Coming home from work this afternoon, in moderately heavy traffic in the third lane of a divided 8-lane highway, speed limit 65. I was going along with the rest of the cars, which were going 70+, some faster, some slower. Cars were passing me on either side, and as I came around a turn, there was an unmarked police car on the left shoulder. Red Buick passed me in far left lane, and I remember thinking, "Oh, uh, his goose is cooked". Well, the cop stopped me! He asked me if I knew the speed limit ("Yes"). He wanted to know where I was going and where I was coming from. He stated he had radared me at 79 miles per hour. I protested that I was doing substantially the same speed as most of the other cars, and that cars were passing me on both sides as I went past his car. I have a perfect driving record, 54-year old male. He wrote me "79+ / 65 / 70" and said he was "giving me a break" by writing me 5 over. In Michigan, what will this mean to (a) points, (b) insurance? Is it worth fighting? I believe his radar picked up the faster cars, but I was driving a 2003 Cobra. Why is he so interested in where I'm coming from and where I'm going? Is it legally any of his business? By the way, this is third ticket since 1963; other 2
Worth Fighting?
- Thread starter harry gilbert
- Start date
Fat fingered -- other two tickets were for for 5 over.
What it will do to your insurance and points in MI I really don't know so I can't help ya. And if you decide to fight it, then it will be your word against his. He probably was not looking your way when he heard the pitch of his radar change, looked up and saw your car assuming it was you. If this is the case then the only thing that you could use to your advantage is to challenge his tracking history.
Case law states during an investigative detention (ie traffic stop) we can ask such questions as long as it does not unreasonably detain someone. Why do cops ask this :shrug:, believe it or not people up to no good will make stupid little mistakes that start to raise little red flags in the cops mind. And from there more mistakes which turn into most likely more interesting things.
Case law states during an investigative detention (ie traffic stop) we can ask such questions as long as it does not unreasonably detain someone. Why do cops ask this :shrug:, believe it or not people up to no good will make stupid little mistakes that start to raise little red flags in the cops mind. And from there more mistakes which turn into most likely more interesting things.
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Rob, the traffic was moderately heavy, to the point where I believe he could not discriminate between cars with the radar. (Dash mounted). I do believe he heard the pitch, and focused on my brand new shiney metallic silver '03 Cobra, ignoring the ho-hum Buick pasing me on the left and the ho-hum Dodge passing on my right. I was trying to keep 10 car lengths behind car in front of me, as I am really mad about picking up stone chips on my new baby. (Got two bad ones going to work this morning). By the way, called local lawyer, who advised $500 up front, they will talk to prosecutor, no guarantee.
Harry,
You can talk to the prosecuter yourself. Simple call and ask for him. If it is a small town they will have a part time prosecuter and you can leave a message or get his private practice number and call him there. If it is a bigger town, they will have a full time prosecuter and you should be able to arrange a sit down.
Either way present your case to him and ask to plead guilty to a lesser included offense. One that carries no points associated with it. You will gladly pay the fine and court costs.
If he says no, try to reach out to someone in L.E., if you know someone, and have them contact the officer to see if he will knock it down.
Last option is to plead "not guilty" and go to your court date and see what happens. There are a few jurisdictions around here where a lot of people show up with moving violations and the judge has made it standard practice to ask people who have moving violations to stand up. Then he instructs if they want to plead guilty to the non point violation and pay the fine, raise their hand. He handles it simply like that. But, most areas dont offer relief that easily.
Good Luck
You can talk to the prosecuter yourself. Simple call and ask for him. If it is a small town they will have a part time prosecuter and you can leave a message or get his private practice number and call him there. If it is a bigger town, they will have a full time prosecuter and you should be able to arrange a sit down.
Either way present your case to him and ask to plead guilty to a lesser included offense. One that carries no points associated with it. You will gladly pay the fine and court costs.
If he says no, try to reach out to someone in L.E., if you know someone, and have them contact the officer to see if he will knock it down.
Last option is to plead "not guilty" and go to your court date and see what happens. There are a few jurisdictions around here where a lot of people show up with moving violations and the judge has made it standard practice to ask people who have moving violations to stand up. Then he instructs if they want to plead guilty to the non point violation and pay the fine, raise their hand. He handles it simply like that. But, most areas dont offer relief that easily.
Good Luck
According to what I have read I would say that I agree with your conclusion. Me,since I am not a ticket nazi but perfer to hunt drugs, drunks, etc. I would have probably ignored you and gone after the hoopties. Even when I worked during the day where rush hour is a daily occurance I would pick that time to go eat unless I had calls to answer.
Before you engage the services of a financial vampire I would do what FordSVTFan recommended about contacting the prosecuter. Pretty much every court in the country encourages cases to be settled (those that can) before the calender is called. And that will give the prosecuter one less case to have to deal with.
Before you engage the services of a financial vampire I would do what FordSVTFan recommended about contacting the prosecuter. Pretty much every court in the country encourages cases to be settled (those that can) before the calender is called. And that will give the prosecuter one less case to have to deal with.
Traffic School... I know in Ca. You can first plead not guilty and they send you in a room with a Assist. Da and you talk it out. They will advise you of what your chances are and bargin with you.. See what you can get out of them..
Sinister Angel
Buh Bye !
Well, seing as I live in Michigan, and Have gotten a ticket, I know your pain (the magistrate is a @#$@#) as I have gotten busted for 80/55 (only wrote up for 15 over tho, otherwise I would have had a reckless for being 25 over). I don't think it is really a word-against-word issue, because I'm sure the Michigan state popo have video cameras. Hella good luck to you dude.
I am a cop so i will be honest here....when we seem to ask stupid quesitons, what we are really doing is stalling for time, to assess the situation. we gather visable information like body language, drug para, odors, anyth kind of evidence. now, not everyone is a thug, but you get into a routine after dealing with so many people who are. I'm sure you were not speeding, but what the cop sees is his radar gun bleeping loudly 79 MPH, looks up and sees that 2003 cobra...and thinks he's nailed one. as far as insurance points, every state is different. here, if you have no tickets at all, you can go to the district attorneys office, make a "small donation" to the county school fund, and get it dropped.
Its not worth fighting, because 9999 out of 10,000, they are gonna take the cops word for it. please dont judge all cops by the stupid act of one idiot. not all of us are like that.
Its not worth fighting, because 9999 out of 10,000, they are gonna take the cops word for it. please dont judge all cops by the stupid act of one idiot. not all of us are like that.
hey Ginsu, you a cop....you sound like it
Yes I am, I am with Cobb Co Police.
Can the Officer prove which vehicle he had good tone with, usually a radar will pick up the largest target, unless he has multi lane tracking. Or had an option for fastest speed, but still can he be 100% positive the radar was tracking you and only you?
There is a big difference when you are on a Interstate Highway and you have consistent traffic. It is obvious when you have cars all traveling +\- 70mph. When your radar tone pitch starts to scream and you see the Violator passing other vehicles at a high rate of speed say 90 and everyone else is going +\- 70 then I think you can justify which vehicle is doing 90 mph because you see him passing everyone else.
I have had incidents where we had many Tractor Semi-trailers northbound on IH 35. Tractors (semi-trucks) will shadow smaller vehicles because the radar will pick up the larger target or closer, due to larger surface reflection. It also is the same when you have vehicles in front of other vehicles, you will get the closest vehicle. Yes, it will jump back and forth from one vehicle to another, but how can you be sure which vehicle is which. IF I HAVE A DOUBT, I CANCELL THE THOUGHT of pulling them over, I just hit my warning lights for a sec to warn them to pay attention to their speed and slow down.
There is a big difference when you are on a Interstate Highway and you have consistent traffic. It is obvious when you have cars all traveling +\- 70mph. When your radar tone pitch starts to scream and you see the Violator passing other vehicles at a high rate of speed say 90 and everyone else is going +\- 70 then I think you can justify which vehicle is doing 90 mph because you see him passing everyone else.
I have had incidents where we had many Tractor Semi-trailers northbound on IH 35. Tractors (semi-trucks) will shadow smaller vehicles because the radar will pick up the larger target or closer, due to larger surface reflection. It also is the same when you have vehicles in front of other vehicles, you will get the closest vehicle. Yes, it will jump back and forth from one vehicle to another, but how can you be sure which vehicle is which. IF I HAVE A DOUBT, I CANCELL THE THOUGHT of pulling them over, I just hit my warning lights for a sec to warn them to pay attention to their speed and slow down.
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Do not get me wrong, I am a Deputy Sheriff in a Traffic Division. Speed is one of the major factors people get hurt on public roadways, not to forget mentioning Driving while intoxicated or Fatigue. I truely believe you have to be damn sure you pull over the right person for the right violation.
Well, I finally have an informal hearing. The judge was recently convicted of judicial misconduct and suspended for 6 months (she was preferentially giving cases to her lover, an attorney, who subsequently shot his pregnant wife and is now serving life behind bars). Now she's back on the bench and assigned to hear my case. Should be interesting pleadig my case before this judge....
Sinister Angel
Buh Bye !
Heh, what's her name? And what part of the state are you from?
Chrzanowski
SE Lower Michigan
I remember watching a story about that on Forensic Files on court TV.
What's worse is that the murderer / attorney brought his wife to the range where I am the NRA safety instructor the day he shot her, to have a plausible excuse for both handling the gun and having GSR (gun shot residue) on his hands. I wonder if this is grounds to ask for another judge?
Why do you want a different judge? If the court feels she can sit on the bench, how will her hearing the case effect you?
I think it is a silly move to waste time having it rescheduled to another court, and that normally pisses off the other judge that you have now burdened with a extra case.
I think it is a silly move to waste time having it rescheduled to another court, and that normally pisses off the other judge that you have now burdened with a extra case.
I have no respect for this judge. None. Maybe if enough people decline to have her hear their case, she will retire from the bench. Just wanted to know if total lack of confidence in a judge's morals and ethics is legal grounds to ask for a change.
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