Hello everyone,

So i got a ticker today for speeding. On the ticket i had No ops on person which i already took to the police station and the waived it due to the fact i forgot my wallet at home. Next was a 55/50 i was actually traveling around 60-62 he said he radared me at 66 but when i asked to see radar he would not show me. He asked me if it was ok to search me and my vehicle, since i had no ops and he could impound my truck i said sure go ahead, so he searched it found some ciggaretes. so the ticket went like this.

speeding 55/50
No Ops (waivable)
MIP tabacco (warning)

The fine is only 120 so not to bad, what im asking is he told me that if i went to court then he would kick up the speed to the original speed so in court he would say i was doing 65/50. I was wondering if he could do this.....im sure you guys who have had one kno that if u go to court and the cop does not show then theres no fine. I was wanting to go and try to fight my points but still pay the fine. And i kno that i shouldnt of been speeding but it was around 11 this morning no traffic and i was late for the dentist. Any comments would be appreciated.

this might sound crude....sorry, no offense.....pay the ticket, learn the lesson, and quit smoking. Youre 17 years old, too young to die from a crash or screw your life up smoking.

If you go to court yes the officer or the court can ammend the ticket.... He cut you a break by only writing you 5 over...... If you go to court you can take the chance on the cop not showing up, but most likely he will. if not it doesnt sound like you have a good defense for your actions. Being late to the dentist wont fly with the judge..... My guess is that the officer has video and audio in the car so he will present that to the judge..

Yea thanks,

And i said i now what i did and im paying the ticket. and i kno he cut me a break.

I spoke with someone alittle bit ago and they said 5 over not on the expressway is no points?? anyone kno if this is true.

he mite not of even had a radra gun in his cruiser and thats y he wouldnt show you how fast you were going. same thing happened to me and i took it to the courts and one because he had no proof i was speeding and he didnt show me the radar when it happened.

I agree, pay the ticket. For $120 it's not worth the hassle. And trust me the cop WILL show up in court. I have shown up in court many times hoping(knowing I was guilty), but it never fails- I waist 2 hours of my life(court) and still pay the ticket.

I had the same happen to me a while back. I asked the officer if I could see the radar and he stated he DID NOT lock it in. He said I was doing 70 in a 55. I was not speeding. I am going to meet him in court soon and we will see who is right and who is wrong. I feel he must prove to the court I was speeding which he can not. On another note you really should quit smoking. Its bad for you no matter what age you are.

You'll easily spend over $120 in a month smoking, so pay the ticket and quit smoking and you'll be able to afford the insurance hike that is in your near future!!!!

I think that 5 mph over on the expressway (limited access) is no points. Better check with LAWDOG!!!

as far as Sec of State is concerned, yes. but your insurance company still can charge you for them (if they find out)

if snowmobiles are anything like cars,the policeman is 51% and you are 49%,meaning you have to prove without a doubt you were not speeding not just hearsay,or had didn't have this or that,maybe a witness that you were not speeding would help but police always have the benifit of doubt with judges

I dont know how Mich is compared to MN but the officer does not have to show you anything on the radar, I never lock mine in. My report is enough to convince the Judge that the offender was speeding. The officer will most likely show up so I would not plan on that and if you are not fighting the ticket there will be nothing to gain but waisting the courts and the officers time. They both have better things to do than argue a speeding ticket for 5 over especially when you plan on paying the fine

In Michigan the officer does not have to show you the radar. Pay the ticket you got a hell of a break.

Never let a cop threaten you into a search or anything - you got a speeding ticket, had nothing to do with a need to search you vehicle! Yeah most of the time they will not show you the radar gun because then didn't use it, they use there old I know how fast you were going and it wasn't the speed limit detector. The sad fact is a judge believes a cop every time when only say 50% or less tell the truth in court, got to love freedom huh. Cops are just people and just as trust worthy as the rest of us all are.
Good idea to quit smoking though, just robs your endurance on the trails!
As NWA said it best Fuck The Police - something better to do yeah right!

As I tell my wife keep speeding and when you get pulled over then see how late we are going to be.

So what time did you get to the dentist?

Aspire made a good point: never consent to a search when an officer asks you if he can search you or your car. The only reason he's asking for your consent is becuase he doesn't have probable cause to search you in the first place. If an officer has a legitimate reason to search you, he will do so without asking your permission. The Fourth Amendment protects us from unreasonable searches and seizures, so there is no reason to consent to a search that is not supported by probable cause, whether you're hiding something or not.

As for the no points, I believe it's for 5 over on a highway, but your insurance will still go up.

If you go to court and have a clean driving record, you might be able to plead down to an impeding traffic, which is no points and won't raise your insurance.

I agree with everyone else that you should quit smoking.

What everyone here forgets about not allowing the officer to search is that he didnt have his license on him, and the cop easily could hold that vehicle until a valid ID was shown. I dont think he would actually have held the car unless he had a reason to believe you were lying to him, or that a crime was committed that involved your vehicle. If you have nothing to hide, and dont have a license on you, then you need to cooperate in any way that you can for your own conveinence. The reason he wanted to search your vehicle is becuase most people who have somthing they need to hide (like drugs, weapons, warrants against them, etc...) will tell the officer they dont have their licens on them, and give them a fake name. If he doesnt have your actual name, and you have somthing illegal in your possession, he now has ALOT more headaches and paperwork to do because of it. He honestly wasnt looking for more reasons to ticket you, but rather a way to believe you that our license not being on you was just a simple mistake, and not you trying to hide your real identity from him.

Also, the cop didnt show you the radar gun because of safety issues. They dont want you in the roadway looking into the car to see how fast you were going. You were on a highway. The officer should make every attempt to keep you in your vehicle for YOUR safety. In Wisconsin, when they set up speed traps, the officer using the radar is in a different car than the officer that pulled you over. You would have to drive back to where they are shooting the radar to see it, and they have unquestionably started radaring others by that point.

Also, you CAN be charged with your actual speed (and should be) if you go to court. He is giving you a HUGE break by writing the ticket for 5 over when you were doing 15 over, and also giving you TWO other breaks by warning you instead of citing you for two other laws you broke. If you're going to show appreciatiopn for the three breaks you received by going to court and fighting, then you SHOULD be charged with what you were really doing. You might think the cop's a dick, but he's doing his JOB, and you broke the law.

Long sotry short, you got three break (2 warnings, and a reduced ticket.) Most judges arent going to give you any more breaks. You may not like the cop that ticketed you, but I would take a guy like him pulling me over ANY DAY. He was fair and leinent towards you. That should be worth just paying this ticket, and moving on in life. Stay out of court on this ticket at all cost IMO, and that's for YOUR own best interest.

Here's the best info your going to get on points. It's straight from the 42nd District Court (Romeo) website.

http://macombcountymi.gov/district_court/traffic.htm.

Speeding Limited access (Expressway)
1 - 5 over $90 0
6 - 10 over $100 1

If you fight it, I know that they can very well reinstate the original numbers and then you're possibly looking at 2 or 3 points. You might as well pay the fines and be done with it.

Good thing i read down on the posts ...lol I was typing the exact same info.......

Until the officer can verify who you are, he can hold you, even take you to the jail for positive identification. Some depts policy REQUIRES them to place you in cuffs and put you in the back of the squad... Bigger Cities have a larger problem than rural areas.....

I have been pulled over way to many times. Not so much anymore but back when I was your age I drove too fast and had multiple cop magnet cars. I have been through traffic court many, many times. When people ask me what to do about their ticket I say "always go to court". Even if you have to take the day off of work, or miss school you should go.

Since you are young I would have your mom go with you as well. It may sound stupid but do it. The first time I got stopped was for 20mph over the limit and it was on a surface street. Went to court with my mom by my side, told my half of the story (not much to say, just going to fast) and then the judge asked my mom what she thought. She was honest, said I was pulled over justly and was driving too fast. She said I was a good kid and that she never had problems w/ me. The judge took the ticket under advisement for 1yr and it never ended up on my record. Had to pay the court costs and that was it. If I didn't go to court I would have had to pay the fine and my insurance would have skyrocketed for then next 3 years.

Honestly, I have been in traffic court many, many (many, many...) times and have only had one ticket stick after appearing in court. That was for rear ending somebody so not much I could do about that. The one time I got a speeding ticket and didn't go to court (wrote a letter instead) I ended up paying the fine and getting the points.

Most times the court will make you pay the fine (they want the money) but they will drop the ticket (no points). In traffic court you can plead Guilty, not guilty or guilty with explaination. The exact words may differ from court to court but that's the idea. Plead guilty with explaination and then explain what happened. If you were running late say something like " I was running late and lost track of my speed" or something along those lines. Hopefully your driving record is relatively clean and you can say that you don't normally drive that fast and just made a mistake. Be honest but also do a little apologizing/butt kissing as well.


Now, when you go to court have a little respect for the occaison. You don't want to show up in a 3 piece suit carrying a briefcase or anything, but a pair of dress pants and a shirt and tie is nice. Clean, wrinkle free dress clothes are a must along with combing your hair and shaving. Have a game plan before you get there, know what you are going to say and run through it in your head a few times. Pay attention to those who go infront of the judge before you. Figure out the procedure and also pay attention to how the judge reacts to peoples explainations. If you have some documents with you that you wish to show to the judge, don't have them wadded up in your pocket. Put them in a folder and have them organized so you don't have to rummage through them to find what you need. Be respectful to the officer and the judge, make eye contact when speaking to them and also when they are speaking to you. Try not to get too nervous, it can be nerve racking to be in court but remember that you aren't on trial for murder, it's just traffic court.

Follow that method and hopefully you will have the same results that I have had.

(man this reply got long in a hurry!!!)

while you may get no points on your driving record - you just picked up two points on your insurance record and get ready for your rates to increase.... the points will remain there for two years from the date you pay the ticket ( just a little reminder not to speed ) - and quit smoking, your too young

That's all great but have your seen what the cost of court fines are? You could end up paying more in fines and court cost than just paying the fine and moving on

i got jacked at 10 & 75 for a cracked windshield.Dude yanked Sarah & I over,asked for my D.L.,which I didnt have,
of course i got the bracelets.
He wanted to search the van,i said no,he called the dog,it walked around the van,went nuts,now it looks like terrorist activity on the side of 75,all the cop cars and shit.
Dude searches the van,finds my pipe and my weeds.
Sarah gets the braclets now.
im in the car,she is out on the hood of the car,like a hood ornament.

Sarah forgot her glasses,which is on her D.L.,that she has to have them.
So now she cant drive.
They took the van,leaving us to walk...........with our bags and stuff

broken windshield....no ops on person...and possession of pot.
$125.00 to get the van back,2 days later.
6 months probation,$750.00 fines and shit,and piss tests for 6 months,once a month.

DO YOU FEEL BETTER NOW??
pay the fines and be done with it.

you are young, you are viewed as guilty until proven innocent, NEVER consent to a seach by a polie officer

I was only asked to pay court fines one time and that was when they took the ticket under advisement. They didn't make me pay the ticket but I did have to pay the court cost, which was about 80.00. That was in Sterling Hts in 1996 or so, I am sure that they have gone up since.

Also, when you figure in the cost of your insurance increase per month due to the points, and then multiply that by three years you are looking at some cash spent their too. Especially since this guy is a 17yr old male. I would venture to say that the insurance company is already sticking it to him (or his parents) and would love to jack it up a bit more.

Did you read his situation before you offered this wonderful advice????

The cop wanted to search the car, that's why he asked in the first place. If SkidooJunkie would have said "No" the cop would have said "Put your hands behind your back since you are operating a vehicle w/out a liscense. Now that you are being detained (and possibly arrested) I will be searching your car."

SkidooJunkie didn't have anything to hide and did the best thing he could have by letting the cop take a look in the car. I have found (as have many others) that if you are polite to the cops and do whatever you can to make their job easier than they are going to be nicer to you. Act like a tough guy punk and they will treat you like one. Ask LawDog or any other law enforcement officer and they will likely tell you the same.

It is my understanding that most courts are doing away with "under advisement".

Here's a link to the 83rd district court in Roscommon. They make their statement large and bold that no tickets will be taken under advisement no matter the circumstance. There are several other michigan courts that have similar statements on their websites.

http://www.roscommoncounty.net/District%20...t/_sgg/m2_1.htm

You'll have to check with the court that you have to send your ticket to. They might have the information about under advisement right on their fine schedule for tickets. It may be worth a call to find out. If you have a very clean driving record and they allow tickets to be taken under advisement then you might want to try. Otherwise, just pay up and move on.

As for insurance going up, you may be able to slide by as long as they don't rerun your record. If you don't buy a different vehicle in the next couple of years they may never know. Some insurance companies don't rerun records unless you make a change and others rerun the driving records upon renewal. State Farm usually only runs one upon a change in policy.

The MI Supreme Court took "under advisement" away from District Court's discretion about 2 years ago.

Sucks.. but I'd pay the fine and call it a lesson learned....

My .02 on the search is that the cop did everything right. No operating lic is probable cause.

That is correct. The example that I was talking about was from back in 96 or 97 and I have been told that they don't do that anymore. Actually heard a magistrate tell somebody that after he asked about it while in traffic court.

It was actually a great system for young kids. You give them (and their parents) a break on the insurance points but the court still gets the payment. Then, if the kids are like me, they actually try to drive smart for the next year while the ticket is still "under advisement" because they know that if they get stopped they will get the new ticket and the old ticket as well as an ass beatin from their parents for being a dumbass.


Anyways, yes they no longer do the "under advisement" but I would still not hesitate to advice someone to go to court. There is a good chance of avoiding the points and subsquent insurance issues.