Legal Question in Traffic Law in Michigan

Speeding Ticket

My 16 yr old son rec'd a ticket for 80 in a 55 on a country road. Moving radar was used; officer was stationary. Son was passing very slow truck when he noticed a red car in front of it, he sped up to get around both vehciles. Cop issued ticket & told son to tell his friend in the red car it was their lucky day not getting a ticket; my son didn't even know red car driver. Cop said he was out there because of calls about a red & black car speeding. Cop did not fill in his race, weight, height, hair or eye color. Son drives a 4 cylinder sunfire which hasn't been firing on all 4 cylinders; we don't think the car can go 80 mph! Also, the road where the ticket occurred is lined w/telephone poles on both sides of the road & there is a cell phone tower & a radio tower. Can the omissions on the ticket get it dismissed? Can we fight the radar given the elec.poles & towers which affect radar? I'm worried about my insurance rates and feel that my son was probably going 10-15 mph over speed limit to pass; but no way was he 25 mph over! I already sent ticket in to deny respons. Can I represent him? Should we hire atty? I'm worried about insurance rates. HELP! Thanks! Kim


Asked on 6/17/07, 7:47 pm

1 Answer from Attorneys
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Speeding Ticket

It is unlikely the radar can be thrown out based on those facts. And if you try to say the car won't go that fast, the judge will take it outside and drive it himself to prove you wrong. Your best bet is to schedule a formal hearing with the court, show up with your son, apologize for speeding and ask if you can have it knocked down to a no-point violation so your insurance doesn't go up, pay the fine and be done with it.

You should always "fight" speeding tickets - not necessarily denying them, but attempt to negotiate with the prosecutor and the police officer. If you are polite and accept responsibility, you will get a lot farther.

You can try going to court without a lawyer and see if you can get a good deal. If you are in court and they won't give you a no-point violation (like impeding traffic), tell them you want to come back with a lawyer. If it's your son's first ticket and he wasn't rude to the cop, he you should be able to work out a deal.

Keep in mind that prosecutors, officers and judges have heard every excuse in the book, so don't even try. Just admit it, say you don't want your insurance to go up, you won't do it again, blah blah, and you'll get a good deal.

You want a FORMAL hearing, not informal.

Read more
Answered on 6/20/07, 7:09 pm


Related Questions & Answers

More Traffic Law questions and answers in Michigan