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| What
to do if Stopped by the Police |
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| What should I do if a police officer
pulls me over? |
| Remain as calm as possible,
and pull over to the side of the road as quickly and safely
as you can. Roll down your window, but stay in the car
-- don't get out unless the officer directs you to do
so. It's a good idea to turn on the interior light, turn
off the engine, put your keys on the dash and place your
hands on top of the steering wheel. In short, make yourself
visible and do nothing that can be mistaken for a dangerous
move. For example, don't reach for a purse or backpack
or open the glove box unless you've asked the officer's
permission, even if you are just looking for your license
and registration card. The officer may think you're reaching
for a weapon.
When the officer approaches your window, you may want
to ask (with all the politeness you can muster) why
you were stopped. If you are at all concerned that the
person who stopped you is not actually a police officer
(for example, if the car that pulled you over is unmarked),
you should ask to see the officer's photo identification
along with her badge. If you still have doubts, you
can ask that the officer call a supervisor to the scene
or you can request that you be allowed to follow the
officer to a police station. |
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| If a police officer pulls me over,
can she search my car? |
| Yes, if the officer reasonably
suspects criminal activity or if she fears for her safety.
A solid hunch is all that's required, and the search may
be valid even if the real reason behind the officer's
decision to enforce a traffic law was her feeling that
you were doing something illegal.
If the officer has reason to think that you pose a
danger to her safety, she is allowed to search you and
the immediate area around you (this may include the
passenger compartment of your car and its contents --
such as bags or a briefcase -- and your glove compartment).
For example, a driver who is belligerent and threatening
might be asked to step out of the car for a pat-down
while the passenger compartment, including a duffel
bag, is searched for weapons.
If a law enforcement officer suspects that a passenger
is conducting any illegal activity or holding contraband,
the officer has the right to search that passenger and
his or her belongings. |
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| If my car is towed and impounded,
can the police search it? |
| Yes. If your car is impounded,
the police are allowed to conduct a thorough search of
it, including its trunk and any closed containers that
they find inside. This is true even if your car was towed
after you parked it illegally, or if the police recover
your car after it is stolen.
The police are required, however, to follow fair and
standardized procedures when they search your car, and
may not stop you and impound your car simply to perform
a search. |
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| I was pulled over at a roadblock
and asked to wait and answer a police officer's questions.
Is this legal? |
| Yes, as long as the police use
a neutral policy when stopping cars (such as stopping
all cars or stopping every third car) and minimize any
inconvenience to you and the other drivers. The police
can't single out your car at a roadblock unless they have
good reason to believe that you've broken the law. |
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| Avoiding
Traffic Tickets |
The best way to avoid a ticket
is to obey the rules of the road -- but sometimes even
innocent drivers are ticketed. Here are a few tips to
keep you in the clear.
To butcher a common phrase, "An ounce of prevention
is worth a pound of traffic tickets." In other words,
the best way to minimize your chance of receiving a ticket
is to scrupulously obey all traffic laws. Unfortunately,
police officers do stop and cite innocent drivers all
the time, and it's easy for a conservative and safe driver
to be cited for a technical violation. The most common
tickets are for speeding on highways. Here are a few tips
for staying out of harm's way. |
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| Make Sure You Can Spot the Police |
| First, make sure your car is
equipped with decent mirrors that give you an unobstructed
rear view. To this end, periodically clean your mirrors
and rear window, do not put stickers on your rear window
unless you have to, and keep objects off the back ledge
that may block your view.
If your rearview mirror vibrates at high speeds try
to correct the problem. A mirror that vibrates a little
will blur the subtle features that often give away the
profile of a patrol car or motorcycle. Try tightening
or slightly loosening any screws on the mirror mounting;
if that doesn't help, remove the screws to add fiber,
hard rubber, or even home-made cardboard or paper washers
or shims to the mounting. Sometimes, you can reduce
mirror vibration by having your front wheels balanced.
With a little practice, you can learn to recognize
a Highway Patrol car's front profile in your side or
rearview mirrors. Most Highway Patrol cars are manned
by one driver and no passenger. One tell-tale sign of
a Highway Patrol car behind you is the shotgun mounted
vertically on a rack in the front compartment of the
car. From your rearview mirror, the shotgun on its rack
seems to divide the police car windshield in two.
The Highway Patrol is also moving toward increased
use of smaller semi-compact cars, which are much harder
to distinguish as patrol vehicles. While many larger
Highway Patrol cars have conspicuous red-and-blue roof-rack
lights, the smaller cars (and even some of the larger
ones) use internally mounted red lights that become
noticeable only when they're turned on and it's too
late. Even so, many of these smaller cars still have
the shotgun conspicuously mounted in the front-windshield
rack.
Another feature of these cars is that they have very
large and powerful engines that allow them to accelerate
very quickly. Adopting a regular habit of glancing at
your rearview mirror every five or ten seconds will
help you to distinguish any quickly accelerating cars
whose distant image on your mirror seems to grow too
fast.
If you see a Highway Patrol officer pull off onto an
exit ramp, resist the temptation to speed up right away.
Highway Patrol officers regularly do this, only to re-enter
the highway from a nearby on-ramp a few seconds later.
With your false sense of security at having seen the
officer exit the highway, the officer will be far enough
behind so that you won't notice, but still close enough
to follow your car. Whenever you see the officer ahead
of you get off the highway, take a heightened interest
in your rearview mirror for the next few miles.
Also, Highway Patrol officers will often park very
near on-ramps, to allow them to quickly get onto the
highway to chase or pace a car they think is going too
fast. It isn't a bad idea to glance about the area as
you approach an on-ramp. After all, your heightened
awareness will not only help you avoid a traffic officer,
but will also help you be a better and safer driver!
Another trick Highway Patrol officers use is to 'pace'
you from a parallel frontage road. Watch out for this,
too.
Keep in mind that another maneuver Highway patrol officers
can perform with amazing skill is a high-speed U-turn.
You aren't safe from a Highway Patrol officer just because
he's traveling in the opposite direction. If an officer
thinks your speed is too high, he may well execute a
movie-grade high-speed U-turn to chase you. Even highways
have frequent spots where this can be done, and an officer
who regularly patrols a particular section of road knows
where such spots are. With the high-powered engines
on Highway Patrol cars, he'll catch up with you in no
time. |
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| Motorcycles and Airplanes |
| In your search for Highway Patrol cars that
might pull you over, don't forget that the Highway Patrol
uses motorcycles as well. A Highway Patrol motorcycle
can usually be recognized by its large size, radio antenna,
emergency kit, red light in front, and uniformed, blue
and gold-helmeted driver. There are times when the Highway
Patrol does not use motorcycles -- at night or when it
rains.
Patrol cars and motorcycles aren't your only worry.
The Highway Patrol makes extensive use of aircraft to
catch speeders on highways. Not all highways are appropriate
for aircraft patrols, however. Highways which are not
straight over long distances, which are near the flight
paths of major airports, or which are simply too far
from a local airport or airstrip, are less than ideal
for the use of aircraft patrols. Straight highways in
rural areas are preferred. In fact, highways patrolled
by Highway Patrol aircraft usually have signs that warn
"patrolled by aircraft," and have white mile-markers
(several inches wide, by three or four feet long) painted
on the side of the highway every mile.
We don't suggest that you stick your head out the window
to look for Highway Patrol aircraft, or point your side-view
mirror upward. Still, if you can do so safely, there's
nothing wrong with being alert for any small Cessna-type
airplane flying parallel to the highway, either ahead
of you in your direction or coming toward you from the
other direction, especially on highways with mile markers.
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| Keep A Low Profile On the Roads |
| The best way to avoid speeding
tickets on highways is to remain as inconspicuous as possible.
Try to:
Stay out of the far-left lane if possible, because that's
where officers usually look for the faster drivers.
Avoid using your headlights in the daytime while barreling
down the fast lane -- a sure sign of a speeder who
wants slower traffic to get out of his way.
Avoid unusual car decorations or adornments. Anything
out of the ordinary -- such as racing stripes, stickers
or jacked-up front or rear wheels -- will call unnecessary
and possibly unwanted attention to your driving.
In A Speeder's Guide to Avoiding Tickets (Avon
Books, 1991), retired New York Highway Patrolman Sgt.
James M. Eagan, gives some insight into how police officer
decide to pull someone over. Among the factors officers
might consider are the following:
Bumper stickers and unnecessary window decals. Most
bumper stickers -- even those favoring sports teams
-- are capable of offending someone. Conversely, the
'support your local police' or 'Police Benevolent
Association' bumper stickers are such obvious attempts
at getting favorable treatment that they're
almost guaranteed to have the opposite effect.
Personalized license plates. These are okay, but make
sure your plate isn't likely to single you out by occupation
or other category likely to offend. (One young buck
with a 'NEC BRKR' personalized plate on his 4
x 4 truck kept wondering why he got so many tickets!)
Tinted windows. Police hate them because they don't
make for easy viewing of vehicle occupants. An officer
is going to be a little more apprehensive when approaching
the vehicle, and less likely to relax and let
you off with a warning afterward.
Radar detectors. Police will often issue a ticket once
they see a radar detector, even though they otherwise
might have let you off
with a warning.
Poor vehicle condition. An officer is going to be at
least slightly more favorably disposed toward the driver
of a neat, well-maintained
vehicle than to the driver of a sloppy wreck. (Police
seem to get more than their share
of verbal abuse from drivers of the latter types of
vehicles.) Repair large noticeable dents, replace cracked
windows, keep your car presentably painted and keep
the interior neat and clean -- including the glove
compartment and ashtray in the event the officer looks
in there (and many do).
Worn tires. Replace these. An officer inclined to give
only a warning may think otherwise after noticing you
were speeding on bald
tires.
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| When
Speeding Isn't Speeding |
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If you want to fight a speeding
ticket, this article will help you understand different
types of speed limits and figure out whether you were
really driving too fast. The 50 states basically
use three types of speed limits, called "absolute,"
"presumed" and "basic." Because
each type of speed limit violation often requires a
unique defense, it is key to understand which you are
charged with violating.
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"Absolute"
Speed Limits
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| Most states have an "absolute"
speed law. There is no trick to how this works: if the
sign says 40 mph and you drive 41 mph or more, you have
violated the law. There are not many defenses available,
but some include:
Attacking the officer's determination of your speed.
To do this you must discover what method the officer
used to determine your speed
-- like radar, laser or pacing -- and then attack that
particular method.
Claiming an emergency forced you to exceed the speed
limit to avoid serious damage or injury to yourself
or others. If you had
to speed up to avoid a jet making an emergency landing
on a freeway, you would have a
good case.
Claiming that the officer mistook your car for another
car. With so many similar looking late-model cars, it
is very possible that
a cop could see a speeding car, lose sight of it around
a corner, and then wrongly pick out
your car further down the road. |
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| "Presumed" Speed Limits |
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| Being charged with violating
a "presumed" speed limit means you are accused
of driving at an unsafe speed, considering the conditions
at the time you were ticketed. But most cops don't look
at it this way. They reason that if you are over the posted
limit, you are a law-breaker. That's why you really do
have a good chance of prevailing if you can show you were
just slightly over the limit and road, weather and traffic
conditions were good.
But be aware that the "presumed" speed-limit
law works both ways. On a pleasant summer morning on
a wide, uncrowded highway, it may be safe to drive above
the posted speed limit. However, on a wet day when visibility
is limited by fog, it may not even be safe to drive
at the posted speed limit. In short, an officer can
still ticket you for driving at or below the posted
limit, if it is unsafe to do so. This is true in all
states.
If you're accused of violating a "presumed"
speed limit, you have two possible defenses:
claim you weren't exceeding the posted speed limit,
just as you would if you were charged with violating
an "absolute"
speed law, or
claim that, even if you were exceeding the posted limit,
you were driving safely given the specific road, weather,
and traffic conditions at the time.
Occasionally an officer will incorrectly measure your
speed. But even if he does, it can be hard to convince
a judge to accept your version of what happened. In
short, if you were ticketed in a "presumed"
speed area, it is most sensible to rely on the argument
that you may have been driving slightly over the posted
speed limit, but it was safe to do so considering all
the highway conditions at the time. For example, if
you know you were driving 33-35 mph in a 25-mph zone,
and the officer can probably prove it, you should concentrate
your defense on showing that you were driving at a reasonable
speed, considering the conditions at the time you were
stopped.
Mounting a defense to a speeding ticket in a "presumed"
speeding area is not like a typical criminal defense,
where the prosecution must prove you committed an illegal
act beyond a reasonable doubt. In a "presumed"
speed law defense, you have the burden of proving your
speed was safe and prudent. In other words, the speed
law presumes the posted speed limit is the fastest safe
speed. It is up to you to prove that going faster at
the time you were ticketed is also safe.
EXAMPLE: Bill was clocked by radar driving 43 mph on
a street where 35-mph signs were properly posted. The
law of his state contains a presumption that the posted
speed limit is reasonable or prudent. To fight this
ticket based on a claim that it was prudent to drive
43 mph, Bill will have to overcome the presumption that
35-mph was the only safe speed at the time he was ticketed.
He might do this by showing there was no traffic at
the time he was stopped and that weather was clear and
dry.
No question, proving that your speed was safe becomes
more difficult the more your speed exceeds the posted
limit. Convincing a judge it was reasonable and prudent
to go 38 mph in a 35-mph zone may not be too hard. (This
helps explain why police officers rarely write tickets
for speeding less than 5 mph over the speed limit.)
But proving that it was safe to go 65 mph in a 35-mph
zone will be close to impossible.
But there are many wide, straight roads designed for
safe driving at 35 to 50 mph that have lower posted
speed limits because of political pressure on public
officials to crack down on speeding. Your testimony,
backed by photographs, could show that your speed was
safe on these broad, straight roads, even though you
were driving faster than the posted limit. If you have
weather, visibility and traffic factors in your favor,
a judge might find you not guilty, even if you technically
violated a "presumed" speed limit.
Here are important ways to build your case:
Go back to the scene and take photos at the same time
and day of the week you were cited. Also, take a photo
from the driver's viewpoint. It's obviously to your
benefit if you can establish the road was straight,
with good visibility.
Diagram the road, showing the location of your vehicle,
the officer's vehicle, and any other traffic. It helps
if you were not ticketed
in a busy commercial district where cars enter and exit
parking lots and businesses.
The presence of heavy traffic can sometimes be a plus.
With lots of other cars on the road your argument could
be that "everyone was exceeding the speed limit
by about 10 mph and I would have endangered myself
and others by driving slower than the flow of traffic."
The "Basic" Speed Law
"Absolute" speed states set an upper limit,
above which your speed is considered illegal. Drive
one mile over the limit and you are a law breaker. But
these states also have a way to ticket you when you
are driving under the speed limit if the cop concludes
your speed was unsafe. Called the "Basic"
Speed Law, it prohibits driving at an unsafe speed,
even if that speed is below the posted limit.
"Presumed" speed limit states also have the
same law, although it is usually written into the "presumed"
law. Or put another way, since the posted speed limit
is only presumed to be safe when road or traffic conditions
are good, the presumption can be rebutted by the police
officer and the safe speed can be much lower.
Technicalities aside, in all states, tickets for driving
under the speed limit, but too fast to be safe, are
often referred to as "driving too fast for conditions."
For example, driving exactly at the 65-mph posted limit
on the freeway would be really dumb amidst slower and
heavy traffic, in a dense fog, or in a driving rainstorm
or blizzard. In commonsense terms, such unsafe driving
is unlawful, regardless of higher speed limits. Police
most often rely on the "Basic" Speed Law after
an accident. They reason that you were driving too fast,
no matter how slow you were driving, because you were
in an accident.
The difference between fighting one of these tickets
and a speeding ticket for going over the speed limit
is that here the prosecution has the burden of proving
you were driving unsafely. (Again, that's because the
posted speed limit is presumed to be safe.) This means
the officer must testify that given the unusual road,
weather or traffic conditions, your below-the-limit
speed was unsafe. This can be tough to do unless you
were involved in an accident, since the cop may be hard
put to come up with enough hard evidence to rebut the
presumption established by the posted limit. If you
were in an accident, the officer will probably try to
show that it was evidence you were driving at an unsafe
speed, and if your speed had been lower, you would have
avoided the accident.
However, you do not have to despair even if you were
in an accident and are charged with violating the "basic"
law for driving at an unsafe below-the-limit speed.
The fact that you've had an accident is not absolute
proof that you were driving unsafely. Accidents, after
all, are not always caused by your violating the law.
Often they are caused when another driver screwed up.
If the police officer argues that the accident itself
is evidence that you were driving at an unsafe speed,
even though you were not technically speeding, you must
be prepared to challenge him. Your best bets are normally
to claim, and hopefully prove, that the accident could
have occurred for a number of reasons. For example,
it could have been:
entirely or partly another driver's fault, or
the result of a freak act of nature, in the form of
a sudden wind gust, a tree falling or other natural
occurrence, or
a defect in the highway, signs or signals, which would
happen if kids stole a stop sign or a stoplight fails. |
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| Five
Strategies for Fighting Your Ticket |
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| So you want to fight your traffic ticket?
Here are five strategies that may help you win your case.
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| 1. Challenge the Officer's Subjective
Conclusion |
| Remember, in many states, with
many tickets, it's perfectly possible -- and sometimes
even fairly easy -- to challenge the police officer's
view of what happened. This is particularly likely in
situations where a cop must make a subjective judgment
as to whether you violated an element of the offense in
a situation where no accident ensued. For example, when
an officer gives you a ticket for making an unsafe left,
you may argue that your actions were "safe and responsible,"
considering the prevailing traffic conditions. Of course,
it will help your case if you can point to facts that
tend to show that the cop was not in a good location to
accurately view what happened or was busy doing other
tasks -- for example, driving 50 mph in heavy traffic.
In about 20 states, deciding whether it is safe to
exceed the speed limit is another circumstance where
a subjective judgment must be made. That's because in
these states the posted speed limit is not an absolute
limit, but only creates a legal presumption as to the
safe speed for that road. This in turn raises the possibility
of challenging the officer's judgment by proving it
was safe to slightly exceed the posted limit. |
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| 2. Challenge the Officer's Observations |
| Assume now your state law requires
an objective observation by the officer, not a judgment
call about whether your action was safe. This would be
true if you were cited for failing to come to a stop at
a red light or making a prohibited turn. Defending this
type of ticket often boils down to an argument about whose
version of the facts is correct. For example, if you say,
"The light was still yellow when I entered the intersection,"
the officer is likely to reply, "It was Red, Red,
Red." In disputes like this, the guy wearing the
badge usually wins unless you can cast real doubt on his
ability to accurately perceive what happened. Fortunately,
despite the fact that most judges tend to believe cops,
there are a number of techniques that may work to raise
at least a reasonable doubt as to your guilt.
Here are the types of evidence most likely to help
you convince the judge that you -- not the officer --
are in the right:
Statements of witnesses, such as passengers or bystanders,
who testify to your version of events.
A clear, easy to understand diagram showing where your
vehicle and the officer's vehicle were in relation to
other traffic and key
locations and objects, such as an intersection, traffic
signal or another vehicle. Diagrams
are especially important for tickets given at intersections,
such as right-of-way, stoplight or stop sign
violations.
Photographs of intersections, stop signs, and road conditions.
These can be used to show conditions like obscured
stop signs or other physical evidence that backs up
your case.
Any other evidence that would cast doubt on the officer's
ability to accurately observe your alleged violation.
A classic way to do this
is to prove his view was obscured -- or that his angle
of observation made it impossible
to accurately see what happened.
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| 3. Prove Your Conduct Was a "Mistake
of Fact" |
| Judges are allowed some leeway
in considering circumstances beyond your control. If you
can show that you made an honest and reasonable error,
a judge might find you made a "mistake of fact"
that means your ticket should be dismissed.
Here are several examples:
You failed to stop at a stop sign after a major storm
because the sign was hidden by a broken branch. If possible,
you should take pictures of the obscured sign and show
them to the judge to support your argument.
You failed to stop before coming to the pedestrian crosswalk
markers because they were old and faded and
could not be clearly seen.
Often this argument comes down to your claim that you
weren't given fair notice as to the conduct that was
expected of you. For example, a judge might dismiss
a ticket for running a stop sign if it was brand new
or was obscured by a broken branch. However, the judge
would probably not buy this defense if:
the sign had been up for more than a few weeks
in the case of a new sign, you had never stopped at
that intersection before (and therefore shouldn't have
been fooled by its sudden
presence)
you were traveling 50 miles-per-hour in a 25-mph zone
in the case of a sign obscured by a branch, you drove
that route every day (in which case you darn well should
have known the stop sign was there)
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| 4. Prove Your Conduct Was "Legally
Justified" |
| You may also successfully argue
that your actions were "legally justified" considering
the circumstances of your alleged violation. For example,
if you were charged with driving too slowly in the left
lane, it is a legal defense in all states that you had
to slow down to make a lawful left turn. In this situation
you do not have to deny that you were driving significantly
below the speed limit and causing vehicles behind you
to slow down, but can offer the additional fact that legally
justifies your otherwise unlawful action. Such defenses
can be very successful because they raise an additional
fact or legal point, rather than simply contradicting
the officer's testimony.
Here are a couple of examples of situations in which
this defense might work:
You are forced to stop on a freeway because your car
had begun to make a loud and dangerous-sounding
noise and you fear you would put
other drivers in danger if you continued to drive without
checking it out.
You swerved into the right lane without signaling a
lane-change to pull over because a hornet flew into
your car through your
open window.
You had sudden and severe chest pain and safely exceeded
the posted speed limit to get to the doctor, whose
office was only one half mile away.
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| 5. Prove Your Conduct Was Necessary
to Avoid Harm |
| Emergencies not of your own
making are often another legal "necessity" defense
recognized in all 50 states. To take an extreme example,
you should be able to beat a charge of speeding if you
can prove you sped up to avoid an out-of-control truck.
The key here is to convincingly argue that you were forced
to violate the exact wording of a traffic law in order
to avoid a serious and immediate danger to yourself or
others. Here are some examples:
Driving in the right or slow lane, you are boxed in
from the back and the left side by speeding cars. To
avoid colliding with a
car entering the highway from the right, you accelerate
well beyond the posted limit.
Because there is a car just to your right, you briefly
speed up to avoid being rear-ended by a
super-aggressive big rig that
is tailgating you. Once you are in the clear, you move
to the right and resume a
legal speed.
You swerve across a double yellow line to avoid hitting
another vehicle, pedestrian, animal, or other unexpected
obstacle. If you had failed to take an evasive action,
you will be at high risk of being involved in an
accident.
But it's important to realize that there is a big difference
between presenting a true necessity defense based on
road conditions and coming up with an excuse for breaking
the law based on your own inattention or personal need.
Excuses that are born to lose include:
My mind wandered and I didn't realize I was speeding.
My dog swallowed a chicken bone and I had to get to
the vet fast
I couldn't fasten my seatbelt because my recently pierced
nipples were supersensitive.
I was arguing with Rush Limbaugh on my cell phone and
I didn't see the stop sign.
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