The New Year is here, and with it came increased traffic ticket fines. The country has been caught up in heated debate, with a section justifying the need for increased fines as a deterrent for various traffic violations, and the opposing section arguing about the unreasonable increase and the belief that this would not decrease traffic incidents.
The demerit points system and introduction of the breathalyser taught us in some small measure that very little deters Trinidadians from breaking the law on the nation’s roadways.
I refuse to get caught up in the argument about whether the increased fines are reasonable or unreasonable. I can attempt to argue that for those of us who are law- abiding citizens, we have nothing to fear. Fear should only be gripping the hearts of those who know they violate the laws when using our roadways.
Sadly, I cannot say that we, the law-abiding citizens, are free from fear. My experience as a person who is constrained to drive on our nation’s roadways every day tells me that those blue lights or police uniforms are a sign of dread. Dread not because there is any violation, but because our police officers are many times mistaken in their assessment of a violation or in the charges being laid. In this regard, I am being kind by saying “mistaken”, as there are harsher terms which may be more fitting.
Several months ago, I wrote about my associate being ticketed for failing to wear a seatbelt, a ticket which was contested and he won.
Earlier last year, while driving into Port-of-Spain a ticket was issued for using a mobile device while driving. The ticketing officer crossed three lanes of traffic to pull our vehicle over to issue the ticket. Sadly, as the passenger in the vehicle, it was my phone in my hand, reading aloud the instructions being sent by a client for the meeting place; the driver had no device. The ticket was contested, and the hearing date is set for late 2026. Again, a ticket that should not have been issued. In mid-November, a client was issued a ticket, which we contested. The first hearing date is set for December 31, 2026.
My concern with the increased fines is really twofold. The first is the inability of police officers to perform their duties. I say inability because many times with young officers, it appears to be a show of power rather than an officer performing their duties diligently. The said officers issuing tickets also fail to follow the necessary procedure of taking notes in their pocket and station diaries.
Moreover, the new trend in awarding officers for their ability to issue large numbers of tickets acts as a motivating factor to simply increase tickets being issued, rather than actually adhering to the law. Perhaps a new approach should be considered. Instead of awarding officers for the number of tickets issued, an analysis should be performed of the tickets contested and the outcomes.
The officers who have failed to justify their issuing of a ticket, who have failed to keep the proper record and who have failed to convince the court to uphold the fine should be made to attend special training seminars or workshops. This may work towards motivating officers to work within the perimeter of the law and not simply issue tickets to win an award.
The other pressing concern is the effect that this increase in fines will have on our judicial system. Prior to the increase, people who were issued tickets in 2025 and elected to contest them were being given court dates more than a year later. For some people, a $1,000 fine may have been manageable, and despite believing they were not wrong, they would have paid the fine simply to avoid the hassle of contesting it.
Increased fines may well result in an unwillingness to pay and an increased number of people contesting tickets. Our traffic courts may now become overwhelmed with hearing dates for traffic offences.
Dates that are more than a year from the date of an incident come with various concerns. Ticketing officers could be transferred out of the district and, as such, refuse to show up at the hearing. For officers who fail to record notes in their pocket or station diary, there will be no evidence recorded of the offence, and the officers themselves will not remember the details of the charge. Given this, the tickets contested may be dismissed.
The introduction of the demerit points system and breathalyser did not necessarily deter drivers from breaching various laws. In fact, the introduction of both increased the workload on the judiciary and attorneys, as more matters were being contested. It saw the introduction of several new programmes, particularly for people whose licences had been suspended and were attempting to have the licence reinstated.
I am uncertain whether increased fines will have the effect of forcing good behaviour. I am more concerned that the fines will overwhelm the already overwhelmed traffic courts. I am also concerned about the actions of police officers, who, it appears, have already begun issuing tickets in abundance without proper reasoning or justification. But time will tell how these fines work. The best advice at this stage is simply obey the law, and if you are one of the unfortunate few to be innocently ticketed, the courts are at your disposal.
Pavitra Ramharack is head of chambers at Pavitra Ramharack Attorneys at Law and can be reached at ramharack_pavitra@outlook.com
