Should I fight a speeding ticket that was written as "impeding" traffic?

by **forde** » Tue Apr 05, 2011 10:05 pm

I requested information through FOIA on how the speed limit for that road was established and found that there are no Traffic Control Codes in place for that road. So if it was written as speeding I probably would have a good case since there is nothing based on Michigan Public Act 85 setting the speed limit for that roadway but since the ticket was written as impeding I'm not sure my findings will help me. Based on how the "impeding" law is written I don't see what portion of it I violated. As of right now I plan on fighting since I wasn't impeding traffic. I was going 12 over and that is stated on the ticket

by **aviya** » Tue Apr 05, 2011 10:07 pm

You have every right to fight the ticket. This is what you can expect. If you go in and start acting as an attorney to the judge, or administrative law judge in the regards of spouting out Public Acts, I am sure your case will be short lived. Traffic law doesn't hold the burden of proof on you, the defendant. Traffic law is simply a Prima Fascia case for the officer - which means that the Prime Facts of the case must be presented. If the officer fails to hit any one of the Prime Facts, you would have to be able to pick up on any of the facts the officer left out, and then at that time request a dismissal due to the fact the officer left out. This is not easy - usually a seasoned officer or attorney will catch this omission.
If you want to hire a lawyer - do it. If you want to defend yourself, that's your right. Consider that the mail in fine is one cost, if you're found guilty in a courtroom that cost can now double for taking up the courts time - you admit guilt, and it sounds as if the officer gave you the lesser of the charges opposed to a flat out speeding summons.

by **muata2** » Tue Apr 05, 2011 10:14 pm

Idly curious...

If, as you state, there is nothing setting the speed limit for that roadway, then how do both you and the officer know that you were going 12 over?

You can fight this if you want, but there's a 99% chance you'll lose. Citations such as that (which can also include "speeds excessive to conditions") basically come down to your word versus the officer's. Guess who's going to win that 99% of the time.

Your best bet, if you're eligible, is to see if Michigan has a "traffic school" option which would keep the ticket off of your license and insurance.

by **jorel** » Tue Apr 05, 2011 10:24 pm

Make sure you can afford to lose before you decide to fight the charge!

Generally Impeding traffic is a lower fine and fewer points than speeding! Fight and lose and the original charge can rear it's ugly head, with the full penalty!

You can fight on the grounds that you were not impeding traffic, and the court can respond by bringing the original charge back to the table

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