What is the name of your state?What is the name of your state? Michigan
My 21 year old daughter received a ticket for violation of Michigan vehicle code 257.653a - Stationary emergency vehicle giving visual signal; duty of approaching vehicle to exhibit due care and caution.
She was on a 2-lane road, with a 55 mph speed limit. Upon approaching two police cars, with a third vehicle, pulled over on the side of the road, (the first with its emergency lights on) she slowed down to 41 mph, per the police officer. In addition she pulled slightly to the left, across the center line, since there was no oncoming traffic. Note that no one was outside of any of the vehicles on the side of the road, it was daylight, and the road condition was dry.
About 1/2 to 3/4 of a mile down the road, she was pulled over by the second police car, and cited for "not slowing down enough." She was told that the local judge thinks 20 mph is slow enough, and that it is now her responsibility to tell all her friends about the new law. Well the relevant paragraph of the code states: (b) On any public roadway that does not have at least 2 adjacent lanes proceeding in the same direction as the stationary authorized emergency vehicle, or if the movement by the driver of the vehicle into an adjacent lane or 2 vehicle widths apart is not possible as described in subdivision (a), the approaching vehicle shall reduced and maintain a safe speed for whether, road conditions, and the vehicular or pedestrian traffic and shall proceed with due care and caution, or as directed by police officer.
By the way, the police car had to pass two other vehicles that had also gone by the original traffic stop, and more than likely did not slow down any more than my daughter. It could be that my daughter was selected because she has a sorority bumper sticker on her vehicle? While my daughter was pulled over 12 of 13 vehicles that passed did not slow down at all. Also, is it just a coincidence that the first police car pulled in behind the police car giving my daughter a ticket, did nothing for a minute or so, and then pulled away, maybe to give a similar ticket to someone else? Is it possible, that these police officers are using the new law to set up an unposted speed trap?
As with any moving violation it is not the fine (up to $500), but the effect on your insurance rates, that really hurts. As a four car family this could cost $1500 or more per year, for at least three years. And complicating this further is the possibility of up to 90 days in jail for this misdemeanor. The police officer stated that this is a $225 fine and 4 points, but it could be knocked down to $95 and 2 points.
My daughter has a perfect driving record, and any reasonable person would agree that she exercised appropriate caution for the situation. On principle, she has to fight the ticket. The question is, how? Should she hire a lawyer? How do you go against a judge that thinks he can add the speed limit into a law, were none exist? In addition this is in the town that has a known bias against college students.
Any advice will be appreciated, and fast. She got the ticket last Monday, and the court date is Wednesday 4/13.
My 21 year old daughter received a ticket for violation of Michigan vehicle code 257.653a - Stationary emergency vehicle giving visual signal; duty of approaching vehicle to exhibit due care and caution.
She was on a 2-lane road, with a 55 mph speed limit. Upon approaching two police cars, with a third vehicle, pulled over on the side of the road, (the first with its emergency lights on) she slowed down to 41 mph, per the police officer. In addition she pulled slightly to the left, across the center line, since there was no oncoming traffic. Note that no one was outside of any of the vehicles on the side of the road, it was daylight, and the road condition was dry.
About 1/2 to 3/4 of a mile down the road, she was pulled over by the second police car, and cited for "not slowing down enough." She was told that the local judge thinks 20 mph is slow enough, and that it is now her responsibility to tell all her friends about the new law. Well the relevant paragraph of the code states: (b) On any public roadway that does not have at least 2 adjacent lanes proceeding in the same direction as the stationary authorized emergency vehicle, or if the movement by the driver of the vehicle into an adjacent lane or 2 vehicle widths apart is not possible as described in subdivision (a), the approaching vehicle shall reduced and maintain a safe speed for whether, road conditions, and the vehicular or pedestrian traffic and shall proceed with due care and caution, or as directed by police officer.
By the way, the police car had to pass two other vehicles that had also gone by the original traffic stop, and more than likely did not slow down any more than my daughter. It could be that my daughter was selected because she has a sorority bumper sticker on her vehicle? While my daughter was pulled over 12 of 13 vehicles that passed did not slow down at all. Also, is it just a coincidence that the first police car pulled in behind the police car giving my daughter a ticket, did nothing for a minute or so, and then pulled away, maybe to give a similar ticket to someone else? Is it possible, that these police officers are using the new law to set up an unposted speed trap?
As with any moving violation it is not the fine (up to $500), but the effect on your insurance rates, that really hurts. As a four car family this could cost $1500 or more per year, for at least three years. And complicating this further is the possibility of up to 90 days in jail for this misdemeanor. The police officer stated that this is a $225 fine and 4 points, but it could be knocked down to $95 and 2 points.
My daughter has a perfect driving record, and any reasonable person would agree that she exercised appropriate caution for the situation. On principle, she has to fight the ticket. The question is, how? Should she hire a lawyer? How do you go against a judge that thinks he can add the speed limit into a law, were none exist? In addition this is in the town that has a known bias against college students.
Any advice will be appreciated, and fast. She got the ticket last Monday, and the court date is Wednesday 4/13.