Legal Question in Traffic Law in Michigan

Speeding with provisional license

My 16 year old son got a ticket for going 40mph in a 25mph zone. He has a provisional license (for 2 month) and was tagged with a radar gun. He admits going over (although he didn't think it was that fast), but he had just turned onto the street and another driver was tailgating him and my son was trying to get more distance between him and the other driver.

The plan is to take the ticket to court and plead ''guilt but with explanation''. I guess I don't understand the meaning of this procedural method. Does this mean that you are asking them to throw out the charge with the explanation?

We aren't trying to avoid the fine, but we are trying to avoid the points on his provisional license. Is this procedure the way to get this accomplished or is there another approach?


Asked on 6/17/06, 12:47 pm

1 Answer from Attorneys
William Morrison Action Defense Center

Re: Speeding with provisional license

Gee, you sound like a great dad. My dad would never go to traffic court for me and you should't go either - especially with that lame excuse. ( What would your son have done if he were being tailgated at 40 mph in a 25 mph subdivision - do 55?).

If you don't want to hire a lawyer to protect his license (and your insurance premium for the next two years), at least ask for a formal hearing (not informal) so your son (not you) can see if the prosecutor will give him a break.

A lawyer could probably get him a clean record, no insurance consequences and a one day traffic school. He needs to learn the proper method of avoiding a tailgator which is to PULL OVER AND LET HIM PASS.

You can keep clean record for a long time if you have a clean record when you get your next ticket. Prosecutors don't give breaks after a bad record gets started (i.e. in order to bargain for 0 points you have to have 0 points.

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Answered on 6/18/06, 12:56 am


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