Traffic Violation inquiry

[mikeytheman]

What is the name of your state? Michigan, Southfield

My friend was pulled over for alleged speeding.

The officer stated he was traveling over the speedlimit (30 in a 25 MPH zone)

The defendent who currently lives in Windsor, Ont. Needs his licence for travel across the border.

The officer stated that he was to keep the defendent licence unless he posted a bond of $100.

Officer stated that if defendent pleaded not quilty, the charge would go from 30 to 41 MPH in a 25 MPH Zone.

Even though the defendant asked officer for proof of alleged violation, the officer neglected to provide any proof whatsoever.

The defendent complied, but this seems unfair. The officer would not provide any proof of the allegation.

Question: This seems fishy, Is this legal?

Please advise.

[moburkes]

Is WHAT illegal? Getting a ticket? Does your friend have a license in the United States OR an international driver license?

[Zigner]

Sounds like the cop cut your friend a break.

[CdwJava]

Originally Posted by mikeytheman

My friend was pulled over for alleged speeding.

That's what cops do sometimes.

The officer stated he was traveling over the speedlimit (30 in a 25 MPH zone)

Kinda cheesy, but still speeding. Not good at all if the conditions were poor (rain, ice, snow, etc.).

The defendent who currently lives in Windsor, Ont. Needs his licence for travel across the border.

The officer stated that he was to keep the defendant licence unless he posted a bond of $100.

That's a tad ... different. It might be entirely permissible under MI law, but I wouldn't stake my life on it. However, the alternative might be that he be held in custody until he either posts bail or sees a judge. Chances are because he was from out of state - indeed, out of the country - that bail is required, and that the officer cut your pal a huge break by not hooking him up and taking the car.

Officer stated that if defendent pleaded not quilty, the charge would go from 30 to 41 MPH in a 25 MPH Zone.

I doubt that is up to the officer. Not to mention that this would be very improper. However, if your pal WAS going 41 in a 25, then being cited for 30 was his way of cutting him an even bigger break. Pleading "not guilty" COULD expose him to the full penalty of the speed violation. It's likely a higher fine at that speed.

Your friend should consult an attorney to help determine if these actions are lawful in MI or not. I'm gonna guess they're questionable at best.

Even though the defendant asked officer for proof of alleged violation, the officer neglected to provide any proof whatsoever.

Just WHAT KIND of proof was he expecting? A video of the offender's vehicle next to a copy of that day's newspaper and a radar gun?

Sorry, but he wasn't going to get that.

The defendent complied, but this seems unfair. The officer would not provide any proof of the allegation.

See above.

Question: This seems fishy, Is this legal?

The two issues I would question is the lawful right to seize the license in lieu of bail, and the ability of the officer to increase the speed on a "not guilty" plea. To me these are issues that might be skirting or completely violating the law.

He should consult an attorney in MI.

- Carl

[The Occultist]

Originally Posted by mikeytheman

...the officer neglected to provide any proof whatsoever.
...
The defendent complied, but this seems unfair. The officer would not provide any proof of the allegation.

The officer doesn't need to prove anything at the time of stop. That's what trials are for

[trieroffact]

Originally Posted by Zigner

Sounds like the cop cut your friend a break.

Sounds like one of Zigner's corrupt cop buddies pulling an extortion scheme. But that is what hypocrites do - break the law that is...

There is one BIG reason the officer would not provide proof - so he would not have to provide any in court either i.e. without the serial number of the radar gun - he can be "flexible" if the court asks for calibrations etc. this is one of Zigner's best extortion tricks in the "field"

The taking of the driver's license was unlawful for that petty of an offense in MI - check the rules of criminal procedure yourself.

[url]http://www.legislature.mi.gov/(S(efuwegj5ekmqbunwl4xant45))/mileg.aspx?page=getObject&objectName=mcl-Act-257-of-1966[/url]

[moburkes]

I'm unable to find, using the link you provided, where it states that taking the license is illegal.

[CdwJava]

Originally Posted by moburkes

I'm unable to find, using the link you provided, where it states that taking the license is illegal.

The question SHOULD be: Under what authority did the officer seize the license?

It's not a question of whether a statute exists making the seizure unlawful, but whether one exists making it lawful. There might be something in MI law permitting the seizure of such a license in lieu of bail or some such thing, but I have not looked for it.

Also, if he seized the Canadian driver's license, we get in to a similar issue.

In the long run, the officer may well have done the guy a favor as it is very likely that foreigners are not subject to O/R release and would have to be arrested and post bail. So, while what the officer did might not be completely lawful, he might have kept the OP's pal from being tossed in the clink until he posted the bail and having his car towed. If the officer gets spanked, you can bet the next Canadian he stops will get a ride to the gray bar hotel instead of an option to bail out his license only.

- Carl

[Zigner]

Originally Posted by trieroffact

Sounds like one of Zigner's corrupt cop buddies pulling an extortion scheme. But that is what hypocrites do - break the law that is...

There is one BIG reason the officer would not provide proof - so he would not have to provide any in court either i.e. without the serial number of the radar gun - he can be "flexible" if the court asks for calibrations etc. this is one of Zigner's best extortion tricks in the "field"

The taking of the driver's license was unlawful for that petty of an offense in MI - check the rules of criminal procedure yourself.

[url]http://www.legislature.mi.gov/(S(efuwegj5ekmqbunwl4xant45))/mileg.aspx?page=getObject&objectName=mcl-Act-257-of-1966[/url]

He thinks I'm a cop
Trier - get over yourself.

[CdwJava]

Originally Posted by Zigner

He thinks I'm a cop
Trier - get over yourself.

Everyone here who disagrees with a poster thinks the poster's a cop. To my understanding there are only two active cops and two former cops that regularly post.

Welcome to the force, Zig!

- Carl

[moburkes]

Zig: I thought he knew something that I didn't know about you.
Carl: That was a nice welcome. He didn't even have to go through training, or anything!

[CdwJava]

Originally Posted by moburkes

Zig: I thought he knew something that I didn't know about you.
Carl: That was a nice welcome. He didn't even have to go through training, or anything!

Well, all that background investigation, polygraph, and psych. profile stuff is over-rated.

It's best to just get them on board. "Here' yer badge, yer gun, yer bullet, and a code book ... now go out there and enforce the law."

- Carl