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  1. #1

    Default Speed Survey

    My question involves traffic court in the State of: Michigan. I received a speeding ticket in Benzie County and I am fighting the ticket because I know I was not going the speed limit the officer states I was. First of all the officer and I were in opposite lanes coming towards each other with a turn lane between us. I was cresting the top of a hill, as well as he was. He states he clocked me 63-63-63. And was nice enough to ticket me for a 55 in a 45. This was on us 31. This officer bumped my ticket back up to the 63 once he found out I was fighting it. Trail is Nov. 3rd. I have since found out that on this section of highway he states he pulled me over had major road construction (the turn lane was added) back in 2003 and it appears there has not been a speed study, done since 1998. However there is a TCO in place for 45, but no enginerring study performed. The officer also sent me by request throught the FOIA his calibration log for my stop and all it says it he checked the motion radar before and after. It does not give specifics. I am also looking for info on the eagle brand radar he used for recalls, any info. would help. So does anyone know where I can confirm that there is in fact no speed survey done for the past 10 years? Thanks

  2. #2
    Join Date
    Apr 2007
    Location
    Southeastern Michigan
    Posts
    1,226

    Default Re: Speed Survey

    OK, here's my take on this. Even thought there was no speed survey completed, you were doing 63 in a zone posted for 45. He clocked you doing 63. He sent you his calibration log to verify his equipment was properly calibrated. All signs point to your speeding. It makes no difference that a speed survey wasn't performed. If the limit is 45, it's 45 unless the state changes it.

    If you wish to challenge on the grounds that no survey had been completed and you are challenging the states stipulation that the speed limit of 45 is incorrect for the road you were traveling, you need to hire an attorney to fight this for you.

    If you attempt to argue pro-se on those grounds, chances are you're not going to prevail.

  3. #3
    Join Date
    Oct 2008
    Posts
    9

    Default Re: Speed Survey

    Quote Quoting chintzefeline
    View Post
    He states he clocked me 63-63-63. And was nice enough to ticket me for a 55 in a 45. This was on us 31. This officer bumped my ticket back up to the 63 once he found out I was fighting it.
    They can do this? I was under the impression that once you are cited for going 55 on the record, they can't just change written history and increase your speed because they are upset that you are challenging it.
    It was courteous of the officer to reduce your your charge when he cited you, but in court the prosecutor has to prove you guilty of what you were charged with, not what the officer might remember, or even scribbled in his notes.

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