Detroit, MI asked in Traffic Tickets for Michigan

Q: Can an officer pull me over in my own subdivision(private property) for speeding? Should I fight it?

He dropped it down to impeding traffic but the ticket cost is high. There are no speed limit signs posted on the side of the road I was driving, only on the opposite side in which I can’t see going the opposite direction. The speed limit is 15 mph and I was going 22 mph according to him.

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

A: Subdivisions are not private property; the roads of which are open to the public (generally).

Michael Zamzow
Michael Zamzow
PREMIUM
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: I am skeptical that anyone will buy that you didn't know the speed limit in your own subdivision. It also wouldn't matter if you really didn't know.

And if it is an average subdivision of greater than 10 houses (or even less) I don't think your the private property argument would work. It might not even matter if you're the only owner of the subdivision since you can be found guilty of 'drinking and driving' in your own driveway, I could see the Michigan Supreme Court applying similar reasoning here.

Which I suppose brings us to the speed limits, mobile home parks subdivisions are 15mph, posted or not.

And generally, until 2024, the speed limit in residential areas is 25mph, unless another speed is fixed and posted MCL 257.627.

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