In Michigan State Traffic Law, Section 257.602b, can I argue that I did not violate the Section, questioning the definition of a "text message" stated in the Section? I understand a text message can be one sent via SMS for example one using the cellular network, and may not include other types of... Read more »
The phrase "text message" is not a defined term. The court will likely attribute to it a general definition rather than a strict one limited to SMS. A court is likely to interpret the statute in accordance with the activity that is being regulated and the harm that it is intended to prevent.... Read more »
I left work a cop passed me from opposite direction I pulled in friends driveway and dropped off her work badge. Saw the cop fly by going in the direction I was previously going. I got back in car proceeded to go home down the road I saw the same cop parked on a side road. I was not speeding then.... Read more »
If the officer witnessed you speeding, the fact that he did not pull you over immediately is not a defense. You should contact an attorney who handles traffic cases on a regular basis for some guidance on how your particular case should be handled. Sincerely, Frank B. Ford
I since got a new vehicle. Can I appear in court with the proof of registration and insurance for the car I do have now?
No, you cannot. The ticket refers to the operation of the other vehicle.
If your former car was insured or was registered, but you did not have the certificate at the time you were pulled over, you may appear with proof of insurance and/or registration showing that the vehicle was insured... Read more »
I handed him my insurance info with the registration folder and it had my last cars info in it also since i had only just purchased my new car. This happend on the ohio turnpike. And im from out of state.
No. The citation was issued to you, not the car. An error of this type is easily corrected and the court would allow that correction.
DWOL CASES EVERY SENSE
What is your question?
I received a ticket in Ogemaw County, MI for holding my phone to use it as a map/gps (as remarked on the citation). I was cited under the texting and driving law that specifies "a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located... Read more »
I think where you'll run into trouble arguing in your defense is that while holding your phone, it was not affixed to the motor vehicle - regardless of what was on your screen.
Police officer arrives at intersection with visible and audible sirens. During this, I passed a green light in a 4 way intersection but stopped near police vehicle. Emergency response passed at my back soon after I passed. This is my 1st offense. Would I get a maximum of a $500 fine and 30 days... Read more »
Likely not. Although you should certainly consult with a local attorney. It is very possible to achieve a more pleasant result through skillful negotiation with the prosecutor.
That is very unlikely. Depending upon the seriosness of the offense, If you plead or are found guilty, most 1st offenders pay a fine, and may have probation. You may also be eligible to have the misdemeanor dismissed orreduced to a simple non criminal traffic citation. It's always a good idea to... Read more »
Some metered parking may not be enforced after a certain hour, but parking rules in general are enforceable 24 hours a day but any authorized person.
You will need to contact the court to see about a payment plan. DO NOT ignore the ticket. People have been unceremoniously arrested when they... Read more »
Husband was pulled over, officer said for speeding but he was not speeding, then said he would "do him a favor" and write the ticket for a parking violation (no points) - he was not speeding, and he was certainly not double parked on I-94 in Taylor... similar reports seem to say trying to fight... Read more »
If you fight it - i.e. demand a formal hearing - the officer could come to court and say "you know what, you're right. I should have actually wrote the ticket for 20 over". Then what? Unless your husband can overcome the presumption of evidence, he might be stuck.
The only thing that is correct on the ticket is the Vehicle plate number. Should I fight this in court or contact the officer's supervisor?
Probably the best way to approach this is to ask for an Informal Hearing. When you go for that, you can tell the Magistrate about the mistakes on the ticket, but even before you do that, talk with the officer, who should be there for the hearing, and see if you can reach an agreement that will not... Read more »
Illega I was pulled over by the state police and got in trouble. I turned the corner with him coming towards me and he immediately turned around and pulled me over. All that was asked was for my papers, and 'how much have you had to drink today cause I can smell it.' End of story. Not a clue why I... Read more »
Interesting question, and I can tell you did some research. The limits expressed in Terry v. Ohio don't apply when driving a car. Police can pull over a car for any number of reasons, and once stopped, can inquire as they did in your case. I would note that you didn't have to answer the question... Read more »
I was in front of my house, on the opposite side of street where the school bus was, and about to turn into the driveway ahead and drop my youngest off at his bus stop. I explained to the officer that I had a lot on my mind at the time, causing me to not realize the red lights were up on the bus at... Read more »
Call the Court and ask to set the matter for a "formal hearing". Go to the Secty of State and get a copy of your full driving record and take it with you to court. Sit with the City Attorney handling your case. Explain what happened, show her your good driving record and ask them to reduce the... Read more »
Much depends upon what infractions are in those tickets. If they are only civil traffic matters, you have probably been defaulted and are responsible to pay them. However, some tickets are actually criminal misdemeanors which are punishable by fees, fines, costs, and depending upon the... Read more »
Will I get my license taken away? Do I plead guilty?
Probably not, but you should definitely contact an attorney who handles traffic matters near you. Hire him/her to set this matter for a hearing and to appear with you at the hearing. If your record is otherwise clear, he/she may be able to resolve the case with no points and no record. It is... Read more »
Enter some kind of program to have it dismissed, would paying lawyer get me off? What is reality of it?
Insurance companies set rates based on a number of factors, not lest of which is your driving record and self-disclosures. A speeding ticket is a civil infraction (assuming the speed and conditions did not reach the misdemeanor criminal level). You will need to request a formal hearing, at which... Read more »
I was notified on a Friday by the 12th precinct that my car was recovered on Thursday (the day before) and now was in their custody at a tow yard. I had to pay almost $300 to get it back, but shouldn’t I have been notified the Thursday they found it so I could have the option to tow it to my home... Read more »
There is no statute which requires the police to notify you that quickly or that requires them to leave the vehicle where it is found, notify you, and wait for you to tow it. It could be in a dangerous place, on someone else's property, or pose a risk to traffic. They tow the vehicle to secure it... Read more »
I got arrested for driving without insurance in the state of Michigan but didn’t go to jail, I got released. I got my car out of the impound, I have a court date in about 2 weeks. Can I legally sell my car to pay off my ticket before the court date? Or will I get in more trouble for selling the... Read more »
So far as I know, there would be nothing preventing you from selling the car. If you keep the car, however, be sure you get insurance on it before you go to court, and take the proof of insurance coverage to court as soon as possible. If you can't do it before the court date, take the proof with... Read more »
I ended up totaling my boyfriends new truck and going to the hospital. I was not in the right state of mind when the cops talked to me and might have jeopardized myself. I had also taken two cbd gummies which is why I was drowsy. 4 years ago I got charged with an owi so this will be my second... Read more »
You definitely need an attorney to help you with the situation. The information here does not indicate where this happened, which can affect how to approach the case, the cost for legal services, and who might be a good choice of attorneys. I think it would be better if you called me, or some... Read more »
Contact the court to see if there is a warrant for your arrest. If so, find out what the amount of the bond is. You would normally then have to go to the police department, but sometimes directly to the court, to turn yourself in on the warrant and post the bond, and get the charge set for a... Read more »
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