Legal Question in Traffic Law in Michigan

I was recently ticketed for incorrectly passing. I started to pass the car as soon as the passing zone started, but was not able to make it back into my lane before it became a no passing zone (going 55mph, there is only 7 seconds to pass in that zone). I did re-enter my lane right after it became a no-passing zone.
Also, the officer listed it as Passing on a Hill. I had started to merge back by the time the hill started, but was technically still merging at the beginning of the hill.
Was I really in violation of the law?
In general, is it illegal if you have not re-entered your lane before it changes to a Do Not Pass Zone?

Asked on 1/19/10, 10:54 pm

2 Answers from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

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Improper or incorrect passing can mean that you did not pass or attempt to pass in a safe manner, which is likely why you got your ticket. Attempting to argue the legality of a ticket or a technicality does not work. Prosecutors have heard every excuse and argument in the book, and take offense to someone trying to argue they are innocent or, in your case, had crossed the lines in the passing zone. They interpret that to mean you are calling the cop a liar. In your case, even if you did pass within the passing zone, it sounds like you were not effectating a "safe" pass as defined by law and thus the cop was within his rights to issue you a ticket.

Your best bet, and essentially your only option, is to schedule a formal hearing and ask the prosecutor and police officer to cut you a break and reduce the ticket to a no point violation, or something with 1 point, to lessen the burden on your insurance premiums and your driving record. Either way you'll still have to pay the fine to the court, but your goal is to get as least points as possible, since it affects your insurance for at least 3 years, and also requires extra fees when you renew your plates for at least 2 years (called Driver Responsibility fees, started by Granholm several years ago).

If you retain a lawyer, that drastically increases your chances of getting a "break" at a hearing, by about 90%.

If you wish to retain a lawyer to handle your traffic ticket, and the ticket was received within 50 miles of the metro Detroit area, please feel free to contact me.

Again, you want to schedule a formal hearing, regardless of whether you have a lawyer or not, and not an "informal" hearing.

Thank you.

Answered on 1/24/10, 11:38 pm

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