29mph over in Michigan - Idiot step brother - 79 in a 50 - What are we looking at?

December 25, 2008 10:52 AM

Michigan Speeding - Step brother got hit for going 79 in a 50 - 29 friggin miles over in a car i co-signed ... info no where to be found on MI.gov...

He wasn't pleasant with the cop who did in fact write the entire 29 miles over on the ticket probably due to both attitude and radar detector on dash.

The 50 mph road was Gratiot, for those not familiar with the road it's 3-4 lanes each side with businesses and strip malls along it. Nothing country or highwayish about it.

I know they aren't going to give him any leeway whatsoever. 29 is completely different from say even 10 over, even on a first offense.

One theory is this constitutes Felony Speeding here in michigan, possible jail time... They sent a letter for the court date, not the typical pay or contest letter.

I've searched and searched... DMV.gov, MI.gov/sos .. can't find anything with a decent breakdown of violations and their penalties.

I just can't believe how stupid..... just looking for some way to prepare..

Thanks

posted by mrflibble to Law & Government (6 answers total)

Where on Gratiot? Statie or sheriff or locals? That is a state rd., but if he fights the ticket, he'll be in a district court. The court date is in a district court, right?

My experience in Macomb Co. would lead me to believe that contesting that ticket would be stupid. If he gave the copy attitude, the cop is likely to remember and to show up. Sounds like he needs a lawyer, and fast. He also could do worse than to hit one of the local libraries, and ask the nice reference librarian (and, most of them are nice around there, mefi mail me if you want my specific recommendations about libraries and librarians in Macomb Co., I used to work for the library co-operative) what is likely to happen. They will also have a copy of the statute books where he can look up the law cited on the letter. They will *not* tell him what the legalese means - they can't, legally. The library will also have a list of agencies that help people who can't afford a lawyer, if he qualifies.
posted by QIbHom at 11:28 AM on December 25, 2008

To my knowledge, you wouldn't be looking at anything, regardless of whether you cosigned the car. My sister was pulled over speeding in a car that was fully mine, and she got the ticket, not me.
posted by PhoBWanKenobi at 11:50 AM on December 25, 2008

Never underestimate just calling the PD and asking the pros what to do.

Hell, I had the Sheriff leave a message for me once, telling me how to get out of a speeding ticket.
posted by frijole at 11:50 AM on December 25, 2008

Going almost 80mph anywhere on Gratiot Ave. (which runs from downtown Detroit to downtown Mt. Clemens) is ridiculous. Anything over 16 mph over the legal speed limit in Michigan automatically adds four points to your driver's license. He'll feel that pinch the next time he gets billed for his auto insurance. IANAL, but I'm guessing that it's because of the points they'll be adding to his license that they've automatically scheduled a date in court for him. Unless he has outstanding warrants or other infractions, I doubt he'll do any jail time, but he should be prepared to pay not only for the traffic infraction but also for the court costs. He should most definitely get legal advice before going to court. (And if he skips his court date, his license will automatically be suspended.)
posted by Oriole Adams at 11:51 AM on December 25, 2008

Here's how you can look up some info, at least. Run a search for Public Act 300, of 1949, on the Public Act page here. You'll get a list of all the sections in that act (Michigan vehicle code). Scroll down to about 257.627 and onward -- that looks like it applies to speeding. If you don't find quite the right thing, you can go back to the main page and use the "MCL Key Word Search" with keywords.

(Tips: "motor vehicle" and "driver license" or "operator's license" are the terms used in the laws here -- searching for "car" or "driver's license" won't help. There might be some lists of penalties in that 257.x range of the laws -- see 257.907 for information about civil infractions/civil fines. If there really is some horrible felony involved, look through Public Act 175 of 1927: MCL 777.12g has one mention of felonious driving, but that's all it says).
posted by oldtimey at 12:09 PM on December 25, 2008

In your case, you probably have nothing to worry about. This was a driving offense committed by the driver.

This is in contrast with offenses committed "by" the car- license plate violations, parking violations, red light camera violations. Which end up being the owner(s) problem. No matter who was driving.
posted by gjc at 6:36 PM on December 25, 2008