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  1. #1

    Default Baited Into Speeding By The Michigan State Police

    driving home from work on highway in little chevy s10 company truck. ahead of me i see a small bunch of cars stacking up b/c a police car is ahead. they all start filing into the right lane. i'm content to proceed to the front of that line of cars. we're all going about 77 in a 70. the police car stays in the left lane about 10 car lengths ahead. 10 miles go by. i keep the lead of civilian vehicles; occasionally we pass a semi or 2. police car still in left lane. he gradually speeds up to 80ish. i follow suite. other cars fall behind a tad. here comes another semi truck. left blinker....change of lane. police car 5 or 6 car lengths ahead of me suddenly cuts in front of the semi and slams on his breaks. surprised at this, i tap my breaks and cruise past him at around 75, switch back into the right lane in front of him. my exit happens to be just a quarter mile ahead. lights go flashing. i pull over on the exit ramp.

    the ticket is for 75/70 with remark: "speed 84". so, is it legal for him to bate me into speeding? he was speeding too! i was just following him. i've been in that same situation more than twice in the past and played it the same way and nothing ever happened. once i set my cruise control and led a line of cars past a police car going 1 mph faster than it.

    isn't there some law that says you're not supposed to drive in the left lane on the highway unless you're passing slower traffic? there should be.

    possibly the most important aspect of it all is the lack of the officer's signature on the ticket. he checked the box that says "i served a copy of the civil infraction......i declare......statements above are true....." but didn't sign where it says 'Complainants signature and receipt if applicable' though he did print his name.

    so can i get out of this one?

    and when, if ever, should i tell my boss i got pulled over for speeding in the company truck i was borrowing (car getting repaired). we've got 13 trucks. i was driving the crappy one that always gets lent out. better coming from me than the insurance company right?

  2. #2
    Join Date
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    Default Re: Baited Into Speeding By The Michigan State Police

    The "everybody else was doing it" defense doesn't even work with mom, let alone in traffic court.

    Does your employer require you to report moving violations?

  3. #3
    Join Date
    Jul 2007
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    26

    Default Re: Baited Into Speeding By The Michigan State Police

    Mr. Knowitall,

    Whether or not the employer requires Environmentalist to report moving violations, I think he should report it because he was driving employer's vehicle. Who knows he might get some points and a raise for his honesty.

  4. #4
    Join Date
    Aug 2007
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    5

    Default Re: Baited Into Speeding By The Michigan State Police

    Are police allowed to speed (i.e. break the law) if their lights and siren are not on? My understanding is that they can't speed anymore than we can. on the other hand, you DID pass him at 75mph. If you had slowed down to 70, he wouldn't have been able to give ticket, right? I guess my point is that he certainly didn't bait you into NOT applying your brakes to bring your speed down to 70...

  5. #5

    Default Re: Baited Into Speeding By The Michigan State Police

    i did some looking around online and it may be possible to question what reason the officer had to be speeding. even if he is allowed to bait someone into speeding as he did w/ me (a method i wholeheartedly object to), one can't help but wonder what he was doing going 77/70. i know, i know, its the internet, but still:

    "If a police car is speeding on its own (not pacing you to verify speed)
    and you follow along then that officer better have a pretty good reason
    for stopping you.

    If they stop you they have to justify why they were either speeding for
    no reason or why whatever they were speeding for was less important than giving you a speeding ticket. Going the flow is one thing but cops who abuse their position for hugely excessive speed pisses me off and i'm a cop."

    the officer did ask me if, had he been going 90, would i have done the same. essentially, i told him, i have my limits and so does this vehicle i'm driving. i need to find a better argument, but isn't this kind of like an undercover cop posing as a drug dealer so that, after the sale, they can arrest you for possession? that IS still illegal right?
    --------------------------------------------

    regarding my employer, i'll likely tell them. but i they won't find out about it until the case is actually over (assuming i lose).

    i'm relying on the officer's failure to put his signature on the ticket (as mentioned in initial post) to be my way out of this one.


    http://tipmra.com/new_tipmra/fatal_f...%20_ticket.htm

    "If the officer fails to sign the ticket you may have a good reason for asking for a dismissal. The reason is that the ticket represents the arrest and is the officers affidavit to the court that you committed the offense specified. If it is unsigned it has the force of a unsigned affidavit. That is it has no legal standing. The motion to dismiss would go like this. "Your Honor, Defense motions for dismissal as the affidavit containing the charge is unsigned and legally incompetent as a charge against the defendant."

    my sister-in-law happens to be a lawyer, though she happens to know nothing about traffic law, she said that the above reason might void the ticket, depending perhaps on the state and the district. so where do i go to read more about this? is the library the best place?

    Quote Quoting TX Ciclista
    View Post
    Are police allowed to speed (i.e. break the law) if their lights and siren are not on? My understanding is that they can't speed anymore than we can. on the other hand, you DID pass him at 75mph. If you had slowed down to 70, he wouldn't have been able to give ticket, right? I guess my point is that he certainly didn't bait you into NOT applying your brakes to bring your speed down to 70...
    its actually possible that i was going more like 72 when i passed him. i highly doubt he was watching his speedometer at the time, and i recall only glancing at mine for a split second. in any case, he ticketed me for the 84 mph we were doing a mile or so earlier.

    speaking of this particular moment in the encounter, it seemed a bit reckless to me the way he cut in front of that semi and suddenly stepped on his brakes. in addition, i recall him clearly when he said that i was "riding his bumper". i remember thinking how full of *it that statement was. i maintained 5-10 car lengths at all times.

  6. #6
    Join Date
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    Ohio
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    Default Re: Baited Into Speeding By The Michigan State Police

    OP, where do you get such information? What are the statute number of these laws?

  7. #7

    Default Re: Baited Into Speeding By The Michigan State Police

    OP? is that a member here? the stuff i posted was just found here on the net. in any case, yeah, statute numbers. that's what i'd like to take with me when the time comes. i need to do the research, though i'm not entirely sure where to start.

  8. #8
    Join Date
    Jul 2007
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    26

    Default Re: Baited Into Speeding By The Michigan State Police

    OP means Original Poster or the thread starter.

  9. #9

    Default Re: Baited Into Speeding By The Michigan State Police

    so i set up an informal hearing. it was scheduled for 11:10 am. i was there 10 mins early. the magistrate was there on time, but didn't start the hearing until about 11:20, when the officer finally showed. doesn't seem right to me. hmm...

    i found the magistrate to be a *head. he blew off anything and everything i had to say. wouldn't allow me to question the officer; said all my questions were irrelevant. he said it didn't matter that my copy of the ticket was unsigned b/c the copy the court received was signed. i quoted portions of Michigan's traffic law stating under what circumstances the officer is permitted to speed w/o siren or headlights and tried to explain how he had violated the law.

    i felt like my naivety of the laws and inexperience in these situations was exploited. i felt conspired against. it seemed clear to me that the magistrate didn't want to be there and, based on his actions during the hearing and the time it took for him to get to his car afterward, was in a hurry to get out of there. i was declared 'responsible' and ordered to pay the fine.

    i spoke to the officer by his car afterward. he seemed to justify baiting me into speeding by saying, in effect, its normal practice.

    to sum up, its not about $90 fine. i won't get pts on my license b/c ticket was for 1-5 over. still not sure what can happen w/ my insurance. all i really want here is for someone to give me the time of day; to hear my out, actually understand my point of view and explain to me why my viewpoint is inaccurate according to the law.

    i've 7 days to appeal and have a formal hearing. should i do so? for some reason i've a feeling the judge would be easier to talk to.

  10. #10
    Join Date
    Jul 2006
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    Ohio
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    Default Re: Baited Into Speeding By The Michigan State Police

    Pay the fine. You were speeding & you got caught. You are acting like mommie caught you with your hand in the cookie jar and she's to blame because she put the cookies in the jar.

    Grow up! If you want to play games, take up tennis, fcs! Jeeze.

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