Fighting Ticket Received During Restricted License

[Indy Trucks]

What is the name of your state (only U.S. law)? Michigan

First off I'd like to say hello to everyone reading this and thanks in advance.

I've got a couple of questions, but first, the background:

I had my license restricted about 5 months ago for a period of only 6 months. This was due to a number of traffic violations including a 3 point ticket (which had been reduced from 6), being labled "at fault" for being the fourth car in a 5 car pile up (not happy about this at all), a no turn on red, and a 5 over in a residential 25 mph zone. I'm not happy about my record at all, to say the least.

A month ago, I had received a ticket for failing to completely stop at a stop sign. I was indeed driving home from college, which is allowed on my restricted license. My 2006 Cobalt has no abs brakes (just throwing that out there) and this particular stop sign is exiting off of a highway ramp. The intersection where the ramp ends and the bridge (running perpendicular to the ramp) is notorious for accidents during the winter time (and yes this happened a month ago, during the winter). attempting to fully stop at the stop sign, I noticed that my car was sliding. There couldn't be a worst situation because there was a cop posted right next to the ramp as well as a car traveling the same direction in which I desired (west, facing north this whole time). Deciding that not making a full stop was a better driving choice than attempting to fully stop and getting t-boned, I proceeded to turn and accelerate to avoid collision. Of course I get pulled over and issued a ticket.

Questions

1. The easiest way to defend a traffic ticket (besides not getting one) is to schedule a court date and immediately postpone it in chance that the cop does not show due to the inconvience of the new date. A: Is this true? B: What are the stipulations in which one may postpone a court date (in the state of Michigan).

2. When I do get to court, do I plead: A. Not guilty due to the road conditions? B: Guilty but request a larger fine but no points on record (will this affect getting back my license?) in return for taking defensive driving classes, community service, extended restricted license, etc.

3. Do I even mention that I have a restriced license or should I strictly argue the facts about the certain ticket?

Again, thanks in advance. I know everyone here must get loads of questions daily but please, I need help. Don't be afraid to be stern, as I'm sure the judge will be too.

 

[FlyingRon]

Road conditions won't be a mitigating factor. You are supposed to moderate your driving to adapt to the conditions. Guilty with excuses is still guilty.

They don't have to allow a continuance and be careful here, they will look particularly dimly on a second continuance so make sure you darn well can make the second court date. Most often your case will be continued for the officers next court day (they schedule them) so your dodge most likely won't work anyhow.

Nothing prohibits a judge from continuing the case if the officer isn't present either.

Deferral may be an option in Michigan (if you haven't had one before) if you take traffic school (which you can even do online in many cases). Your terrible driving record may screw that.

Unless the arresting officer/prosecution brings up the restricted license, I wouldn't. It certainly will not help your case.

You wan wheedle the judge for leniency but the fact you are a habitual traffic offender isn't going to do much to encourage that.

 

[Indy Trucks]

Road conditions won't be a mitigating factor. You are supposed to moderate your driving to adapt to the conditions. Guilty with excuses is still guilty.

They don't have to allow a continuance and be careful here, they will look particularly dimly on a second continuance so make sure you darn well can make the second court date. Most often your case will be continued for the officers next court day (they schedule them) so your dodge most likely won't work anyhow.

The main reason I want to schedule a second court date is because of the fact that it would most likely be outside of my restricted license period. So I guess my new question is if I am fully convicted but outside of my restricted license period, will I be put back on a restricted license or get my license fully suspended. I would think that the date of actual conviction in court is what they go by for date of violation. Is this correct?

I also still need to know the stipulations in post-poning a traffic ticket court date in Michigan.

Thanks for your response by the way.

 

[cyjeff]

The main reason I want to schedule a second court date is because of the fact that it would most likely be outside of my restricted license period.

That is NOT what you said.

You asked if you could use continuance as a dodge to try an avoid the officer's attendance.

What will matter is what your license was under at the time of the stop.

And you will need a better excuse than either of the ones presented for the continuance to be granted.

So I guess my new question is if I am fully convicted but outside of my restricted license period, will I be put back on a restricted license or get my license fully suspended. I would think that the date of actual conviction in court is what they go by for date of violation. Is this correct?

If I understand your question correctly, they will use the date of the infraction.

Suspension is certainly probable.

 

[FlyingRon]

I don't think it will make a difference. I'm fairly sure it goes by the incident date. Being out of the probationary period might make it look a little better to the judge it won't make any difference to the SOS when it comes to their actions on your license.

Good luck. You might seriously consider having a lawyer review this.

 

[Zigner]

And, just so you don't make a further fool of yourself. ABS wouldn't have helped you in this situation.

 

[Indy Trucks]

Thanks for the honest answers everyone.

So -Don't mention I don't have abs
-It's not going to matter if I reschedule after propationary period

Is there anything that I can do for better results?