Impedeing traffic?

What is the name of your state? Michigan
I was stopped by a cop for speeding. He told me that due to my perfect driving record, he would write it as "impeding" so that I wouldn't get points and my insurance wouldn't be raised. Is it worth my time to fight this in court so I don't have to pay the $140 fine?

mombo said:

What is the name of your state? Michigan
I was stopped by a cop for speeding. He told me that due to my perfect driving record, he would write it as "impeding" so that I wouldn't get points and my insurance wouldn't be raised. Is it worth my time to fight this in court so I don't have to pay the $140 fine?

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Impeding traffic may be an offense with fewer points (which you definitely want). Talk to the prosecutor.









Standard answer

Here are some hints on appearing in court:

Dress professionally in clean clothes.

Do not wear message shirts.

Don't chew gum, smoke, or eat. (Smokers...pot or tobacco...literally stink. Remember that before you head for court.)

Bathe and wash your hair.

Do not bring small children or your friends.

Go to court beforehand some day before you actually have to go to watch how things go.

Speak politely and deferentially. If you argue or dispute something, do it professionally and without emotion.

Ask the court clerk who you talk to about a diversion (meaning you want to plead to a different, lesser charge), if applicable in your situation. Ask about traffic school and that the ticket not go on your record, if applicable. Ask also about getting a hardship driving permit, if applicable. Ask about drug court, if applicable.

From marbol:

“Judge...

You forgot the one thing that I've seen that seems to frizz up most judges these days:

If you have a cell phone, make DAMN SURE that it doesn't make ANY noise in the courtroom. This means when you are talking to the judge AND when you are simply sitting in the court room.

If you have a ‘vibrate’ position on your cell phone, MAKE sure the judge DOESN'T EVEN HEAR IT VIBRATE!

Turn it off or put it in silent mode where it flashes a LED if it rings. AND DON'T even DREAM about answering it if it rings.”

(Better yet, don’t carry your cell phone into the courtroom.)”


Here are six stories that criminal court judges hear the most (and I suggest you do not use them or variations of them):

1. I’ve been saved! (This is not religion specific; folks from all kinds of religious backgrounds use this one.)

2. My girlfriend/mother/sister/daughter/wife/ex-wife/niece/grandma/grand-daughter is pregnant/sick/dying/dead/crippled/crazy and needs my help.

3. I’ve got a job/military posting in [name a place five hundred miles away].

4. This is the first time I ever did this. (This conflicts with number 5 below, but that hasn’t stopped some defendants from using both.)

5. You’ve got the wrong guy. (A variation of this one is the phantom defendant story: “It wasn’t me driving, it was a hitchhiker I picked up. He wrecked the car, drug me behind the wheel then took off.” Or, another variation: “I was forced into it by a bad guy!”)

6. I was influenced by a bad crowd.

https://forum.freeadvice.com/showthread.php?p=854687#post854687

Public defender’s advice

http://newyork.craigslist.org/about/best/sfo/70300494.html


Other people may give you other advice; stand by.

mombo said:

What is the name of your state? Michigan
I was stopped by a cop for speeding. He told me that due to my perfect driving record, he would write it as "impeding" so that I wouldn't get points and my insurance wouldn't be raised. Is it worth my time to fight this in court so I don't have to pay the $140 fine?

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There may or may not be a prosecutor in MI district courts and i'm not sure if they offer pbj so you may want to attend court at an earlier date and see what happens... I certainly would go to court, if the LEO shows up -- plead guilty, act real humble and regretful, explain you thought you were driving safe and just didn't know the law etc. then ask for probation before judgement or reduction... you may be able to save your record...

Originally Posted by mombo
What is the name of your state? Michigan
I was stopped by a cop for speeding. He told me that due to my perfect driving record, he would write it as "impeding" so that I wouldn't get points and my insurance wouldn't be raised. Is it worth my time to fight this in court so I don't have to pay the $140 fine?

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It sounds like the Law Enforcement Officer (LEO) cut you a 'huge' break. It appears the fines vary by District Court in Michigan, however there are NO POINTS for the infraction - Impeding Traffic.

Michigan
OTHER VIOLATIONS__FINE_______POINTS
Impeding Traffic_____140.00_____0

While everyone is entitled to their day in court what's the story you plan to tell to the judge?

"Your honor, I was speeding, but the officer cited me for impeding traffic instead. I don't want to pay the fine so could you dismiss the case?"

Or,

"Your honor, I was not impeding traffic but that's what the officer cited me for. . ."

And at that point the Judge will turn to the LEO and ask, "What was the real reason you stopped the respondent?"

And the LEO will answer, "Speeding; 71 in a 55 mph zone your honor (or whatever speed he clocked you at)." The LEO will continue, "Your honor, I was trying to cut him a break since he had a clean driving record so he wouldn't have points."

And the judge will ask you, "Would you rather have points on your record?"

This is the fine schedule for speeding in Michigan's 36th District Court (Detroit):
FINE SCHEDULE FOR TRAFFIC VIOLATIONS
GENERAL
SPEEDING___FINE____POINTS
1-10 mph____105.00____2
11-15_______115.00____3
16-25_______150.00____4
26-35_______200.00____4
36+________ 240.00____4

Normally it's good to go to court and manage the damage in order to mitigate the points on your record and possible higher insurance costs that result from a speeding ticket. In this case it looks like the LEO was trying to help you. It's probably bettter to show your gratitude by paying the fine.

KTL

Curt581 said:

Reason Number 47 why I will never, EVER reduce the MPH on a citation or issue one for a lesser offense at the time of the stop.

I'm writing what I see.

Want a reduction? Go to court.

Want to pay an attorney and go to trial? Knock yourself out.

Personally, I don't care whether you win or lose. Either way, I get paid for being there.

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The charge may have been bogus to start with, thus the quick "try to get another charge going" rountine out of the LEO. a common con artuist tactic - the lesser of two threats method 101. Coulda been the LEO wasn't proffesional enough to follow the IACP/NHSTA/DOT established protocols for target speed enforcement and just wanted some easy citation for the 'ol quota... you never know the blue code works in mysterious ways without much in the way of public oversight.

but...

KTL- very logical answer, thank you. But what if I have some good excuses? Such as:
a. I was unfamiliar with the area
b. The speed limit signs there change every mile or so- from 45 to 50. When the cop stopped me, I was going 57. Can't I say that I missed the "45" sign, and thought I was in the "50" zone?
I know the cop was giving me a break by writing is as impeding, but I'm not exactly thrilled about paying the fine either.

Originally posted by mombo
KTL- very logical answer, thank you. But what if I have some good excuses? Such as:
a. I was unfamiliar with the area
b. The speed limit signs there change every mile or so- from 45 to 50. When the cop stopped me, I was going 57. Can't I say that I missed the "45" sign, and thought I was in the "50" zone?
I know the cop was giving me a break by writing is as impeding, but I'm not exactly thrilled about paying the fine either.

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OP - Trust me, the judge has heard all the excuses. Excuses generally don't work in court. I'll help you dissect each one.

a. I was unfamiliar with the area

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So what? It's you responsibility as a licensed driver to pay attention.

b. The speed limit signs there change every mile or so- from 45 to 50.

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It's your responsibility to operate your vehicle at or below the limit from the sign forward. When it's 50 you may go 50 and when it's 45 you may go 45.

When the cop stopped me, I was going 57. Can't I say that I missed the "45" sign, and thought I was in the "50" zone?

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You just admitted to speeding. . . Whether in a 50 mph zone or a 45 mph zone there is no way around the fact that you were still speeding at 57 mph.

And, because the LEO has the notes to back that fact up, VASCAR, RADAR, LIDAR, or he paced you he knows and you know you were speeding.

It is extremely unlikely, in your circumstance that the judge would dismiss the ticket unless all the stars would align on your court date. And, a dismissed case is your only hope of no fine. When the judge learns the LEO already gave you a break, I don’t think the judge will be too happy you took this one to court.

Since a dismissed case is extremely unlikely, the smart money says take the deal the LEO gave you -- no points -- pay the fine and move on. And, don't be mad at the LEO. He wasn't the one who was traveling 57 in a 45 zone. Be mad at mombo.

Years ago I was young and inexperienced in these matters. I took the ticket to court naively thinking I could get the ticket dismissed. Before the hearing the judge suggested I go out in the hall and work out something with the LEO. The LEO told me he would reduce the speed to 5 mph over the limit so I wouldn’t get any points. I said no, I would rather not have the speeding conviction on my record. So, we went into the court room and the judge held the hearing. He found me guilty of speeding and I ended up with a larger fine (than if I would have taken the LEO's deal) and 3 points on my record. Boy did I feel stupid! I learned real fast I should have taken the NO POINTs deal! I'm sure they had a good chuckle over that hearing after I paid the fine and left. aut disce aut discede

KTL

mombo said:

KTL- very logical answer, thank you. But what if I have some good excuses? Such as:
a. I was unfamiliar with the area
b. The speed limit signs there change every mile or so- from 45 to 50. When the cop stopped me, I was going 57. Can't I say that I missed the "45" sign, and thought I was in the "50" zone?
I know the cop was giving me a break by writing is as impeding, but I'm not exactly thrilled about paying the fine either.

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If you are not getting any points and taking the huge insurance hit... it is probably prudent to pay the fine, excuses will not work, If you don't feel like attacking the evidence, i think the only thing you could ask for is probation before judgement

Originally posted by cepe10
[..] If you don't feel like attacking the evidence, i think the only thing you could ask for is probation before judgement

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It does not appear Michigan has the PBJ option. . . See Michigan Traffic Laws

KTL