Info on Traffic Court in MI

[mjkaliszak]

Anyone ever go or contest a ticket ? I have gotten myself in a " FINE Pickle " again. I have contested a ticket and was wondering if anyone has had any experience with this. It is not a formal court , just a hearing in front of a magistrate. My questions are what to expect. MI accepts Preponderance of Evidence, there fore I'm going to ask for Proof that the Radar was tested & calibrated both before & after my alleged offense. But should or can I bring with me " Case Law " for consideration ?

I'm not going down without a fight ( I have A couple of defenses lined up and researched ) but with MI lowering this type of crime ???? to a CI ( Civil Infraction ) I'm not sure how to procede. Please ... any input welcome except ... Just pay it. Too Late for that.

 

[Dave_B]

I have heard that calibration argument idea before and it actually worked. (not for me personally). Any other defenses you have to prove that the officer obtained false information from the readings would be helpful as well. Just make sure that your case is well prepared and defendable.

If you were really speeding, like I was, you may be wasting your time. On the other hand, if you show up with a well prepared case against the infraction, they will probably throw it out. The judge and the officer aren't going to want to deal with all the headaches of proving a simple speeding ticket.

Good Luck!
Dave

 

[Polarice]

That argument wouldn't work in OH. They say now that the officers have enough experience that they can just look at a car to tell how fast it is going. No need for radar. Although some officers are still using radar, they do not have to. I think it's a crock.

 

[mrsrunningbear]

What county are you contesting this in?

 

[polarisrider1]

Mike, are you off your meds again? Pay it and move on. Around west MI if your NOT driving something red you can get away with ten over no problem. If it is red plan on getting pulled over a lot. Was you speeding, inquiring minds want to know.

 

[snocrazy]

I have tried in Michigan. Delta County. Got pinched om good old m35 before Escanaba when the speed limit drops. I contested and met with the Magistrate. SP? It was a joke. I was guilty walking in the door. Also guilty of wasting their time based on the attitude. The cops word against yours in Michigan, you will lose. I was driving a car with Illinois plates too. He joked that this is not Illinois where you can buy your way out of tickets. Good luck if you decide to fight it. Make sure you let us know the result. I hope you can beat it.

Also - proir to the meeting I called every attorney in the area. None were interested in representing me. I was willing to pay to play. Does not work that way in MI.

 

[michaeladams]

this is the new america, guilty until proven innocent. i thought i had a case once and found out the cops work for the d.a. and the judge works for the municipality. they are all in on it and cash is king. it is no longer to serve and protect. it is to harass and intimidate. the one thing i learned was... well i guess i didn't learn anything. my point is good luck, i didn't have any.

 

[dcsnomo]

I contested a ticket once and won. Interestingly enough, I was guilty. It was for an illegal left turn downtown Mpls. I took pictures of the sign placements and argued that it was poorly marked and inconsistent. In other words, had I known about it I would not have made the turn.

So, my question to you would be "what is/are the special circumstances surrounding this ticket that would rule it ineligible?"

The calibration defense could be tricky, what is your fallback position when you ask for the records and they hand them to you?

http://criminal.lawyers.com/traffic-violations/Scoping-Out-Your-Traffic-Ticket.html

Good luck!

 

[mjkaliszak]

I contested a ticket once and won. Interestingly enough, I was guilty. It was for an illegal left turn downtown Mpls. I took pictures of the sign placements and argued that it was poorly marked and inconsistent. In other words, had I known about it I would not have made the turn.

So, my question to you would be "what is/are the special circumstances surrounding this ticket that would rule it ineligible?"

The calibration defense could be tricky, what is your fallback position when you ask for the records and they hand them to you?

http://criminal.lawyers.com/traffic-violations/Scoping-Out-Your-Traffic-Ticket.html

Good luck!

Bruce,
You bet.... I do have an alternative defense. I do not want to give it away, it is my back up defense just incase they come preparred. If I ask for proof, they have to provide it, records , testing, calibration, ect..... That is only if YOU / I ask ! otherwise it is " Predonderence of Evidence ". Taken for granted, I'm still researching case law but really interested if ...since it is a hearing , I can present Case Law to back me up.

You know I'm just sick and tired of being ran over by the system. I can't afford to take a 4 point deal.
Just can't do it.

 

[yamaholic]

I also contested a ticket many years ago small town cop got me - passing in a no passing zone I won fight it you never know..

 

[polarisrider1]

Bruce,
You bet.... I do have an alternative defense. I do not want to give it away, it is my back up defense just incase they come preparred. If I ask for proof, they have to provide it, records , testing, calibration, ect..... That is only if YOU / I ask ! otherwise it is " Predonderence of Evidence ". Taken for granted, I'm still researching case law but really interested if ...since it is a hearing , I can present Case Law to back me up.

You know I'm just sick and tired of being ran over by the system. I can't afford to take a 4 point deal.
Just can't do it.

Four points means you were moving right along. Man up they got you, Try to plea bargain for less points. They want money period. offer up full fine no points, "Your Honor I think I was going slower than the ticket was issued for, but, If I pay the full amount today can I get points reduced?" and move on.

 

[mjkaliszak]

Four points means you were moving right along. Man up they got you, Try to plea bargain for less points. They want money period. offer up full fine no points, "Your Honor I think I was going slower than the ticket was issued for, but, If I pay the full amount today can I get points reduced?" and move on.

I'm leaving no stone unturned, of course If I can get that .... I will go with it. It is the points and the added insurance premiums for 3 years that get me. My position is ...." I was not going 77 in a 55." I'm innocent. I even tried to get my 2 college daughters to come to court with me to be my legal aide's ( help distract the judge & officer ).... they say but dad you were speeding ( and your a speeder ), how many tickets did you get this year !!!! One of the downfall's to raising your kids with moral's & honor. I had to quickly remind them that to keep this " 5 STAR RESORT " a float... with their Lexus & convertable to charoit thier " Keisters " around in .... I need to not spend another grand in fines !!!!

I'm fighting... that's it.

 

[mjkaliszak]

What about submitting " Case Law " as in an actual court ? Is this acceptable in TC ?

 

[polarisrider1]

Not sure about case law or anything similiar. I find by having company trucks with name plastered all over it helps not getting pulled over. Cops don't want anyone getting fired??? Not sure but it helps in the speeding dept. Try adding a " emergency organ delivery vehical" stickers on you ride and see if that helps. I would let you speed all day thinking you got a spleen to deliver!

 

[chords]

Michigan

I went and had an informal meet with the judge and cop for running a red lite tic. Told my side, which was not trying to prove someone was lying, but only to get a point or 2 removed. Judge said he only had so much leeway and did remove 1 point. I dont remember all the details but I think it was only a 2 pt tic, so it was well worth it.
BUT your current driving record plays a huge part in this process.

 

[snocrazy]

Not sure about case law or anything similiar. I find by having company trucks with name plastered all over it helps not getting pulled over. Cops don't want anyone getting fired??? Not sure but it helps in the speeding dept. Try adding a " emergency organ delivery vehical" stickers on you ride and see if that helps. I would let you speed all day thinking you got a spleen to deliver!

That is an excellent idea.

 

[xcr440]

What about a "Continuance For Dismissal"? Do they have that in MI? Pay a little higher fine now, don't get a ticket for a predetermined time, and the original ticket disappears.

 

[snocrazy]

What about a "Continuance For Dismissal"? Do they have that in MI? Pay a little higher fine now, don't get a ticket for a predetermined time, and the original ticket disappears.

Not in Michigan.

Illinois they call it "supervision" Pay your fine and dont get another ticket for how many days they specify and it is waved. Then you still have 2 kinds of abstracts for your record. Court purposes and Insurance purposes. Court has all supervisions etc. Insurance has these left off.
I know to much about this crap. If had all the $ I have spent over the years on driving violations, I could retire

Wisconsin is a pay me off state. My last 2 tickets there I did not have to go to court even. You pay a lawyer to represent you. Last 2 tickets 1) speeding 55 in a 35 (trap on rt 50 by 94) reduced to malfuntioning odometer ticket. 2) milwaukee on 43 my laser got me, reduced to parking ticket. Think I was 15 mph over.

Remember, this is all for our safety.... lol

 

[dcsnomo]

Not in Michigan.

Illinois they call it "supervision" Pay your fine and dont get another ticket for how many days they specify and it is waved. Then you still have 2 kinds of abstracts for your record. Court purposes and Insurance purposes. Court has all supervisions etc. Insurance has these left off.
I know to much about this crap. If had all the $ I have spent over the years on driving violations, I could retire

Wisconsin is a pay me off state. My last 2 tickets there I did not have to go to court even. You pay a lawyer to represent you. Last 2 tickets 1) speeding 55 in a 35 (trap on rt 50 by 94) reduced to malfuntioning odometer ticket. 2) milwaukee on 43 my laser got me, reduced to parking ticket. Think I was 15 mph over.

Remember, this is all for our safety.... lol

If I may, and I don't want to get personal since you have my hard drive in your possession, how the dam*it the he*l many tickets do you have, Mike?? Inquiring minds want to know!

 

[fusionfool]

I'm leaving no stone unturned, of course If I can get that .... I will go with it. It is the points and the added insurance premiums for 3 years that get me. My position is ...." I was not going 77 in a 55." I'm innocent. I even tried to get my 2 college daughters to come to court with me to be my legal aide's ( help distract the judge & officer ).... they say but dad you were speeding ( and your a speeder ), how many tickets did you get this year !!!! One of the downfall's to raising your kids with moral's & honor. I had to quickly remind them that to keep this " 5 STAR RESORT " a float... with their Lexus & convertable to charoit thier " Keisters " around in .... I need to not spend another grand in fines !!!!

I'm fighting... that's it.

I had pleaded guilty to a 2 point infraction in Feb. I thought by the time I paid the fine I was ahead without legal counsel, time off from work, mileage back up to Houghton ext. All was going well until I went the court admin to pay the fine. There they will tell you about the extra MI state extortion fine of $500 / year for two years. Yes I had to pay an extra $500 to the state of MI and will pay another $500 next year. All said and done, by the time I figure the fines and what I had to pay the extortion fees, it cost me $2,000. The state is bankrupt and working any angle to help offset their budget. Just FYI, I am not positive, but I believe the next level is 4 point, and that is $1,000 / year for 2 year?