Factory Five Racing Forum banner

1 - 20 of 37 Posts

·
Registered
Joined
·
1,037 Posts
Discussion Starter #1
I got a ticket for 101mph in a 65 zone. I live in Michigan and this speed is not uncommon on the freeway where I was stopped.
I called the court to check on the fine and was told this is a mandatory court visit. The court clerk was surprised I wasn't given reckless driving. My friends brother is a policeman and wondered why I didn't get arrested.
Since driving is about the only thing I really care about I am looking for some advise. I plan to lawyer up for this one. It was laser radar, and I figured I was doing around 85, so I am sure the officer is correct. The car is new so, what do you all think.
Thanks in advance.
 

·
Husband/Father/Son
Joined
·
12,461 Posts
Michael,

Get yourself an attorney, listen to his advice only!

As for your "honest I did not know how fast I was going because it's a new car" defense, I would keep your mouth quiet and let your lawyer speak for you. Just because everyone else was speeding does not make it right, especially doing 101mph in a 65 zone, as I cannot imagine a whole "bushel" of cars doing 100+ in a 65 zone unless you where all in a group together...........Perhaps that police officer was actually doing you a favor by making you go before the judge in open court....Especially since by your own tone of posting above, you do not think you really did anything wrong............Time to grow up.............


Just my two cents worth.........

Bill S.
 

·
Premium Member
Joined
·
5,526 Posts
Take your checkbook.
First if you go to court you will give a plea, "Not guilty" and you will need to go back at a later date so the cop can be there.
You might be able to make the cop proove the calibration on the gun. If it is out of date you can argue, it is out of spec and therefore may have read your speed incorrectly.
One thing to think about, if you go in as an attempt to get off, if you lose, (my feeling is) you will pay more than if you plead "no contest" with an explanation.
I heard a kid arguing that he wasn't doing 80, the judge asked him if he was going faster than the posted speed limit of 55, kid said "yes" and that was it, GUILTY.
Good Luck
 

·
Registered
Joined
·
1,037 Posts
Discussion Starter #4
Thanks, mrmustang, I am an old guy. If you read my post I am not trying to get out of anything. My point about the car being new is I am sure the speedo is correct. I think the circumstances are strange and I am nervous.
If you have ever been to Michigan, 100 MPH is very common on our freeways.
 

·
Been There, Broke That
Joined
·
1,573 Posts
Mike,

What will happen to you is partly dependent on what the local rules are for your traffic court. If plea bargaining is allowed, then a lawyer will almost always be able to get your charge reduced to a lesser offense or a slower speed. Lots of jurisdictions only care about getting you to pay a fine to fill their coffers and dont really care what offense you wind up pleading to.

If plea bargaining is not allowed (here in NY some counties do not plea bargain traffic tickets because they are not "crimes" just violations) then your only choice will be to plead guilty or go to trial in which case you will probably lose.

Try to make sure whatever lawyer you get has some experience in traffic court--lots of lawyers will take your money and then if they have to go to trial they have no idea what they are doing.

HTH

Tom
 

·
Member 2394
Joined
·
6,142 Posts
Going to court and asking the officer to prove cerification/calibration will most likely piss off both judge and officer. Especially when they show the proof. So cancel anykind of break you may get.

Go in and plead guilty. Tell the judge you had your head in your rear and have had time to reflect how stupid you were.

Apologize to the judge, officer for wasting their time. Tell the judge,if your givin another chance you won't let him down.

Mention that you would like to attend a driving school to keep it off your record, but will pay the fine. (You'll have to pay it school or no school anyway.)
 

·
Super Moderator
Joined
·
29,362 Posts
I never exceed the speed limit. It's against the law and dangerous.

2FAST
 

·
Registered
Joined
·
1,037 Posts
Discussion Starter #10
696 between say Hoover and I-75.
I agree that contesting the radar will do nothing but piss off al involved. I understand the technology well and if he says 101, then 101 it is.
I got a DUI 11 years ago and have not touched alcohol since then. Becasue I drive race cars sometimes I forget about speed and what can happen. Like the DUI this is a big wake up. I have been thinking about how easily someone could get really hurt or worst at speeds like that.
I never contest my tickets. I usually deserve them. I am just freaking about the situation. In talking to people I was told they can arrest you past 90 MPH. So I already got one break. I am just worried they will pull my licence or something when I get to court. That would screw my career, etc. I know, I should have thought about that before.... I am sure alot of us forget driving is a privilage, not a right.
Thanks.
 

·
Charter Member
Joined
·
3,059 Posts
I live and drive in MI. Ever drive 696, 96, or 275?? 80 to 90 in the fast lane is not that uncommon - summer or winter. Not always wise given traffic conditions, but we michiganders typically drive pretty fast.

I was sort of in your shoes 11 years ago. Sort of. New Mustang, pending divorce, closing a $50 million dollar client deal - feeling invicible. You know, too young and too stupid to know better.

3:00 a.m. driving home after a long day flying back from the client site. Driving on Telegraph minding my own business.

Next thing you know I am racing a new Camaro. Telegraph is a divided four lane. But instead of just drag racing from light to light, we are sliding (four wheel drifting) through the turn arounds and actually doing some "oval" racing. We were the only ones on the road. Honest. Either case - REALLY STUPID - no excuse.

Well, what we didn't know is that there was a police station just over the hill; where they heard us sliding through the intersections and racing.

Of course, we didn't see the cop car behind us either. That is until the police barricade came up in front of us. We were clocked in excess of 135 mph in a 50 mph zone.

Drag racing, resisting, eluding, reckless endangerment.... cars impounded, night in the county jail, lost drivers license, plea bargins, lawyer fees, from zero to 11 points on the license in one night, high risk insurance for three years - ouch! The insurance was the real killer - for three very very long years.

Bone head, bone head, bone head. You can live and learn or just live. I've learned - fortunatly.

Your case - get a lawyer. The fines associated with the amount you were over, the cost of high risk insurance (based on the speed over you were going if convicted), plus the new Michigan "administration" fees that you will pay above and beyond the penalties for the state to update and maintain you new driving record (probably in excess of $300 for you - thank Gov. Granholm for that one)... make it in your best interest.

Oh by the way - Michigan does not buy the no points driving school approach, the radar certification and the certification of the testing equipment itself approach must be asked for in formal writing at least 14 days (or more, can't remember) prior to the court date (you can't ask at the court date), that much over the speed limit and they will ensure your court date is scheduled for when the office can be there - so don't count on a mis-trail based on the slim chance he won't show up.
 

·
Professional Internet Browser
Joined
·
9,945 Posts
They wont pull your liscense, you will just have classes and fines etc. A bunch of my friends back home have been nabbed at 100+

Seriously though, I have driven on all the mentioned roads, no one drives at 100. I was driving from A2 to grand rapids last week on 96....fastest I saw someone go was tops 90.
 

·
Premium Member
Joined
·
17,839 Posts
If I was idealistic, I would say that you got cought breaking the law, and now you should just shut up and pay the fine.

However, I'm often not very idealistic, and usually realistic and somewhat pesamistic. The whole point of speeding tickets have very little to do with "protect and serve". It's all about the Benjamins. As long as you dump cash in to the legal system, you will get off lightly with just a few small token punishments.

So hire a lawyer or two, file multiple appeals, go to court many times. Keep your mouth shut and do what they tell you to do. It keeps the cash flowing through the system and everybody is happy. It sounds expensive, but you're going to shell out the green anyway.

And yes, your insurance rates will go up. It's just another form of legalized extortion.
 

·
Registered
Joined
·
9,941 Posts
no one drives at 100. ....fastest I saw someone go was tops 90.

Damn Aaron, pretty well calibrated eyes you got there to read a 10% speed differential. ;)

Michael D. Dude, slow down, somebody might think we're the same person! :D
 

·
Professional Internet Browser
Joined
·
9,945 Posts
If I am going 80, which is comfortable cruising speed on MI roads, and the most that someone passes me is barely passing me, I cant see that being 100...90 maybe.
 

·
Senior Charter Member
Joined
·
1,761 Posts
I agree with Aaron. I cruise at 80 like most people do in the left lane. If I'm being passed, I'd say their no faster than 90. once in a blue moon will someone pass me going over 100, and everytime, I wonder if I'll see them pulled over up a head, or in an accident.

Slow down Michael. Someones going to get hurt or killed!
 

·
Registered
Joined
·
2,158 Posts
You plan to "lawyer up"? Why? You're going to spend more money for an attorney to try to get out of paying the penalty for a law you broke than if you just suck it up and pay the fine in the first place. What's the lawyer going to do that you can't? Sue?

I'm not at all trying to imply that I don't speed. Like most others here, if I'm in the left lane, I'm going between 75-80 in a 65 zone. Occassionally you'll see some bonehead in a riced out Civic going 90, but 100 is very rare. Even in some of the remote areas of NE Pennsylvania where the highway is straight, wide and no traffic. And I somehow doubt it's common in Michigan.

You asked for advise. If you TRULY and HONESTLY believe that there is no way in hell the radar could have been right, fine, go ahead and present your argument to the courts. Otherwise, slow down a little, take responsibility for your actions, instead of trying to put the blame elsewhere and wiggle out of it. Pay the fine and be glad you didn't get your license revoked.

Steve
 

·
Senior Member
Joined
·
5,042 Posts
Some years ago I got caught at 6am on an empty road doing 90+ in my Porsche. I got a lawyer who charged $900. The fine was $250 and my privelidges of driving in that State (NJ) were suspended for three months. No points on my license since I live in NY and these two states don't talk to each other.

I ask myself if the lawyer did anything to earn his $900. Without him if the fine been doubled or even trebled I would still have been ahead.

Anyway, no more supersonic speeds for me!
 

·
Charter Member
Joined
·
1,319 Posts
Uh oh, hypocrisy alert! On I-15 to/from Vegas last month I was doing 95+ and I was being PASSED... I did find out that momma's 6.0 liter suburban has a rather abrupt governor whichs shuts the motor down like a hammer at 100MPH! Gotta fix that somehow...

For your ticket, I think an attorney would be a waste of money, If you want to roll the dice the only real chance you have is pleading not guilty, NOT waiving time and requesting a speedy trial. That should get you a trial date right around the Holidays increasing the (small) chance that the officer won't show up.
It has been my experience that the court will reduce the fine if you plead guilty, but they won't reduce it if they have to spend the money on a trial. (in effect they punish you for exercising your rights!)
 

·
Registered
Joined
·
1,037 Posts
Discussion Starter #20
Thanks for all the advice. And I don't mean to be rude but several people think I am "lawyering up" or something to get out of this. I am not!!
If the laser said I was doing 101 then so be it. I never fight my tickets becasue usually I deserve them. Usually it is 20 over knocked down to 5 over.
What I was looking for was the circumstances are strange. In Michigan over 90 MPH they have the right to arrest you. I wasn't. When I called the court to get my fine, I was told this is a mandatory court visit. I am wondering what they might do, thats all.
I have no problem taking responsibility for my actions. If they had told me 4 points and 500 dollars it would be already paid.
It's a relief actually. Now I have a great excuse not to have to hurry.
 
1 - 20 of 37 Posts
Top