Help representing self on speeding ticket

[rlc885]

What is the name of your state? Michigan

A few months ago I was traveling on a back road and got ticketed for speeding. The officer said I was going 74 in a 55 and was going to give me a "break" so he wrote me up for 65 in a 55.

At the time of the incident my automobile's instrument cluster (dash) was defective. I know it sounds like an excuse but it really was. A week later I had the whole dash replaced for $400.

I chose to represent myself in court since the incident occured over 2 hours away from my home, and I was unable to find an attorney in that area that I could consult with.

I chose an informal hearing with the magistrate.

When i arrived the officer showed up, pulled me out of the courtroom and indicated that he was upset that he had to show up and that he normally doesnt show up for a 10 mph ticket. He then told me that I can take the ticket as charged OR when we get into the courtroom he will immediately request dismissal of the charge and REWRITE the ticket for the original charge of 74 in a 55.

I did not know what to do, but made the choice to proceed with the hearing, hoping the magistrate would have some consideration with my defective equipment situation.

The officer requested dismissal and the magistrate waited til he rewrote the ticket.

Talk about screwed!!! Well i presented my case on the defective dash and have no idea what happened as of yet. The magistrate said she would mail me her decision.

At the end of the hearing before it was adjourned...I asked that a copy or a certified "field and engineering survey" for that roadway be provided. Neither the officer or her knew what I was talking about.

I read in a book recently that this survey HAS to be done in order for an officer to legally issue a ticket. It has to be certified and within 5 years.

I may have been way out of line by asking, but apparently it confused the magistrate that a decision was not made that day.

My question.....

If I lose the case, am I done or should I appeal and get an attorney. I spoke with some local attorneys in the area and they said it may be too late to seek council considering Ive already appearred.

Is the field survey necessary?

Any suggestions or recommendations on this matter?

RC

 

[racer72]

Hate to tell you this, but I have attended traffic court quite often and I have yet to see a citation dismissed for defective equipment. In order to have the ticket dismissed you must do one of two things. 1. Show proof that the violation did not happen. 2. Show an error in the citation procedure that warrants dismissal. You have done neither. And the field survey you requested will not help you with a speeding ticket. They are used to prove liability for accidents or equipment damage. That is why no one knew what you were talking about.

 

[rlc885]

oh great!
well... what is the chance I can appeal the decision and get an attorney?

Does the action of the officer to reissue a ticket provide any case, since the NEW ticket was not given at the time of the incident, or Im sure it probably doesnt matter.

The cops and the courts are greedy, there is no reason for a 55mph speed limit on a backroad. The original law was passed in 1976 to save fuel. Records indicate that most accidents are from "slow" drivers, or inattentive ones.

Im gettin takin to the cleaners... this sucks!

RC

 

[Bravo8]

Don't like the 55 mph limit? Try to change it. Don't use that as an excuse for your decision to speed.

I do find it a bit ridiculous to request a hearing after already being cut some slack.

Your faulty equipment argument holds no water. For starters, it's your responsibility to maintain your vehicle in proper working order. You most likely could have recieved a ticket for not having an operational speedometer.

Secondly, are you telling me that you can't tell the difference between 55 mph and 74 mph?

Stop crying.

 

[jzell]

defective dash equipment

rlc85
i was in the same situation. i took the receipt of repairs to court and it was thrown out.
my state = penssylvania