The officer wrote me as going 80/70, but in the remarks section he puts "Actual speed 89 MPH left lane (posted to end) at 415 feet from where I was parked on left shoulder. No further break!"
I went and talked to a free legal adviser and he told me I shouldn't fight it and to do one of two things:
1. Call the court and ask if they have a pre-trial conference before the formal hearing so I can try to negotiate with the prosecutor.
2. Pay the ticket and see if I'm eligible for the basic driver improvement program.
Did he give me the best advice? I just wanted to get more opinions.
I would like to state that I don't mind paying a fine. I would like to, at the very least, get my speeding ticket changed to a non-moving violation. Also, hiring an attorney is not really an option for me.
Personal Injury Lawyer
In some traffic cases you can attempt to negotiate with the State and may in fact, depending on your prior record, resolve the case with a driver improvement program. In other situations, you can plead guilty with an explanation. The sentence will vary depending on your record in the last five years.
Jonathan N. Portner, Esquire, Portner & Shure, P.A. Maryland and Virginia Personal Injury Attorneys. This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm
You will want to approach this tactfully to give yourself the best chance of achieving one of your goals. Ask for the pre-trial to talk with the prosecutor. Be polite and courteous while asking for driver improvement course - or failing that, a non-moving violation. Focus on your otherwise good driving record (your chances are slim if your record is poor) and perhaps the special circumstances of the incident in question. Good luck!
Real Estate Attorney
It depends on the circumstances. Were you actually doing 89mph? Were you driving in a curved fashion or straight when your speed was recorded? Those are issues that may help you mitigate the radar reading (look up co-sign error for radar detectors if you want to do further research).
Also, hiring an attorney will help. Regardless of the police officers statement of "no further breaks" you could plea to the actual charge and have the points "taken under advisement," you could plea to a delayed sentence in some jurisdictions, or you could even negotiate a lesser charge with the prosecuting attorney, regardless of the police officers wishes.
Get a lawyer and negotiate. Pure and simple, prosecutors are more likely to take a legal argument than a speeder's plea for forgiveness.
My answer should be construed as general information only and it should not be considered legal advice. No attorney-client relationship with me has been created until I have signed a retainer agreement. Please contact my office at 616-698-0000 for a free initial consultation. www.clickforhoward.com
Under Michigan law, there are different sanctions for speeding violations that occur on an interstate (such as I-94 or I-96) and for all other roads, such as state highways. The Court will assess fines and costs for said violation, while the Secretary of State will administer license sanctions (such as points, suspensions, etc). The following license sanctions for speeding are common in Michigan:
Speeding - Violations on an Interstate-
0-5 over: 0 points
6-10 over: 1 point
11-15 over: 2 points
16-25 over: 3 points
26 and over: 4 points
Speeding - Most other roads
1-10 over: 2 points
11-15 over: 3 points
16-20 over: 4 points
21-29 over: 4 points
30 or more over: 4 points
(Typically, the Secretary of State will add an additional point for speeding in a construction zone).
The following information is from the Secretary of State website regarding the Basic Driver Improvement Course:
The Basic Driver Improvement Course program permits eligible drivers to take a driver improvement course, either on-line or in a classroom.
The Secretary of State will not make the points or information from the ticket available to insurance companies for drivers who successfully complete the BDIC through an approved sponsor.
The BDIC serves as a refresher of basic traffic safety principles. This refresher course can improve safety for all Michigan drivers.
The Secretary of State will notify eligible drivers. Eligible drivers have 60 days to arrange for and successfully complete the BDIC. The course completion deadline is listed on the notice of eligibility. The approved sponsor will notify the Secretary of State of course results.
The fee for the course is determined by the course sponsor but must not exceed $100 as required by law.
Who is eligible for this program?
You will receive a letter in the mail if you are eligible for this program. You may be eligible if you were ticketed on or after December 31, 2010 and:
You have a valid, non-commercial license, with two or fewer points on your record,
The violation was not in a Commercial Motor Vehicle,
The violation was not a criminal offense,
The ticket you received is eligible (e.g., must be for three or fewer points, not for careless or negligent driving, etc.)
List of eligible tickets:
This information is to provide avvo.com users with a general sense of the law in Michigan. This information was not provided in the context of an attorney-client relationship and should not be relied upon as legal advice. If you need legal advice, please contact an attorney.