Has anyone ever heard of this one?

[riderj]

Michigan

Okay, I’m going to try to be as in depth as possible while still trying to keep it short (we all hate reading pages of ramble).

My girlfriend and I were returning from Meijer (a 24 hour supermarket) at approximately 1:00 AM on 8/4/2003. It had been raining all day and was still raining at the time. It was a dark night and visibility wasn’t the greatest, even in well lit areas (because of wet roads and glare). I came to a flashing red stop light at a one way road (Michigan Ave) where a sign indicated a right turn symbol next to the hanging traffic light. I was aware that the highway was right turn only because I was fully aware it was a one way road (West Michigan Ave). Straight through the light would take you to the East Michigan Ave. I proceeded to go straight through the light and make a left onto East Michigan Ave. I was pulled over shortly after I made the left.

The officer asked for my information and asked if I knew why he pulled me over. I stated “No”- because I didn’t. He proceeded to tell me that from where I made my left onto East Michigan Ave was a one way; it was actually for easterly traffic on East Michigan Ave to make a left onto West Michigan Ave. He said that it clearly shows “Do Not Enter” into the turnaround. At that point I thought that I may have missed the sign, and I very well could have made a mistake. He then asked me where I was headed, and I told him home (home being the apartment I’m staying at for the moment). He saw that my license indicated a different city far from the city we are in and said, “So you obviously aren’t living in Rose City right now”. I stated no, I’m not. He asked how long I had been living here, I told him since April (I know this all seems irreverent, but I’ll get to the point in a second). He asked me current address and wrote it down as he returned to his vehicle. He returned to the car to tell me that he had written me a citation for disregarding a traffic control device (that I was willing to live with at the time), but then continued to tell me that he had also written me for failing to change my address on my license. I started laughing and asked if he was kidding me, he obviously said no (of course, I’ve never met a police officer with much of a sense of humor; at least on standing next to my window ). I immediately told him that my permanent address was still the one on my license and that I was only living here for the summer as I was working and would return back to college in the fall. He just pointed me to the ticket and the number to contact if I’d like to dispute it.

I drove away thinking how ridiculous that was, but thought I better go check out that intersection anyway. I pulled up to the flashing light again and could not see any markings on the road because of how wet the road was, and you all know it is impossible to see directional arrows on the road when it is wet, especially at night. The “Do Not Enter” sign he was talking about was facing drivers coming from the east on West Michigan Ave. I could not read the sign from where I was parked at the intersection; it was pointing 90 degrees to the left.

So here’s my beef. First of all, the damn no change of address citation. Anyone with financial aid knows that your permanent address must be that of your parent’s (whom financial aid is based on) permanent address. If I were to change my address (and let’s not forget, in all cases, my parent’s address is still technically my permanent address), I’d then lose my financially aid, I wouldn’t be covered on my mother’s insurance policy anymore, and a couple other things not worth mentioning that are effected by my address; Financial Aid and college being the biggest. I began to wonder if they expect every student heading to school with a drivers license to temporally change their address to the dorm or apartment they might be living in, and then 3 months later change it back for the month they are home for Christmas, then again change to their dorm/apt once again for the second semester, then one more time change it when they return home (or in my case to a summer job) for the summer? I really doubt they do. So why is my situation any different? It’s not, it’s exactly the same. The question I have is, do you think the judge will hear me out and also realize how ridiculous this sounds and smack the officer for even wasting time writing the citation? (Okay, I know that is asking for a lot, but do you think he/she will at least throw the ticket away with little thought?)

My next question is about the disregarding of the traffic control device where he clearly states there is a “Do Not Enter” sign. The sign is unreadable even during the day from where my standpoint was. I’ve printed out weather reports clearly showing the amount of rain that had been accumulated that day; also showing the weather at the exact time of the ticket- thunderstorm (this evidence for the directional markers on the road not being visible). I’ve also got financially aid papers clearly stating that if my address is not that of my parents (because I am above 18 [21] and they still claim me as a dependent; they can because of college) that my aid will be compromised. I’m going tomorrow to take pictures of the intersection and the sign the officer was referring to. I guess my question is for both, do I have a chance of getting them both thrown out without much hassle?

P.S. I’m sorry, I tried to keep it short .

Go to District court and you should get the address change ticket thrown out. You should not have to worry about the address change as that is your perm address.

Second take pictures of the sign from your angle as your defense and you should be able to at least get the ticket reduced if not thrown out. .

[riderj]

Beautiful, anyone else?

[HomeGuru]

I agree with the first responder.

so I would fight it in court. Judges give the benefit of the doubt if you actually defend yourself. But don't get pissed or he won't like you. Good luck.

[abezon]

In law, there's your residence and your domicile. You have only 1 residence at a time. For you, that's your parents' house. Your domicile is wherever you are living at the time. For example, at college, your domicile is your dorm room. When you're doing a summer internship, it's wherever you're living for 3-4 months. However, if the move is temporary, you have not changed *residence* and should not have to change your license.

Don't bother complaining about the weather. It's no excuse; it's a mitigating factor.

Take nice clear daylight pictures of the intersection from the angle you approached. Show that the sign cannot be seen from the street you were on. Then show the judge a picture from 90 degree that shows the sign is facing those drivers. Then say that the officer obviously knew there was a sign, but must have made a mistake regarding which ways it faced.

Follow the instructions on the ticket to contest it. You might be able to request an accelerated court date, since I assume you'll be going back to school soon. Follow the directions on the ticket to get a copy of the officer's report. (This is called discovery.) BTW, wear slacks, dress shoes, a long sleeve dress shirt & a tie to court. And get a haircut. Looks matter in traffic court.

[riderj]

Wow, thanks for all the great info and a bunch of good advice. The only thing is, my hair is pretty short right now, should I shave it bald?

Please post or email the outcome of your case. I have nothing offer. You seem to have the advise you need, and good luck.

Let me just add that based on my observations, if more people would give the kind of detail you provided when asking for help, the easier it would be for the resident experts here to give advice without having to extract pertinent information piece by piece from the "poster".

Don't shave your head. Wouldn't want to be confused with Lex from Smallville, then you'd surely lose your case.

[abezon]

But do wear a coat & tie. Not a clip-on! The more you look like a solid citizen, the more the judge identifies with you & cuts you a break. Don't attack the cop's attitude or credibility; just show that he made an honest mistake.

[Jeter]

Also, don't wear a nose ring, spike your hair purple or sport a tattoo of two portugese lesbians on the back of your neck. That hurts a professional appearance.

[abezon]

Would British lesbians be OK?

[JETX]

Okay, a dissenting voice....

In my opinion, BOTH tickets are likely valid.
1) Change of address:
You claim that your different address is due to school, financial aid and insurance. However, your post says "He asked how long I had been living here, I told him since April". What school starts their classes in APRIL??
Clearly, you were NOT living at that location due to school! You were living there for some other reason.
Some questions:
- Is the address on your license a dorm or other college housing?
- Is it a 'school lease' where you live during the school year and return to your 'home' each summer?
- Does your girlfriend also live at that address?
- Who else lives at that address?
- And finally, WHAT college or university do you attend in Rose City, Michigan?? The closest I could see is 'Kirtland Community College' which is 30 miles away!! Delta and Saginaw Valley are 65 miles away!!

2) Disregarding traffic control device:
You have lived in the area since April (7 months!). You have very likely driven that same route many times (after all, your post says it is from a '24 hours market' to your home, correct?). I am sure that it was not 1:00am and raining EVERY time you have driven that route. So, you were, or certainly should have been, familiar with the traffic requirements and that what you did was not allowed. You probably just figured, 'what the heck, its the fastest way to get there and who will see me at 1:00am in the rain'??

So, take your two tickets down to the courthouse and tell your 'story' to the court. After all, that IS your right.

[lwpat]

I heard it was going to be a scavenger hunt with the winner being the first one to collect six Confederate flags.

The prize is a flat of kudzu.