luvmy82

After spending the Christmas holidays in San Antonio, I was pulling out of Detroit Metro Airport long term parking and driving towards home, (in my Dodge Caliber) when I was pulled over by Wayne County Sheriff for doing 60 in a 45 mph zone. It was foggy, and darker than the ace of spades out that night, and I had no idea whatsoever this sheriff was behind me. When he flashed his lights at me to pull over, I immediately looked down at my speedometer, and saw I was doing 47 mph. That's what is making me question the accuracy of his radar or, did he pull over the wrong car (I distinctly remember that there was another Caliber in front of me.) since it was so dark out? This is why I want to go to court and challenge this ticket.

When he said he clocked me at 60 mph, I told him I had absolutely no idea I was driving that fast. I didn't want to challenge him (and risk pissing him off) and ask him if he pulled over the wrong car? I'm a very cognizant and careful driver, and I have a perfect driving record with no points. I want to protect that. (No comments from the peanut gallery/West Michigan Crew, ok? )

He gave me a ticket that says 60/45/50. In otherwords, he gave me a ticket for 5 over the speed limit, 2 points and $100 fine.

My strategy is to go to court and ask to have this ticket taken "under advisement" for six months since my driving record is clean. I want to keep my driving record that way.

When you are using this strategy to go to court, do you plead not guilty or guilty when advising the them of your upcoming court date?

Or, is this not the correct strategy to use when going to court to challenge this ticket?

Thanks for your advice!

CoupeC5man

Suzanne,
Ask for a certifacation of the radar gun to see if it has been checked within the past year. In the meantime, fight the ticket and get a court date. Get the officer into court to hear his side of the story and get yours out too. See what he saw that night seeing it was foggy and dark. How far in front of you was the other car in front. Make a point that there was another car like yours ahead of you.

Jack

slolane

Suzanne, this same thing happened to me many years ago. I knew I was not speeding and took a day off from work went in told the judge what happened. Long story short it would have cost a lot more to fight the ticket then to pay the fine. I asked the judge point blank, so its cheaper to be guilty then innocent? He said it apeers so. I was so pissed I paid the fine and stormed out of there

DebRedZR1

Same here. The LEO claimed I was doing 45 in a 35 yet where he pulled me ( and many other coworkers ) over and clocked me was in the 45 mph zone. He claimed I was lying about where I was pulled over-I said NO your Officer is and stormed out. Wasnt long after that "speed trap" came to a sudden halt. The fine wasnt as bad as the hit my insurance took for the next 3 years. I know a good attorney now who can have his prosecutor contacts look in to such things. So if you have a Lawyer in the area who can look in to it he/she can tell you the best way to proceed.
Many cases of people I know where it costs more to prove you are innocent

Irish Whiskey

If the perfect record is important go to court but with a lawyer. Some areas do not take a ticket under advisement - this is getting less common all the time. The perfect record is a strong point, but I think that the lawyer thing, if this is important to you, is the way to go. I believe there is someone on the forum who is good at this stuff in Southeast Michigan. I've always gone the lawyer route and have done ok.- Did you make it to Mi Tierras in San Antonio?

BaBa Booey

Lawyer up. I can be more expensive but it's your bet way to minimize the consequences.

Or, you can use the strategy I used to use when I was a kid.
Ignore it, get pulled over in 6 months, go to jail, post a bond, go to court, use bond $ you posted to pay original ticket and presto problem solved.

Mike Mercury

Suzanne; the easiest way to fight this (either get out of it or get the penalty reduced) is to hand the ticket (and about $300) over to a lawyer.

On this one, I imagine the best you can do is to make it a "no-points" violation... but you'll still probably hafta pay the $$$ fine.

burinrubberchick

When I fought a ticket, I didn't see a judge, I say a magistrate and it cost me nothing. I had a perfect record and another accident had occured at the same corner that I had mine at. The magistrate overturned the ticket.

I think if you explained to whoever looks at your challenge will probably overturn the ticket. If you point out it was dark and foogy, and the officer cannot say for sure that he did not see another car, the ticket may be overturned.

a question, was the officer in full uniform, including his hat. If not, you can get the officer on that. A ticket written without being in full uniform is moot and not valid. Just a shot in the dark.

DebRedZR1

Should I check if hes wearing regulation undies too? I had a perfect record and it was my word against the officers. If there is ever a next time the atty can handle it.

luvmy82

Thanks for all the advice everyone. But, I don't think I need a lawyer. This isn't a complex case, nor is it rocket science to explain to a judge the truth of what happened that night.

I was not speeding, there was another car in front of me that looked just like mine, and I was stopped. It was very dark that night, and it's very possible he stopped the wrong car since I wasn't breaking the speed limit when he stopped me. My husband was in the car, and he even said that he did not think I was speeding, either. That's the simple truth of the matter. Now, why would a judge penalize me on this?

Im asking to take the ticket "under advisement" which is my strategy and saves face for the Wayne County LEO (I'm not admitting I'm without fault), but, I'm not getting off scott free, either. "Under advisement" is on my record for 6 months. This means no tickets, which isn't a difficult stretch for me, since I'm not an impatient lead foot driver to begin with.

Trust me, if I was speeding, I'd take my lumps like a man and admit my guilt. That is my character, I won't lie to a judge. But darn it, I wasn't speeding and I should be able to tell my side of the story in court. I shouldn't have to feel intimdated in paying for a speeding ticket that I didn't deserve, or paying a lawyer to defend the simple act of driving?

Thanks!

Irish Whiskey

Cure for cancer, no war, no sickness or death, no need to work, everybody loves everybody......
The judge will believe the cop if he said your backseat was full of Colts and ammunition as well. Next summer when back in Deeeetroit I will tell you my son's high school age run in with the police and how they pulled the wrong file but same name!!!! This will make your skin crawl. Everybody lies to them as far as they are concerned and you will not be any different. But you pays your money....you take your chances...Good luck with it and let us know the outcome. Double check the "advisement" thing again....Several of the 'burbs did for many years but have dropped it. If you walk in and ask for it and they don't do it, then what???

Mike Mercury

I hear ya Suzanne; but do you think that's the first time someone has tried that ?

BTW, does your husband know anyone in this precinct ??? A good word somewhere can work magic.

I wish you the best of luck with this.

Mopar Jimmy

And think you have a good game plan mapped out for dealing with this!

dmoore

How heavy was the fog? Some radars are not accurate in heavy fog due to the reflection of the radar signal commonly refered to as a ghost signal. Thats why when I train new recruits I advise them not to run radar in heavy fog and steay rain, you can't guarantee the accuracy of the radar signal.

I am not saying the cop was wrong, you may have been speeding, but I also think officers should be a little more upstanding and when weather conditions may interfere with the accuracy of the radar, I think you should give the citizen the benefit of the doubt!

Gordy M

If you were in Romulus when you got the ticket, I would suggest you get a good lawyer, have him talk to the magistrate and you should end up with the same fine but something lame like two parking tickets. No points! I had just got off the I275 going towards the airport (Northwest entrance) and was doing about 65 and got the same type ticket. They want your money but a good lawyer can get the points taken aways

RandyVettes

DebRedZR1

Randy, knowing your line of work Now can you please answer the burning question if I am to check for regulation boxers or briefs?

PS-Suzanne-talked to my atty today-if you at all know any atty who can help he advises you use one for your insurance rates/clean driving record.
He hasn't heard of the "under advisement" being used over here, not to say there are not different local rules there. Hope it all turns out well for you

wmupaprmkr

I do not think it is called "under advisement" but I had a moving violation and I went to the magistrate and pleaded that since I had a clean driving record and if I did not get another ticket in the next 6 months that I would still pay the fine but receive no points.
I have been racking my brain, what is left of it, trying to remember what it was called. So far no luck, I'll post up if i remember it!
Good luck!

RandyVettes

Supervision?

black bart

When someone represent them-shelf in court they have a fool for a client.