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Old 10-02-2008, 09:30 PM
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Quote:
Originally Posted by BurtsBees View Post
Most likely running your plate and getting a better look at the vehicle.
Totally understand... Just kind of freaks me out a little.. driving along obeying the law, everythings just great... And BAM! out of nowhere there's an officer right on my bumper, totally intimadating, and hindering, my safe driving?? I can understand, if my vehicle looks like, some want-a-be-crack-dealer's rental! But, I drive basically a "Family Truckster"
What? am I, an easy target? Clean Record?
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Old 11-10-2008, 03:07 PM
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Smallcoin:

I'm not sure where you live in Michigan, but I live Downriver and I got a ticket for the exact same thing on October 6th, 2008. I am actually a law student and I work in a personal injury law firm. I deal with michigan driving laws almost on a daily basis. I was pulled over by a Taylor police officer on I-94 (WB). I think it's because I drive a yellow convertible mustang, but that's no excuse if I'm not breaking the law. Moreover, this is the FIRST ticket I've ever gotten and I've been driving for 12 years. The crazy thing is the cop kept pumping his brakes and then pulled over on the shoulder and gave me a ticket for following too close. I could not believe it b/c for one I knew it was a police officer, two he kept pumping his breaks, and three I was driving about 60 mph in a 70 mph zone. I honestly think this is something that the police do because they feel they can. I am fighting my ticket and am geared with all the law in Michigan pertaining to driving. Ironically, there is no specific law that addresses following too closely. The main thing in Michigan is that you are to be in control of your car at all times. In the drivers training manual it references the correct distant you should keep calling it the two-second rule, but if you're going over 35 mph then it turns into the 6 second rule. I will be well prepared when I appear in court and am prepared to appeal the decision if it is unfavorable. A badge does not give anyone the right to abuse their authority.
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Old 11-10-2008, 06:08 PM
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Quote:
Ironically, there is no specific law that addresses following too closely.
What's ironic is that a law student would say that. But maybe not.....If you're not maintaining a reasonable and prudent distance between cars, you're following too closely. The officer can estimate the distance and/or time between cars and the judge can decide if it was "reasonable and prudent". Many laws have some subjectivity in them, but just because the statute doesn't say "200 feet at 65mph" does not mean there isn't a specific law that addresses following too closely. As a matter of fact, here it is:


Quote:
MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949

257.643 Distance between vehicles; violation as civil infraction.

Sec. 643.
(1) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles and the traffic upon, and the condition of, the highway.
(2) A person shall not operate a motor vehicle with a gross weight, loaded or unloaded, in excess of 5,000 pounds outside the corporate limits of a city or village, within 500 feet of a like vehicle described in this subsection, moving in the same direction, except when overtaking and passing the vehicle.
(3) A distance of not less than 500 feet shall be maintained between 2 or more driven vehicles being delivered from 1 place to another.
(4) A person who violates this section is responsible for a civil infraction.
Quote:
I honestly think this is something that the police do because they feel they can.
Oh puh-lease. There are way too many "good" tickets out there for the police to have to pump their brakes to entrap you into a "following too close" ticket. If you want to make generalizations I've got quite a few about lawyers and even MORE about law students.
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Old 11-10-2008, 06:14 PM
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fight every ticket you get!

whether guilty or not if the cop doesnt show up you're free! plus if you truly feel you werent doing anything, go for it. you have nothing to lose and everything to gain.
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Old 11-21-2008, 10:49 AM
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Default Seriously And The?

To: And The

Maybe it is ironic to you that I as a law student would say that, but it's really not that complicated. The statute you have so graciously provided leaves a lot of the discretition in the officer and while most of the time it does not get abused, there are times and circumstances that don't warrant it. Yes you are correct, UNDER SOME CIRCUMSTANCES, a reasonable and prudent officer can estimate the distance and time in between cars, but maybe you read over the part that indicated that I was pulled over by a police officer for following HIM too closely. A reasonable/prudent police officer is less likely to be able to estimate time and distance when he is in front of me as opposed to behind me.

And while YOU may feel there are too many good tickets out there unfortunetly there are some bad cops out there. I am a young black female and I was driving a convertible mustang with personalized plates going at least 15 miles UNDER the speed limit. So, while in the little bubble of a world that you live in that may not seem likely, in the world I live in called REALITY I see it more often than I'd like to. I don't care what generalizations you have about lawyers and law students quite frankly. It is of no importance to me. Growing up my parents always taught me that you can't be everybody's friend.
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Old 11-21-2008, 11:15 AM
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Location: Grosse Ile Michigan and Sometimes Orange County CA
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As communities run out of money, some try to make it up in part through traffic fines. Apparently the police department gets some portions of the fines that are levied. If true, that is a really stupid policy.

However certain communities have developed a reputation for issuing BS tickets just to get money. They will offer a plea bargain for something like double parking that involves no points but a higher fine. If they are allowing people to plea to double parking for a speeding ticket, it is not law enforcement it is just another tax for driving through that community - or maybe you could call it extortion.
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Old 11-21-2008, 12:10 PM
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Looks like a 2 pointer. How is your driving record? Were you respectful to the officer? Which county/city did it occur in? You could set it for hearing and talk to the city attorney before the hearing and request it be reduced to impeding traffic. Impeding traffic = no points and the gov't gets their money. Nice compromise. I heard that driver's school legislation is pending but I do not know the status. (Driving school + fine = no points). Good luck.
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Old 11-21-2008, 12:46 PM
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Ishten:

My driving record is impeccable. I am 27 yrs old and this is the FIRST ticket I’ve ever gotten. I was very respectful with the officer. This happened in Taylor (Wayne County). I did notify the court that I was fighting the ticket and I have a court date set for a couple weeks away. The only relevant information I found about following too close was in the drivers training manual and just a broad Michigan statute that touches on it. The problem is that it’s very subjective and the discretion rests in the hands of the officer to decide what they consider “too close” to be. The problem with something like that is it isn’t uniform. Some cities may interpret driving too close to be one distance while another city interprets it based on other factors/circumstances. The court clerk said I could plead to a lesser offense with no points, but the fine is CRAZY. I know I didn’t do anything wrong so it makes me mad that I have to pay for being lawful.
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Old 11-21-2008, 01:00 PM
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Quote:
Originally Posted by MBA_Mom View Post
To: And The

Maybe it is ironic to you that I as a law student would say that, but it's really not that complicated. The statute you have so graciously provided leaves a lot of the discretition in the officer and while most of the time it does not get abused, there are times and circumstances that don't warrant it. Yes you are correct, UNDER SOME CIRCUMSTANCES, a reasonable and prudent officer can estimate the distance and time in between cars, but maybe you read over the part that indicated that I was pulled over by a police officer for following HIM too closely. A reasonable/prudent police officer is less likely to be able to estimate time and distance when he is in front of me as opposed to behind me.

And while YOU may feel there are too many good tickets out there unfortunetly there are some bad cops out there. I am a young black female and I was driving a convertible mustang with personalized plates going at least 15 miles UNDER the speed limit. So, while in the little bubble of a world that you live in that may not seem likely, in the world I live in called REALITY I see it more often than I'd like to. I don't care what generalizations you have about lawyers and law students quite frankly. It is of no importance to me. Growing up my parents always taught me that you can't be everybody's friend.
I was on your side until you played the race card.
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Old 11-21-2008, 01:01 PM
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Quote:
Originally Posted by MBA_Mom View Post
Ishten:

My driving record is impeccable. I am 27 yrs old and this is the FIRST ticket I’ve ever gotten. I was very respectful with the officer. This happened in Taylor (Wayne County). I did notify the court that I was fighting the ticket and I have a court date set for a couple weeks away. The only relevant information I found about following too close was in the drivers training manual and just a broad Michigan statute that touches on it. The problem is that it’s very subjective and the discretion rests in the hands of the officer to decide what they consider “too close” to be. The problem with something like that is it isn’t uniform. Some cities may interpret driving too close to be one distance while another city interprets it based on other factors/circumstances. The court clerk said I could plead to a lesser offense with no points, but the fine is CRAZY. I know I didn’t do anything wrong so it makes me mad that I have to pay for being lawful.
When it's your turn to stand up to the judge, ask the judge if you can speak (may I speak?) Remind the judge about your good driving record and ask for leniency.
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