Legal Question in Traffic Law in Michigan

Speeding ticket

I recieved a speeding ticket on US-23 in Fenton, MI today from a state trooper. I was in the left lane obeying the speed limit when a black SUV started tailgating me, honking his horn and making obscene gestures, so I had to speed up to pass the car on my right and get in the right lane. The cop said he clocked me at 82 MPH when I passed him but he wrote me a ticket for 75 in a 70 zone instead. I plan to get a court date and attempt to fight this ticket. Do I have a chance in court based on ''speeding out of necessity'' or any other defense tactic?


Asked on 5/26/07, 6:29 pm

2 Answers from Attorneys
Cullen Geisler The Law Offices of Cullen P. Geisler PLLC

Re: Speeding ticket

If you hire an attorney and demand a formal hearing you probably if you have a good record could get a fine and no points.

www.lawcpg.com

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Answered on 5/27/07, 11:50 pm
Audra Arndt Audra A. Arndt & Associates, PLLC

Re: Speeding ticket

Always fight your speeding tickets by requesting a FORMAL HEARING with the district court, whether or not you have an attorney. Unfortunately you have a much better chance of having the charges reduced to a no point violation (depending on your record) if you use an attorney.

While speeding out of necessity is not really a valid defense, prosecutors usually listen to what you have to say, although they have heard every excuse in the book. If you were polite to the officer, he will likely not oppose you having the charges reduced to a no point violation, which means it doesn't show up on your record, causing your insurance to rise, but you'd still have to pay the fine.

I recommend scheduling a formal hearing, and trying to get it to a no point violation. If the prosecutor or cop won't reduce the charges, tell them you want to come back with a lawyer and they will reschedule the hearing. Then give me a call!

Trust me, it's worth paying a lawyer a few hundred dollars to get the ticket to a no point violation versus having your insurance go up.

I'm at 248.644.8771, x 37.

Thanks and good luck.

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Answered on 6/01/07, 7:51 pm


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