How to fight that Michigan Speeding Ticket

You can beat that Michigan speeding ticket. The following is a true story about how I fought a ticket with some success.

This is a FREE service of the National Motorists Association. If you use this article to get your ticket dismissed or reduced as many people already have, please take $29 of the money you save and JOIN THE NMA.

Cruising west bound I-96 just past I-275, nice warm summer early evening, windows down, radar detector on with light traffic. I was driving a nice safe speed for traffic conditions in the right lane.

My pleasant evening came to an abrupt end as my Escort jumped off the dash having received a large dose of instant on K-band radar radiation. Sure enough, my pal, the Michigan State revenue collector, was parked under an overpass. Checking my rear view mirror, I could see him burning off his tires as he came roaring after me. It is at this point my inner conscious wanted to crank it up to 130 and dust this nuisance. But sanity prevailed and I pulled over.

Here is what you should do when pulled over.

Be respectful and polite at all times. Do what the officer asks. The officer has no idea who you are or if you have evil intentions so always act calm. If you are on your best behavior you may get off with just a warning.
Above all never admit guilt! Admitting guilt will come back to haunt you since the officer is probably taking notes.
Ask the officer where he was and where you were when he determined your speed. Ask him how he determined your speed. I do not believe it is worth asking to see his radar gun reading as this will come down to your word against his in court.
If the officer comes back with a ticket take it politely and bid the officer a good day.
Now it is critical that you write down everything that just happened. Write :

Where you were and the officer was when he observed you speeding.
The location of any other vehicles between you and the officer.
The weather and traffic conditions.
Any other unusual circumstances such as if the highway runs right next to an airport.

So now I have my 75 in a 55 $110.00 ticket. My next step was to go down to the local library and find everything I could about Michigan traffic law. Here is what I found.

Speeding is called a Civil Infraction in Michigan. You can not be sentenced to jail for a civil infraction but you certainly can lose your license and the green stuff in your wallet. Civil Infractions follow different rules than offenses you can go to jail for.
There are three steps to fighting a speeding ticket and other Civil Infractions.

The Informal Hearing. Here you cannot have a lawyer present and unless you have money to burn you do not want one anyway. The hearing is presided over by a magistrate. It is important to note that a magistrate is not a judge! The magistrate is not bound by the same rules as a judge. In my case the magistrate was an ex state police officer, this was not good for me. You may have better luck and get an impartial magistrate.

You must call and write to the court listed on the ticket and request an informal hearing. They will mail you a court date. You should prepare your case for the hearing. In my opinion it is not worth preparing too much for the informal hearing because the system is stacked against you. This doesn't mean that you should come unprepared but I wouldn't spend too much of your time in this phase of the process. Your best chance is that the officer does not show up to the hearing in which your case will be probably be dismissed! It is always worth requesting an informal hearing because quite often the officer does not show up! You can also ask the court to delay you hearing. One tactic is to delay the hearing as much as possible in the hope that the officer will be transferred or not available for some other reason. You also delay paying your fine and receiving your points. If you do delay your hearing make sure you have a written confirmation from the court showing your new hearing date.

If the officer shows you will most likely lose the informal hearing. Don't be discouraged because here is where the system begins to work in your favor. Immediately after losing the informal hearing go to the court clerk and request a formal hearing. You will probably have to post a bond equal to the fine of your ticket. You will get some, all, or none of this money back depending on how the formal hearing goes. Many people give up at this point. The system is designed to get you to quit. If you are persistent you will get results so always appeal to a formal hearing.

There are a couple of potential negatives that can happen at a formal hearing you should be aware of. The judge could increase you ticket speed to the speed the officer observed you at. So if the officer gave you a really big break when writing the ticket you should take that in to consideration. Also, the court could impose additional court costs. Most courts probably won't do this but it might be worth asking the court clerk if it is common practice if this is a big concern to you.

The Formal Hearing. The formal hearing will be held before a judge. You can not have a jury trial for a Civil Infraction. The judge is bound by law to follow due process. Lawyers can be used here. If you opt for a lawyer make sure he or she specializes in traffic law. If you are a member of the National Motorists Association then use their lawyer referral service.

You need to prepare your case for the formal hearing. I strongly suggest you use the Traffic Defense Kit that the National Motorists Association supplies its members. This is worth the low cost of membership alone! This story will not go into the details of preparing your case.

When you arrive for your formal hearing you will probably have the opportunity to make a deal with the prosecutor. In most areas, they do not want to try traffic infractions because they have more important crimes to worry about. When I showed up for my hearing there were no signs or instructions so I had to go find the prosecutors office. This was easy because there was a large line of lawyers outside the door of the office. Show up early and find the prosecutor, do not just sit in the court and wait to be called, it will be too late to make a deal.

When you meet the prosecutor be professional and explain your case. If you make a strong impression you are more likely to get a better deal offered. You should dress in a suit. Be aware that the prosecutor will have ready access to your driving record (as will the judge) and will take it in to consideration. If you have a clean record it will be a very big advantage to you. This is why you should fight your very first ticket - keep that record clean!

Of course, you may not make a deal. They may not offer one or you may not want to take what they are offering. If this happens go in the courtroom and wait to be called and be ready to present your case. Once again I will not go in to details here but offer a couple of tips.

If the officer is not there ask the judge for a dismissal.
Do not put yourself on the stand if you were speeding.
Do not attack the officer directly. Instead focus on errors in radar, traffic conditions, target errors, and the unreasonable law. Remember that the officer did not make the law.

I wimped out and took the deal. They reduced it to 60 in a 55, 0 license points, and $50.00. If you take the deal it still has to be approved by the judge so you still have to go in to the courtroom and wait for your case to be called. Sitting in the courtroom and watching several people get jail time for drunk driving and other crimes made my $50 fine not seem so bad.

If there is a next time I will not take the deal. After going through it once I feel confident that I can put on a good case. If you do go to trial the Judge may still find you guilty but can also lower the offense and fine.

Second Formal Hearing. If you lose the first formal hearing you can appeal your case to a second hearing which will be held in a different courtroom with a different judge and prosecutor. No new evidence can be presented at an appeal. You would use the appeal if you felt that the first hearing was biased or did not follow the law.

Even if you lose going through the process will be very enlightening and worthwhile. Do not give up to unreasonable laws without a fight. If you roll over to unreasonable speed limits you have no one to blame but yourself.