Legal Question in Traffic Law in Indiana
Michigan driver ticketed in Indiana
I'm from Michigan and was ticketed by the Indiana State Police for going 74 in a 60 (I was passing another car whose driver chose to accelerate as I passed) on US 24 (Peru City Court). The officer apparently speed gunned me while travelling in the opposite direction on a divided highway. I have a relatively good record (2 speeding tickets in 31 years of driving and nothing in the last 8-10 years). Any way to ask for lenience--pay the fine (124.50) w/o the points?
The ''deferral program'' they offer to avoid points is very costly and I'm not even certain how or if the points get reported to my insurance company from Indiana. And is there any way to negotiate without going to court? I live about 5 hours away.
Thanks so much.
1 Answer from Attorneys
Re: Michigan driver ticketed in Indiana
There is a provision in the Michigan Motor Vehicle Code that will keep you from getting any points for civil infractions incurred out of state if you take the correct steps.
Initially, you do not pay your ticket, but request a hearing instead. The procedure after that can either require your personal appearance or not. Indiana's deferral program would not be helpful to you.
Indiana lower courts (City, Town, or Superior) do not have consistent procedures regarding traffic hearings. I have practiced in Indiana.
You are ticketed with a 2 point offense in Indiana In Michigan, it would likely be recorded as a 3 point offense.
If you need help to resolve this without returning to Indiana, call me.
William Morrison
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