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  #1  
Old 03-07-2005, 02:57 PM
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Join Date: Mar 2005
Posts: 19

Following too close - Tailgating


What is the name of your state? Michigan

After reading previous posts, I've found that it's nearly impossible to fight a DWLS ticket. Police officials reserve the right to run plates at any time, if anything using the Patriot Act as a reason. So my question is this:
Can an officer of the law legally tailgate someone to provoke a reason to stop them?

I was driving 40mph in a 40mph zone. I noticed a vehicle behind me (10pm at night with wet driving conditions), I didn't really take notice of the vehicle until the headlights disappeared. that's when I noticed the light bar on top of the vehicle. Previously his headlights prevented me from seeing said bar. I maintained my speed, the patrol vehicle slowed, then proceeded to accelerate towards my vehicle unitl his lights could no longer be seen again. Once the officer backed off my vehicle for a second time, I checked my mirrors to see about changing lanes (I did not want to be obstructing this officer of his duties if he needed to ge by me.). When I began checking my mirrors, the officer pulled up next to my vehicle. Upon reaching the next intersection I needed to make a left hand turn. I signaled and changed lanes appropriately. The officer followed. After I had completed my left hand turn I was detained for DWLS. I know that I have no grounds to fight the DWLS based on all the information given in these forums. I also know that the only thing I did wrong was failure to pay off previous tickets (Was heading home from work so that I could afford to pay off said previous tickets.). My court date is 3 day away and I'm prepared to take full accountability for driving to work in order to keep my job in order to pay off my previous violations.

Simply asked, are there a seperate set of rules for officers of the law in Michigan when it comes to following too close or "Tailgating"?
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Old 03-07-2005, 07:34 PM
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Why not? LEO's are exempt from the traffic laws in performance of their duties. He could have for example needed to get close to read you plate.
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Old 03-08-2005, 03:08 PM
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So does that mean if I downshift into second gear due to a red light and the officer hits my car, I'm at fault because he was following too closely?
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  #4  
Old 03-08-2005, 05:37 PM
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Join Date: Dec 2004
Posts: 179

Well


DWLS is illegal. And the popular application of traffic law by the legal system doesn't take circumstances or judges discresion in to consideration any more after the instutution of the idiotic mandatory sentencing laws. It used to in be the old days. About as far as courts will go on fines is to arrange installment payments based on what you say do you can do.

As far as your experience goes, if the road conditions were as you described, it was very poor judgement on the part of the officer for pulling that close you. The officer should have followed you until the situation arose where is was safe to get close enough to run your plate. And you likely correct, if an emergency stop took place and the officer wrecked you, he/she would likely not be held accountable.

However, if the officer was pulling up an pulling back, it sounds more like to me that he'd ran your plate and was giving you the 'ole "I"m on to you buddy". So, I don't blame you for feeling like a provocation was happening.

Good Luck.
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