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Unfair speed trap and magistrate won't listen to proof

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artmaker

Member
Holland Michigan. I'd really love to find a local lawyer on this. Spoke to one over the phone and this is just not right.

I'll spell it out here, but I have a video uploaded just today that I TRIED to play for the magistrate at my informal hearing.

Basically, I 196 heading north to Holland is a 70mph road. It splits, and becomes RT 31. Where I approached the officer, my cruise was already set to about 56. He told me, and again testified that he clocked me "a mile up the road" at 60. AND he told me AND again in court that there are signs, including a reduced speed ahead sign.
THERE IS NOT!

The weekend after I got the ticket, I brought a video camera. When I realized not only are there NO signs stating reduced speed ahead, and also the first and only sign before where the cop was sitting is only six tenths of a mile from him, I was rather angry. "A mile" from where he was, the speed limit is 70. No clue it ever changed or will change. There simply is no sign. So 60 in a 70 zone is NOT speeding! And the video I tried to show the magistrate, was refused.
he said "I've been on that section of road only a few weeks ago and there are reduced speed signs. I don't need to see the video, you were speeding."
Well no there are no such signs, I have proof shot that very day but he would not play the video. Nevermind that the 55 sign is only six tenths of a mile, not a full mile from the cop. Just pay the fine.

here. You tell me. WHERE is any reduced speed ahead sign.
(by the way, the officer was about 15 min late to court. This video is just over two minutes long. So time was not an issue. Besides I was the only person in court. It's not like they were too busy.)

http://www.youtube.com/watch?v=bw1F-tAoY7s&feature=youtu.be

I already filed an appeal. I did talk to a lawyer (too far away to take the case) and asked him a few things. I'll run this by you folks as well.
1. Is there any way at my appeal to require this video to be entered as evidence?
2. is there any way to contact MDOT and get something on paper showing exactly what signs are where?
3. Guessing this little trap is a racket here, guessing most people just pay the fine rather than deal with this BS, it's a safe bet a LOT of people have been gouged here. Would a lawyer be willing to handle something along the lines of suing the town, county, what ever. Just for me hiring a lawyer isn't worth it. This isn't even a points off ticket. Just cash they want. but... there could be some serious money if this is a fraud that hit enough people.

That's where I'm at. Any thoughts?

ps... what is the "trackback" field below this? No clue what that means.
 


Zigner

Senior Member, Non-Attorney
Was the officer sitting PAST the sign that reduced speed to 55 mph?


Holland Michigan. I'd really love to find a local lawyer on this. Spoke to one over the phone and this is just not right.

I'll spell it out here, but I have a video uploaded just today that I TRIED to play for the magistrate at my informal hearing.

Basically, I 196 heading north to Holland is a 70mph road. It splits, and becomes RT 31. Where I approached the officer, my cruise was already set to about 56. He told me, and again testified that he clocked me "a mile up the road" at 60. AND he told me AND again in court that there are signs, including a reduced speed ahead sign.
THERE IS NOT!

The weekend after I got the ticket, I brought a video camera. When I realized not only are there NO signs stating reduced speed ahead, and also the first and only sign before where the cop was sitting is only six tenths of a mile from him, I was rather angry. "A mile" from where he was, the speed limit is 70. No clue it ever changed or will change. There simply is no sign. So 60 in a 70 zone is NOT speeding! And the video I tried to show the magistrate, was refused.
he said "I've been on that section of road only a few weeks ago and there are reduced speed signs. I don't need to see the video, you were speeding."
Well no there are no such signs, I have proof shot that very day but he would not play the video. Nevermind that the 55 sign is only six tenths of a mile, not a full mile from the cop. Just pay the fine.

here. You tell me. WHERE is any reduced speed ahead sign.
(by the way, the officer was about 15 min late to court. This video is just over two minutes long. So time was not an issue. Besides I was the only person in court. It's not like they were too busy.)

http://www.youtube.com/watch?v=bw1F-tAoY7s&feature=youtu.be

I already filed an appeal. I did talk to a lawyer (too far away to take the case) and asked him a few things. I'll run this by you folks as well.
1. Is there any way at my appeal to require this video to be entered as evidence?
2. is there any way to contact MDOT and get something on paper showing exactly what signs are where?
3. Guessing this little trap is a racket here, guessing most people just pay the fine rather than deal with this BS, it's a safe bet a LOT of people have been gouged here. Would a lawyer be willing to handle something along the lines of suing the town, county, what ever. Just for me hiring a lawyer isn't worth it. This isn't even a points off ticket. Just cash they want. but... there could be some serious money if this is a fraud that hit enough people.

That's where I'm at. Any thoughts?

ps... what is the "trackback" field below this? No clue what that means.
 

artmaker

Member
yes.... I checked that 55 mi sign with my trip odometer on another run to town. The 55 sign is exactly 6/10 of a mi before where he was sitting. It took 3/10 to reduce speed, short of dropping anchor, and when I passed him I was in cruise at 56 ish. He cited me for 60 in a 55. But a mile up the road is before the sign and again, there are no reduced ahead signs to be found. If there were I'd say ok, my bad, missed it, pay the find and be done with it. But there are not.

Side note, they recently had construction along this whole section of road. It's been closed all summer. I'm thinking that at one point they did have reduced speed ahead signs and just never replace them. but in any case, the day I was cited, the weekend after that when I shot my first video (at night, impossible to see off the computer) and again the day of my hearing, there are no such warnings.

no fair I say! (shaking fists in air.)
 

Zigner

Senior Member, Non-Attorney
It doesn't matter if there were signs warning of the speed change up the road. Your evidence showing there was not is irrelevant, which is why it wasn't allowed to be introduced.
 

artmaker

Member
Why would evidence showing there are no signs irrelevant? The last posted speed sign I saw said 70. Going 60 in a 70 zone is not speeding. Hadn't come up to the 55 sign at that point. Both the cop and magistrate claim there are signs warning of a speed change. If there were then yea. Speeding. But there are not, and my only proof was disallowed.
 

TheGeekess

Keeper of the Kraken
Why would evidence showing there are no signs irrelevant? The last posted speed sign I saw said 70. Going 60 in a 70 zone is not speeding. Hadn't come up to the 55 sign at that point. Both the cop and magistrate claim there are signs warning of a speed change. If there were then yea. Speeding. But there are not, and my only proof was disallowed.
Then I suppose you'll be paying the fines. :cool:
 

Zigner

Senior Member, Non-Attorney
Why would evidence showing there are no signs irrelevant? The last posted speed sign I saw said 70. Going 60 in a 70 zone is not speeding. Hadn't come up to the 55 sign at that point. Both the cop and magistrate claim there are signs warning of a speed change. If there were then yea. Speeding. But there are not, and my only proof was disallowed.
You said the officer was sitting over half a mile PAST the lower speed limit sign and that you didn't slow down until AFTER the speed limit sign. The warning signs are not a requirement by law, so their presence or absence is irrelevant.
 

artmaker

Member
You said the officer was sitting over half a mile PAST the lower speed limit sign and that you didn't slow down until AFTER the speed limit sign. The warning signs are not a requirement by law, so their presence or absence is irrelevant.
First of all that doesn't make one lick of sense. How would anyone know unless there is a sign. Or until there is a sign.



Now.... I just watched my own video up on the big computer screen. Frame by frame and now I feel real darn stupid.
There are warning signs. Yellow ones, not white like a speed limit sign which is what I was looking for, but there. So that puts me squarely in the wrong.
I swear I've made that run dozens of times and never once saw them. My husband is a trucker by trade and after my ticket he took that route and he didn't see them either. But there they are. Right on my own video.

So fine. I'll call and cancel the appeal. Next time I'll know.

Going to wrap this up.
Thanks.
 
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