A student’s ‘swerving’ dilemma

Traffic cops are notorious for flagging down “swerving” vehicles with the threat of  a ticket, when the act, by itself, does not constitute an offense and becomes so only under certain conditions.

What often happens after a motorist is pulled over – which involves a supposedly “money-saving” transaction (or less than the cost of the official fine and minus the hassle of a seminar and license retrieval) – has made many skeptical about these authorities.

This was apparently the frame of mind of young Rappler reader Ryan Nicolas when he found himself in that situation on August 27. He felt so wronged that as soon as he got home, he checked the legal definition of swerving, and validated that he did not commit any offense. He also learned that the intersection where the incident happened is known for such “apprehensions.”

Though he knew he had a run-in with a member of the Manila traffic police force, he immediately reported the incident to the Metropolitan Manila Development Authority (MMDA) through the email address provided in its official website, and sought its guidance and assistance. He provided Rappler a copy of his letter and a scanned copy of his traffic ticket. 

This is his account, as written in his letter:

While I was driving in the middle of the intersection where St Jude College is located, I suddenly turned left after my classmate, whom I was driving home, told me to. There were no other cars at that intersection that moment.  A traffic enforcer, T/E Malana C.B. MTPB 1502, asked me to pull over. 
 
As verbatim as possible, this is how the conversation went:
 
Malana: Ang violation ‘nyo po ay abrupt change in lane resulting in accident. Alam ‘nyo po kung magkano ang fine doon? 2,500 pesos. (Your violation is abrupt change in lane resulting in accident. You know the fine for that offense? P2,500.)
 
I immediately sensed that he was trying to extort money from me by scaring me with a big fine. I was angered by his motive and, in a raised voice, told him: “Eh wala naman pong nangyaring accident! Kung meron man akong violation, swerving lang naman! (No accident happened, Sir! If there was any violation, it’s only swerving!)” I did not know then that swerving is not punishable by law.

Malana: Eh hindi po kasi napaparusahan ang swerving dito sa Pilipinas. (Swerving is not punishable by law in the Philippines.)
 
Me: Eh wala nga pong nangyaring accident! (But Sir, no such accident happened!)
 
Malana: Aba, ayaw ‘nyo pang makiusap! Sige, titiketan kita! (Oh, so you don’t want to make a plea? Okay, I will issue you a ticket!)
 

For around 5 minutes, he talked to his traffic enforcer buddies and came with the ticket with the following violations:

Reckless Driving
Disregarding Traffic Lane
Arrogance
 
I was shocked by these absurd violations I “committed,” according to him. He told me, “Puwede mo namang i-protesta ‘yan (You can protest that). “ I told him I definitely will. I signed the ticket anyway because my classmate and I had to go home with the many requirements for school we have to deal with. Besides, I thought continuing arguing with him would be fruitless.
 
I am definitely sure I did not commit any of those violations. And I think my raised voice was warranted because of his motive and was a natural response coming from a rational person.
 
On my honor, I am telling you that this is the truth as I saw it, and I have my classmate to support my claim. I am writing to your email address with the hope that things have somehow changed in the government, and there are people in it willing to listen and fight things that are wrong in our nation.  I will never bend to the wickedness of anyone, especially from my government.  I have promised that I will never be part of the problem, and I hope that by doing so, like by not simply bribing that  traffic enforcer to do away with a “violation,” I will not be the one who suffers at the end of the day.
 
Your assistance will be very much appreciated, especially as time is of critical importance for students like me.

The UP Diliman sophomore ended his letter to the MMDA with, “Frustrated but still hoping for this country, Ryan Nicolas.”

Why did he seek the MMDA’s help? Nicolas told Rappler he wanted some “advice” at least, on how he can “fight back” since he believed he did not commit any traffic violation. 

A day after the incident, at exactly 3:09 pm on August 28, the MMDA Communications Group gave him some advice, but apparently not what he had expected.  In reply to the student’s heartfelt letter, the MMDA said: “Good day! You may coordinate your concern to the Local Government of Manila. Thank you.” – Rappler.com