Speed can kill your wallet

Michael Curran recently found himself pulled over at the side of the road in Ellis County, Texas, hoping the officer would let him off with a warning. Curran is the executive vice president and partner at U.S. Interactive Inc, a defensive driving course.

Bonnie Russell's former position working for a Northern California police department didn't protect her from a ticket in Marin County. Even Casey Raskob has received several speeding tickets since 1979, and he's a New York attorney specializing in traffic-related cases.

If it can happen to them, you're toast.

Leadfoots aren't born, they're made, insiders insist. That's because many governments post speed limits too low for the road conditions. According to Eric Skrum, spokesman for the National Motorists Association, traffic engineers set the safest speeds by surveying cars' velocity on a stretch of road, and then calculating the limit at the 85th percentile. That usually shakes out to five to 15 miles faster than the state-posted limits. Furthermore, adds Raskob, the limits were set to accommodate a 1950's vehicle riding on skinny tires with half as much braking power.

"Nowadays, the cheapest cars have anti-lock brakes that stop in half the distance, and everyone has radial tires," he adds. "These speed limits are antiquated."

In addition, cash-strapped states see speeding tickets as a magical ATM machine. Virginia has passed a law saying its department of transportation can designate certain roadways as "safety corridors" and double the fines in those zones. The criteria to establish one of these corridors is vague, says Skrum.

Or take Michigan, whose recent "bad driver's bill" slaps a new category of fines on offenders. Those who accumulate seven or more points on their licenses in a two-year period pay an additional $100 beyond their speeding fines. Officials expect to raise between $65 and $75 million from this new angle, says Michael Lewis, an insurance defense attorney with Zausmer, Kaufman, August and Caldwell in Farmington Hills.

Then there's Summersville, W. Va. The police in this southern town wrote out 18,133 tickets in 2001. The town has a population of 3,294. Skrum's files show this ticket-writing frenzy reaped $2.5 million for the town.

Insurance companies, too, enjoy a profitable slice, as James J. Baxter, president of NMA, points out in his messages to members. If the average fine is $150, the association's estimated volume of 25 million to 50 million tickets issued annually transfers $3.75 billion to $7.5 billion from your checking account to the government's pockets. If just half of those result in insurance surcharges (typically $300 over a period of three years), chalk up another $3.75 billion to $7.5 billion.

"Most insurance companies are quick to raise your rates," Lewis says. "It's the rare company that gives you a pass on this issue."

For instance, officials at Prudential Financial report California customers lose their 25-percent good-driver discount on the first offense. Second tickets raise the premium an additional 40 percent. A third strike equals a 63-percent increase on that original insurance bill.

Dodging the bullet
A good defense starts before you grab the car keys. Make sure any inspection stickers are up to date, and your current vehicle registration is in good order in the glove compartment. Fix broken taillights, burned-out headlights and buckle your seatbelt.

"If you have your house in order, you're more likely to hear the cop say, 'All right, lady, slow it down,' and move on," says Curran.

Next, call your insurance agent to assess the premium penalties before you have something to hide. Phone your department of motor vehicles as well to determine the point system set up for driving licenses in your state.

"Ask for a copy of your driver's record -- you won't get in trouble," assures Raskob. "It's errors of omission, not commission, that get most people in trouble."

And you do have some leeway. Most cops will spot you a few miles, says Lewis.

"I've taken the depositions of many police officers and an unwritten rule pervades the entire police profession: if you are within 10 miles an hour of the posted speed limit, you won't be pulled over. Creep over that, and your chances of getting stopped increase exponentially."

The jury on a car color, however, is still out. Popular opinion says red sports cars flirt with danger. Skrum ran across a figure that indicates white cars receive more tickets, but there are more white cars on the road, he argues. Throw in behaviors like talking on a cell phone or eating, and the dynamics really skew. Raskob boils it down to two small patterns.

"People don't understand from the other side of the radar gun how annoying and boring it can be to give out tickets. Sit by the side of the road for six hours watching traffic and the car that stands out attracts your attention," he sums up. "A brightly colored car will go first, all things being equal, and the expensive car ranks second because you aren't part of the pack."

But if a Big Mac makes you weave lanes, you can blame it for catching the cop's eye. And leading that pack puts you square in front of the radar zap no matter your vehicle or lunch habits.

Keep an eye peeled for people on bridges; they could hit you with radar and radio to a patrol car down the interstate. Construction zones that start two miles before the equipment pose a danger, and always pay attention to U-turns.

Look quick: Who is your road buddy? "No one drives a Chevy Caprice or a Crown Victoria except for police," says Raskob.

"Nobody looks further than the license plate of the car ahead of them," the attorney says.

Consider radar detectors the devil rather than your savior. Mathisyahu Wolfberg, a former police officer and now a traffic attorney who owns notspeeding.com, knows they won't stop pacing, clocking, helicopters or any visual speed estimation techniques.

"All of my tickets have been announced by my detector's helpful bzzzz sound," Raskob says sarcastically.

His personal testing experiences with the NMA determined most models won't stand up against a Ka band state-of-the-art radar gun.

"A detector will slightly even the odds in your favor. However -- and this is the part where everybody gets lost -- you have to buy the best on the market," he says.

He recommends either a Valentine or the top-of-the-line Escort version with $400 price tickets.

In 2001, the Texas Department of Public Safety reported more than 1.8 million traffic stops -- nearly 5,000 per day. Of those pulled over, 984,619 received citations while 889,341 received written warnings. In other words, the jig isn't automatically up when the sirens go off.

"So by all means don't blow the interpersonal skills test," Raskob warns.

The enemy at this point is your mindset more than the uniform. After all, you're an average, law-abiding citizen who teaches his children to respect police, Mom, baseball and apple pie.

"So when you get pulled over, you're freaked," he sympathizes. "The police car doesn't help with its lights and horns designed to put you on edge. First, you say the magic word you can't publish in any newspaper, and then you start thinking how this will cost you a bloody fortune."

Which, of course, you don't deserve -- you didn't steal something, drive drunk or throw a punch at someone. With this attitude, many people roll down the window, glance at the cop and let it fly.

"As one state trooper told me, by the 14th ticket of the morning, you just want them to take the citation," Raskob says. Mr. Officer gets the last word -- tweaking his ire buys you an ND (no deal) notation on your ticket or in his notes for the court's benefit.

Instead, focus your thinking on how to put the patrolman at ease. Curran starts by keeping both hands visibly on the wheel with his fingers out to indicate a non-threatening stance. If it's night, turn on your dome light, and always leave your seatbelt fastened lest you invite a second write-up. Scrap any thought of what Wolfberg calls the "bologna excuses":

"I have to pee," "My mother is sick," and "I couldn't possibly have been going that fast" rank among the more tired reasons. Instead, engage the officer with friendlier 30-second openers to establish camaraderie before you fork over the license and registration:

• "Officer, I'm very sorry. I think you guys are doing great work."
• "Good afternoon. I understand the procedure here, since my uncle is a retired sheriff's deputy."

Warning: chatty Cathys irritate officers, so make your greeting germane. "Nice weather we're having," only gets you a blink, and a request for the paperwork.

Do practice your answers to an officer's routine script:

• "Do you know why I stopped you?" The correct response, says Wolfberg, is always a polite no.
• "Do you know how fast you were going?" Turn the question back on him with "Do you believe I was speeding?"
• "I clocked you at 80 miles in a 65 zone." Gently say, "I see," or the even simpler, "Oh."

If you have a legitimate reason, offer it in a calm tone.

Otherwise, ask for a warning ticket or let silence reign. But do not admit guilt, especially through back-door confessions such as, "My speedometer registered only 78" or "I couldn't be going over 75." It instantly shoots your chances of wiggling free from the financial consequences in court.

Skrum suggests drivers use the time the cop checks your paperwork to take note of the area and the circumstances. Did you see the officer? Where was he when he pulled into traffic with his sirens on? What is the terrain?

If you do end up in court, it just might help.