Pulled over for 'disregarding steady yellow signal' in Michigan. What are my options?
#1
I still can't believe it. I was driving to class this morning at 8:30am, traffic was pretty light. At the intersection ahead, the light turned yellow, but I was able to make it underneath before it turned red. This was without speeding up to make it. I drive through this light every day, and I noticed it's the instantaneous change type. That is to say, when one light turns red, the opposite light immediately changes to green. There is no delay like most traffic lights have
anyway I got pulled over a mile down the road, the cop was nice enough and all, but he gave me a ticket for 'disregarding steady yellow signal'. Here in Michigan the law is to stop by the first cross walk if you see a yellow signal. If you cannot make the stop safely,you may pass through the intersection cautiously. The speed limit was 35, I was doing oh, 43. I actually didn't see the light until I was 25 ft from it since I was tuning in the radio.
I have the option of an informal (just me, cop and judge) or a formal (both sides have attorneys) hearing. I've never dealt with an attorney before. I have 10 days to submit my responsibility claim. What should I do? I'm totally willing to take measurements of the intersection and figure out exactly where I'd have to be to stop 'safely', maybe I can impress the judge by this?
anyway I got pulled over a mile down the road, the cop was nice enough and all, but he gave me a ticket for 'disregarding steady yellow signal'. Here in Michigan the law is to stop by the first cross walk if you see a yellow signal. If you cannot make the stop safely,you may pass through the intersection cautiously. The speed limit was 35, I was doing oh, 43. I actually didn't see the light until I was 25 ft from it since I was tuning in the radio.
I have the option of an informal (just me, cop and judge) or a formal (both sides have attorneys) hearing. I've never dealt with an attorney before. I have 10 days to submit my responsibility claim. What should I do? I'm totally willing to take measurements of the intersection and figure out exactly where I'd have to be to stop 'safely', maybe I can impress the judge by this?
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#2
Legal Advice
1st- I am a licensed atty:
Now then: always ask for a full hearing and jury trial whenever possible. The state hates to waste its time and resources on BS like this.
Try and plea bargain after you ask for the full hearing. Tell them that you will pay the fine but will plead guilty to a non-moving violation (like improper equipment). If that doesn;t work, go to the hearing and see if the cop shows up. If he does, you can argue your case or plead no-contest... That's it in a nutshell. Good luck..
Now then: always ask for a full hearing and jury trial whenever possible. The state hates to waste its time and resources on BS like this.
Try and plea bargain after you ask for the full hearing. Tell them that you will pay the fine but will plead guilty to a non-moving violation (like improper equipment). If that doesn;t work, go to the hearing and see if the cop shows up. If he does, you can argue your case or plead no-contest... That's it in a nutshell. Good luck..
#3
Re: Legal Advice
I have a question.. since we have a atty in the house.. if i was in the same situation.. would i be able to get away with it if lets say it was snowing? or icy? could i argue that slowing down would cause me to loose control of the car and it was better judgement to keep going? or does the judge slap me with Travelling too fast for conditions?
I have always wondered this...
I have always wondered this...
Originally posted by kratz74
1st- I am a licensed atty:
Now then: always ask for a full hearing and jury trial whenever possible. The state hates to waste its time and resources on BS like this.
Try and plea bargain after you ask for the full hearing. Tell them that you will pay the fine but will plead guilty to a non-moving violation (like improper equipment). If that doesn;t work, go to the hearing and see if the cop shows up. If he does, you can argue your case or plead no-contest... That's it in a nutshell. Good luck..
1st- I am a licensed atty:
Now then: always ask for a full hearing and jury trial whenever possible. The state hates to waste its time and resources on BS like this.
Try and plea bargain after you ask for the full hearing. Tell them that you will pay the fine but will plead guilty to a non-moving violation (like improper equipment). If that doesn;t work, go to the hearing and see if the cop shows up. If he does, you can argue your case or plead no-contest... That's it in a nutshell. Good luck..
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