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  1. #1

    Default Please Help! Use of Private Property as Cut Thru!

    Hey everybody......I really need advice on a ticket that, in my humble opinion, is just plain stupid. Half an hour ago, I was pulled over by a copper in Ann Arbor, MI. I was driving home from class (its snowing here right now!) on a street that is perpendicular to the street I live on. Now traffic was backed up at least 100 yards, and an empty supermarket parking lot was the only thing between me and home. So I turned into this parking lot and drove to my apartment. Now a cop was sitting in the empty lot and followed me home and wrote me a ticket in the driveway.

    In the description, he writes "Use of Private Property As Cut Thru" and under the Michigan offense code 257.611 it says "The driver of a vehicle shall not, for the purpose of avoiding obedience to a traffic control device placed in accordance with this chapter, drive upon or through private property, or upon or through public property which is not a street or highway."

    I'm wondering if there is any way I can argue my way out of this $200 ticket. In Ann Arbor, we can disagree with the issuance of the citation and appear in court for no additional fee (which is exactly what i really want to do since im a poor grad student - 200 bucks is pretty much food money for a month). Now, I just think this ticket is absolutely ludicrous! I went through a supermarket PARKING LOT! How is this a crime? It is abandoned, but no signs are posted anywhere that say "Do not enter" etc. If it is private property and i'm "trespassing", is the cop allowed to be sitting in the lot in the first place? Can I argue that because its a parking lot, its a public throughway? Or can I say that because traffic was so backed up, in my best estimate the light was not working and therefore i was not trying to avoid the traffic control device? PLEASE HELP ME! Like I said earlier, I'm a grad student at U of M and we hardly get paid anything in the first place. The last thing I need to pay for is a ticket for using a short cut. Thanks!

    -Paul

  2. #2
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Please Help! Use of Private Property as Cut Thru!

    Q: I'm wondering if there is any way I can argue my way out of this $200 ticket?

    A: No. Reason: "...I was driving home from class (its snowing here right now!) on a street that is perpendicular to the street I live on. Now traffic was backed up at least 100 yards, and an empty supermarket parking lot was the only thing between me and home. So I turned into this parking lot and drove to my apartment....."

  3. #3

    Default Re: Ticket For Use of Private Property As A Cut-Through

    Q: I'm wondering if there is any way I can argue my way out of this $200 ticket?

    A: No. Reason: "...I was driving home from class (its snowing here right now!) on a street that is perpendicular to the street I live on. Now traffic was backed up at least 100 yards, and an empty supermarket parking lot was the only thing between me and home. So I turned into this parking lot and drove to my apartment....."

    .....not really much help

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Ticket For Use of Private Property As A Cut-Through

    If you request a formal hearing you will be able to try to talk to a prosecutor about your situation and try to cut a deal.

    If you make an admission with an explanation, you may get a break on the fine, but it is unlikely that you will get any greater relief.

    You can read all about the procedures for Michigan traffic offenses here (in PDF format).

  5. #5

    Default Re: Ticket For Use of Private Property As A Cut-Through

    any other suggestions/advice? i feel like this is a bullshizzle citation. i mean its a parking lot!

  6. #6
    Join Date
    Jan 2007
    Posts
    204

    Default Re: Ticket For Use of Private Property As A Cut-Through

    Quote Quoting MichiganGoBlue
    View Post
    any other suggestions/advice? i feel like this is a bullshizzle citation. i mean its a parking lot!
    And most states have statutes that forbid the crossing of private property to avoid intersections. (Taking shortcuts) Your defence to the ticket is that you did not do what you are ticketed for. So ... did you or didn't you?

  7. #7
    Join Date
    Dec 2004
    Location
    Seattle
    Posts
    3,577

    Default Re: Ticket For Use of Private Property As A Cut-Through

    Quote Quoting MichiganGoBlue
    View Post
    i feel like this is a bullshizzle citation. i mean its a parking lot!
    Your feelings notwithstanding, the law is the law. I'm sorry you don't like it, but then there are those who think that laws against murder and robbery are bullshizzle, as well. Basically, if you don't like the law, talk to your legislature about changing it. Meanwhile, obey it or pay the consequences if you're caught.

    I would also point out that NONE of your arguments hold water. The officer's location is not germane to your breaking of the law. Nor were you cited for trespassing. There do not have to be "do not enter" signs posted. The law you broke has nothing to do with your arguments.

    What I would do is take Aaron's advice and contact the prosecutor. Don't even HINT about your "bullshizzle" feelings. Be contrite, you were in a hurry, big test tomorrow, traffic backed up forever, your apartment was just across the parking lot, you know you made a mistake -- but $200 is a pretty steep fine. Is there any way he/she could cut you a break on the amount -- perhaps reduce it to a non-moving violation. Emphasize that you're a starving student (don't mention U of M if you can help it -- the tuition there is more than a lot of people make in a year), you've got a clean record (I hope), etc.

    Remember, you can catch more flies with honey ....

    Good luck,
    Barry

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