Results 1 to 3 of 3
  1. #1

    Default How to Reduce a Speeding Ticket

    My question involves a traffic ticket from the state of: Michigan

    I was recently pulled over for going 93 mph on I-94 (70 mph speed limit) in Jackson County. The officer detected my speed with a laser device. He wrote me a ticket for excessive speed (freeway) 25+ over and told me to appear in court within 10 days of the violation. I am curious if I have any action I could take to reduce this. I do not know why he wrote me a ticket for going 25 over the speed limit, seeing as I was only going 23 over. I am considering contesting the ticket but I am concerned that it may get bumped up to reckless driving because of the excessive speed. I wasn't in a construction zone, weaving, changing lanes, or tailgating, and it was in clear conditions during the day. Is there a chance this could be considered reckless driving? I have a clean driving record except when I rear-ended someone when I was 16 and I got a ticket for following too closely. Also, I have a previous misdemeanor offense of public intoxication that happened 5 years ago and I am trying to get it expunged. I have not had any other violations of any kind since then and I was wondering if this incident will have any impact on my ability to get the previous offense expunged.

    Thank you

  2. #2
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Michigan Speeding Ticket, 93mph in 70mph Zone; Expungement of Previous Offense

    First off, what code section were you cited for?

    I am assuming it is MCL 257.628

    Reckless driving would be covered under MCL 257.626 And yes, while your speed is on the high end of "excessive" compared to the maximum speed on a freeway, one can safely assume that if the officer would have cited you for reckless driving if your actions were to justify such a charge. Of course we don't know what conversation you had with him or if he made any indications to some sort of connection or possibility.

    As for the differential between the 93 in 70 = 23 mph over and him writing you up for 25+, can you elaborate on what is written on the citation? Both speeds? If on the other hand he only wrote one (either the 23 over or the 25+) then how did you come up with the other one?

    Assuming there are indications of both speeds written on the citation, you are free to look into the reasoning. Although th eway I see it, it is not likely to result in a dismissal of the charge nor is it likely to impact the validity of the citation. Simply because according to MCL 257.629c, you can see that speed violations between 16 mph to 25 mph in excess of the speed limit are subject to the same minimum fine as well as violation point assessment. So since this issue has caused you no harm (as far as I can tell) arguing the difference in the 2 mph might turn out to be an exercise in futility.

    Now... With all that being said, on what basis are you proposing on contesting the citation? I am not seeing anything that you mentioned that would resemble a viable defense. In fact, these are civil infractions and the burden to prove you were speeding follows a preponderance of the evidence standard which is much easier to meet compared to beyond a reasonable doubt. This makes the officer's task to prove you are responsible for the violation much easier, and with 23-25 mph in excess of the limit, its already easy to begin with! If you are wanting to contest it simply because you are concerned about your expungement, the expungement doesn't really change the facts of the speeding case, does it?

    For more on that though, it appears that the controlling statute there is MCL 780.621 which states in part:

    Quote Quoting MCL 780.621(1)
    ... A person who is otherwise eligible to file an application under this section is not rendered ineligible by virtue of being convicted of not more than 2 minor offenses in addition to the offense for which the person files an application.
    The definition of a "minor offense" can be found under subsection (10)(b) and is described as:

    Quote Quoting MCL780.621(10)(b)
    "Minor offense" means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 90 days, for which the maximum permissible fine does not exceed $1,000.00, and that is committed by a person who is not more than 21 years of age.
    And a civil infraction is not the same as a minor offense.

    You can go to the Self Help Section regarding Expungements

  3. #3

    Default Re: Michigan Speeding Ticket, 93mph in 70mph Zone; Expungement of Previous Offense

    Thank you very much for your help! Yes, it was 257.628, not 257.626. He asked me if I had any reason to be going that fast. I basically froze up and couldn't think of anything because I was very nervous and I did not realize I was going that fast, nor did I know he had detected me at that speed because I had slowed down to 70 before I drove past him. At the top of the ticket, it says the detection speed was 93mph. Then in the citation section, there is only one charge: Civil Infraction, 257.628. The description is written as follows: "Speed - (Freeway) 25+ Over, Speed Charged: 93/70 Device: 464." However, the as you pointed out, there is no charge for 25+ Over for Jackson County. There is 21-25 over ($136 and 4 points) and 26-30 over ($146 and 4 points). http://www.d12.com/county_courts/d12...affic_2012.pdf I guess I am confused as to why the ticket is written like that when there doesn't seem to be an offense to match it. After speaking with a traffic court clerk, she told me that the ticket has not yet been entered into the system but when it does, it will be for the speed I was observed at. I am not trying to get the ticket dismissed, I am just wondering if it would be possible to have it reduced to get fewer (or no) points on my license. I am willing to pay a higher fine. As for my defense, I really don't have one except to try and plead for sympathy based on my clean record. Do you have any idea what that chances of this succeeding might be? I suppose my main fear is that if I go to try get the ticket reduced, the ticket could be increased to reckless driving. Do you know what the chances of this are? Would it be better to just admit responsibility to avoid the possibility of picking up a reckless driving charge? Also, thank you for clarifying the expungement issue.

    1. Sponsored Links
       

Similar Threads

  1. Speeding Tickets: How to Reduce Speeding Ticket in Court
    By Stephnbree in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 04-21-2012, 08:57 PM
  2. Speeding Tickets: How to Reduce a Speeding Ticket
    By HeyGuys! in forum Moving Violations, Parking and Traffic Tickets
    Replies: 2
    Last Post: 04-17-2012, 02:53 PM
  3. Speeding Tickets: How to Fight or Reduce My First Speeding Ticket
    By netnet in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 11-24-2011, 07:29 AM
  4. Traffic Court Issues: How to Reduce a Second Speeding Ticket to a Non-Moving Violation
    By stpmu in forum Moving Violations, Parking and Traffic Tickets
    Replies: 6
    Last Post: 12-16-2010, 06:39 PM
  5. Speeding Tickets: How Can I Beat or Reduce My Speeding Ticket
    By Ticket in San Francisco in forum Moving Violations, Parking and Traffic Tickets
    Replies: 1
    Last Post: 09-27-2010, 08:51 PM
 
 
Sponsored Links

Legal Help, Information and Resources