the intersection, they are considered speeding. Often, hitting the brake at that approach means upsetting drivers around you impatient to build speed for the on-ramp or impatient to cross the long intersection. To slow to 30mph when surrounded by others causes you to “impede the flow of traffic”, which is itself a driving offense in Colorado. Yes, driving the speed limit, when it impedes speeders, is illegal because the disruption it causes is considered unsafe. A traffic instruction that causes a driver to commit a worse infraction is not enforceable.
Likewise, if you have to choose between maintaining your speed to cross an intersection legally, before the light turns red, or lingering in the middle at risk of colliding with cross traffic, the safest recourse is also clear.
Judge Ramirez rejected the necessity defense, which protects accused if their infraction is incurred while trying to avoid more hazardous violations. He did not find it troublesome that local drivers were being forced to decide between speeding or running a red light, knowing they could be punished in either case.
Colorado Springs traffic ticket revenues are relying heavily on drivers being fraudulently stopped and fined. At ten dollars per mile over the limit, doubled for the construction zone, the fines add up. These penalties are for driving the intuitive speed calculated by the engineers who designed the motorway, in this case also by the engineers who time the traffic lights to facilitate flow.
A FOIA request will probably reveal the revenue to number in the millions, coming from local citizens feeling wronged. And if they took their case to court, feeling further wronged by the unjust process.
To begin with, they won’t show you the evidence against you. And it gets worse from there. With just this case I’ve documented abuses to rival the ACLU’s condemnation of the corrupt court system of the Colorado town of Alamosa. Their chief judge resigned in disgrace.
Check back as I update this article to recount the unending duplicity of the city attorney’s office. Then there are the dishonest public safety managers. And the police officers who outright lie. Aided and abetted by judges who know better. It’s a long story and all the more ugly because it could happen to anyone. And if Judge Matthew Ramirez has his way it will happen to you.
Never Forget What? The Alamo? The Maine? The Lusitania? Pearl Harbor? Every example of a tragedy our government exploits has turned out to be a fraud. Interesting company then for Nine Eleven… Although the traditional syntax is “Remember the–“. Usually “Never Forget” has been proprietary to Holocaust remembrance. Curious they’d want to dilute the tag line for a mere few thousand WTC victims. It makes me sick at heart. The event was seared into our memories, television broadcast at half mast for days afterward the better to sober the public to a terrorist attack’s ramifications. So WHY must we Never Forget? Revenge? Of course it’s shorthand for “Never Forget, Never Forgive.” You want an eye for an eye? How about vigilance? To prevent an alleged 9/11, we might be best to NEVER FORGET what got us here, brutal imperialist abuse heaped on the rest of the world. That’s the perspective it would be good to remember. Never forget Bhopal. Fallujah. Abu Ghraib, Gaza and Cast Lead. “Never Forget 9/11” is one of the first slogans trotted out at anti-Palestinian rallies. Curiouser and curiouser. So I’ve got more ships for you: Never forget the USS Liberty, or the Mavi Marmara.
The US Navy cruised to the rescue. The rescue of whom, we never got the chance to find out. An explosion aboard the USS Maine gave America the pretext to blame a Spanish torpedo. An America inflamed by a jingoist press declared war on Spain and promptly seized her colonies “to protect US interests,” by coincidence just as the indigenous populations were overcoming their colonizer and were about to win their freedom. Today a US attack fleet speeds toward Egypt. Washington asserts its mission is to evacuate US nationals if need be. 
