This is the stupidest ticket I've ever heard of. I was driving at 20MPh in a crappy car (beet up piece of trash with saggy springs and hockey-puck hard $25 tires), and took a left hand turn. On go the police lights, woman tells me I'm taking corners too hard and writes me a CARELESS DRIVING ticket! Careless driving in the State of Michigan is defined as "driving in a manner which is LIKELY TO CAUSE injury to a person or property". At 20MPh? On a clean, dry road? With no oncomming trafic? And no pedestrians on the sidewalks? WTF!
So anyway I had to fight it. I'm going to court soon and have the following questions for the officer:
1.) What was the date of the alleged incident?
2.) How many tickets are you normally expected to write during a one-month period?
3.) Is this the intersection of the alleged incident? (Photo)
4.) What specific driver behavior did you notice at this intersection that prompted you to issue the citation?
5.) Is this the car in question? (Photo)
6.) How fast was vehicle traveling?
a.) What speed was the vehicle in front of the driver traveling?
b.) Was the car visibly sliding sideways?
i. Did the car leave any “skid marks” on the pavement?
c.) Is it possible that the mechanical condition of the vehicle could have caused the tires to squeal?
d.) Is it possible that your assessment of the alleged incident was negatively affected by the external appearance of the cars condition?
e.) Did the driver appear to have lost directional control of the vehicle?
7.) What were road conditions at the time of the alleged incident?
8.) How would you characterize visibility at the time?
9.) In which direction was the driver turning?
10.) Were any obstacles obstructing the drivers view in that direction?
11.) Were any pedestrians present at a close enough distance to have stepped into the roadway in front of this driver?
12.) So no pedestrians were in any danger of injury?
13.) Were there any vehicles or other property in the roadway in the driver’s path?
14.) So no property was in danger of being damaged?
Summary:
While the mechanical condition of the vehicle may have contributed to the noises the car normally makes when turning, even at low speeds, the car was operated at what is normally considered a safe speed. Driving conditions were ideal, so no added precaution was mandated. Most importantly, the car was not operated in a manner that could “endanger persons or property”, which is the definition of the law.
I picked the informal hearing before the Magistrate instead of the formal hearing, because the formal hearing would have involved the prosecutor, and I'm not familiar with his methods well enough to take him on just yet.
I know how you feel. My local body shop repairers confiscated my courtesy car while mine was for repair - They told me a member of the public had rung up saying they had seen the C. Car being driven dangerously through my home town. Do you want to kow whats funny about it. I was driving around in a Nissan Micra. Handle like a slug. Couldn't be driven dangerously to save my life.
When I challenged the Body shop to prove that the member of the public was in fact legit - he refused to comment, told me the C Cars were his and had to be looked after. He then promptly confiscated the C. Car and left me with no way of getting around for a full 6 days! - I suffer from severe arthritis so I was pretty much house bound for the week.
Had to get two different friends to go well out of their way to get me to work on the friday and the following monday and the wednesday. (car was dropped off at work on the wednesday so I drove home).
These things happen - different people perceive different situations in a different way.
You are responsible for any damage the info in your post may cause to my system.
You were caught by a fund raiser for the township. There is really no good way out, especially that this is a moving violation, and will add points to your license, which will result in higher car insurance, especially if you are under 25 years of age.
What to do? Bargain with the prosecuter. Tell him/her that you are willing to plead guilty and pay the fine, if the charges are reduced to a zero point offense. This way, no points on your license, and no higher insurance premiums.
I think this is the best you can do.
Good luck!
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What to do? Bargain with the prosecuter. Tell him/her that you are willing to plead guilty and pay the fine, if the charges are reduced to a zero point offense. This way, no points on your license, and no higher insurance premiums.
Only do that as a last resort, though.
I'd put #9 earlier, so they don't have time to think about it beforehand.
Other than that, you're ok. I assume nobodey was driving with you? Have you asked people that live around there to see if they saw it?
It sounds like you have every right to contest this ticket - good luck!
However, I would <b>not</b> ask question 2 -
Quote :
2.) How many tickets are you normally expected to write during a one-month period?
Reason: The quickest way to piss off law enforcement in general is to assert that they have some sort of quota with regard to giving tickets, even though it may very well be true. Your other arguments are extremely strong; don't risk getting the officials needlessly pissed off with talk of quotas.
I actually won a court case once because the person who accused me of performing a sex act with my wife in public was unable to produce the tape even though a camera was present!
LOL LOL LOL, CRASH, lol a sex act in public, you wild thing you. LOL. and you got charged with it LOL. ::is gonna get introuble if the boss catches him online due to the laughing at work:: ::wipes tear from eye:: oh that was great lol.
~Matisaro~
"The Cash Left In My Pocket,The BEST Benchmark"
~Tbird1.3@1.5~
The problem with contesting the ticket is that you then forfeit the ability to compromise with the prosecuter for a no points fine. Your chance to plead guilty to a lesser charge is before the Judge hears the case. Once you start the case in an attempt to prove complete innocence, the chance to "pleabargin" a lesser charge is gone.
Remember, this is a small municiple court. For traffic violations, you are guilty even before the trial begins. This is income for the township. You may be surprised at how pigheaded and unreasonable the Judge will be.
Pleabargin for 0 points. Next to the increase in auto insurance, the cost of the ticket is next to nothing.
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hide in your magistrates foot well - I'm sure he'll bargain then.
Seriously - Do you not have a solicitor? My brother has been in so much [-peep-] that his solicitor lives off him. They really are the best people to fight your case. If a solicitor yells at the magistrate it looks good. If you yell at the magistrate it looks desperate. So if I was you I'ed get a solicitor.
Providing you state a reasonable case with evidence to back up what your saying (that dosn't include taking his honour out for a spin) then any court with a sense of decency should throw it out of court.
Thats what would happen over here anyway - This would never have even reached court.
You are responsible for any damage the info in your post may cause to my system.
I'm going ot have to agree with bigguy on this one. I doubt you will win that fight. It is money in there pockets. I know you are getting the raw end of a splintered unlubed shaft but hey it's better than an insurance increase.
This is a true story of my first experience in traffic court MANY years ago. I was in court to fight a parking ticket. Here is how the case in front of me went (someting I will never forget):
Judge to accused: You are in front of this court for driving through a red light. How do you plead?
Accused: Not guilty, your honor.
Judge: Let's hear it then.
Accused: It was 2 am in the morning, 10 degrees outside. I came to the intersection and the light was red all four ways. I waited 5 minutes, and there was no change. Your Honor, the light was obviously frozen. I went through the intersection and was then ticketed.
Judge: You should have waited longer. Guilty.
Moral of the story: pleabargin. They want your cash. If you don't fight and give it to them easily, they will reduce the charges. When you sign in to the court, ask to speak with the prosecutor, and tell them you will plead guilty if they reduce the charge to a zero point offense.
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