Court

Feature Writing/Traffic Court: Next Victim

"But your honor," a convicted speeder yelled! "I'm innocent. ...It's a mistake...! I don't have that kind of money!!... This is a kangaroo court!!!"

"Next," Judge Michael Petrizzo instructed his young clerk.

"Louis Schneider, driving a passenger vehicle in emergency lane," she read aloud.

The officer and Schneider approached the bench. After looking at the computer screen the judge saw that Schneider had a clean record. He pleaded not guilty, took the oath and testified.

"I was on the Belt Parkway's Rockaway Parkway Exit, in Brooklyn, following traffic, when Officer Scott Chiat was pulling over traffic and issuing summons. I explained that I was from Suffolk County and didn't know the area, or that it was illegal. But it was futile. Officer Chiat was apathetic. I have pictures proving there were no warning signs and a letter from the department of transportation saying it is a service road.

"I even measured the service road and the distance from where he was to where the officer was, the time of day, and how sunny it was. According to his measurements the lane was 7.2 feet wide, compared to the 5.3 of other lanes," Schneider testified.

Officer Shiat took the oath and read his log account of the incident and said Schneider was misinformed about it being a service road.

Confronted by Schneider's facts the judge looked like he was about to concede by the blank look on his face when he paused, slowly lifting his gavel. Surprisingly, Judge Petrizzo asked for another location like the one in question.
"He has to keep up his conviction rate," a man whispered to his neighbor.

Instantly the smile on Schneider's face was replaced with a look of surprise and disappointment. He paused a moment and said smiling, "Hempstead Turnpike East, on the Wantaugh State Parkway."

Again the gavel is in mid-air when the judge said, "Yes, but that's Nassau County! Can you give an example in NYC!?"

"I've got one your honor," exclaimed David Leifer! He was a divorce attorney there to fight a summons the same officer issued him. "Church Ave. and Ocean Parkway," he said, excitedly!

Still the judge kept Schneider on the hook by asking how recent the photos were. But Schneider was lucky, they were taken that morning. Judge Petrizzo studied the pictures carefully, finally after what seemed like an hour, he ruled not guilty.

Schneider breathed a deep sigh of relief as he thankfully shook David Leifer's hand and left smiling from ear to ear.

The next few cases involved the same officer and judge. Leifer was next. David Leifer was ticketed for making a right turn from Ocean Parkway onto Church Avenue. He explained that the sign was covered by paper and testified that the officer became very belligerent after he pointed it out. "All the tickets issued since the sign was covered are illegal," Leifer exclaimed! "They must be thrown out! People don't have x-ray vision," he added!

The facial expressions of the judge and officer said PANIC!

Leifer continued testifying that the officer ignored his request to look at the sign. "He couldn't have feared me because I was wearing shorts and a t-shirt! He could see I wasn't carrying any concealed weapons! He asked me who the hell was I to question his authority! I'm an American citizen and lawyer, that's who!"

Officer Chait was sworn in and testified that although the sign was covered it was not an excuse to break the law.

"The defendant yelled at me to look at the sign," the officer added. "He told me to get my eyes examined and I need new glasses."

"He's lying," Leifer shouted!

"Be quiet," the judge commanded! "You had your turn!"

"But he's lying your honor," Leifer exclaimed more softly.

"You'll get to speak," the judge said! "Continue officer."

"Mr. Leifer said he was a lawyer and threatened to sue me if I gave him a ticket."

"That's a lie too," Leifer shouted!

"It is not," Chiat shouted back!

"My girlfriend was a witness," Leifer shouted at the officer!

"She was 50 feet away," the officer yelled back at him!

"Enough," Judge Petrizzo yelled! "I've had enough of you two! I- except you to conduct yourselves professionally!"

"I have pictures," Leifer said angrily!

"Where are they," the judge inquired?

"You have them your honor," Leifer replied.

"Those were submitted as evidence from the previous case," the judge explained. "The law prohibits using the same piece of evidence for two cases. I can't find you innocent without evidence, Mr. Leifer. If you’re an attorney, you should know that. I suggest you do your homework next time Mr. Leifer."

Leifer had no further evidence and refused to plead guilty, so he took a postponement.

At about 12:30 Judge Petrizzo left and Judge Lee Carr, a young woman, replaced him. She called the next case. Francine Beckman, illegal turn on arrow. A young woman approached the bench, pleaded not guilty and was sworn in. “She was convicted of going 15 miles above the speed limit six-months-ago,” the judge said, viewing her record on the computer screen.

She testified that she was at a light on Eastern Parkway and Utica Avenue when her muffler fell. Two officers were directing traffic on opposing corners one told her to pull out of the intersection. After she did the other officer gave her a ticket. She tried explaining but he would not listen. She was agitated and had a receipt for a muffler dated the day after the ticket.

The officer took the oath, read from his log and denied this. It was her word against his and since she had no other evidence she was convicted and fined $60.

The next case was speeding, 65 in a 55. A heavyset man was the next "victim". A different officer testified that she caught him speeding on radar. He pleaded not guilty saying the man next him was in front of him on the road and the officer got him by mistake.

The record showed that he was convicted of running a stop sign ten months earlier making it his second offence, the fine was $125. There was no way of corroborating his story so this case was quicker than most.

"They know that most people are too busy," Michelle Shibica whispered. "Or they cannot afford to take the day off from work to come here. They make it very convenient to mail a check or use a credit card. The system's a cash cow. It boils down to one -thing, if you are innocent the judge, cop and clerk's time was for nothing. But if you're guilty it puts at least $60 in the pot. Occasionally someone does not have the money and will drive without a license, but most people pay. Some are a little smart and take a defensive driving course to eliminate two points from their license and get a 10% discount on their liability and collision-insurance. That's about the best you can do in no win situation like this."