T Vance
Regular Member
imported post
Nutczak wrote:
2)So if you ever get a speeding ticket should you always fight it and ask for this survey in court?
3) I watched that video the other day with the teacher and LEO talking about "Never Talking to the Police". Even when getting a stopped for something as simple as speeding. Lets say you are doing 10-15 over the speed limit and get caught. Many cops will usually give you a 5 over instead of writingeyou up for what you were technically going over the speed limit (at least that's been my case over the years).
What if when the LEO stops you you don't say ANYTHING to him, just hand him your paper work (and disclose if you are carrying). He asks you questions, but you remain "silent". Don't you think he's more likely to write you up for the full speeding amount? Granted you shouldn't have been breaking the law.
But might it be better to talk in this situation as long as you don't answer questions like "do you know how fast you were going"? Maybe a response to that question could simply be "I had the cruise control set" (as long as you had the cruise control set so you are not lieing). If he/she asks "what was it set at" you could respond "I had the cruise control set" and leave it at that.
What are your thoughts?
Nutczak wrote:
1) So EVERY road (including expressways?) has to have this survey done evey 5 years?PDinDetroit wrote:Actually that is a federal law, it can be found in the federal MUTCD book. http://mutcd.fhwa.dot.gov/mikestilly wrote:mikestilly - MI passed a law a while back that sets the default speed limit at 50 or 55 MPH, unless a traffic study has been performed for that stretch of roadway. I could not find it yet in the MCL's, but have attached a link to an article from earlier this year about roadways in Kalamazoo. I would do a bit of research and see what the MCL says and if this roadway has had a study done that supports this 35 MPH speed limit. If no study was done, you will not have to pay for this ticket!There is a sneaky bridge on Grand River in Novi that drops from 50 to 35 JUST FOR THE BRIDGE!
Please correct me if I've missed something or have it incorrect.
http://www.mlive.com/news/kalamazoo/index.ssf/2009/07/speed_limit_story_polls.html
Sorry for the OT guys!
To properly set a legal speed limit, a traffic speedsurvey must be done which takes the average speed of the 85th percentile, and rounds it up to the nearest 5MPH increment. This survey must be done every 5 years for a speed limit to be valid otherwise it is known as "An Invented Numeric" with no scientific backing and therefore unenforcable.
In court, the prosecutor should have the latest speed survey as evidence, if they do not, you stand a good chance of have your motion for dismissal granted for lack of evidence. (if your not in a kangaroo court like so many little towns have where theprosecutor is having 3-somes with the judge and his daughter and his sister is also his mother)
2)So if you ever get a speeding ticket should you always fight it and ask for this survey in court?
3) I watched that video the other day with the teacher and LEO talking about "Never Talking to the Police". Even when getting a stopped for something as simple as speeding. Lets say you are doing 10-15 over the speed limit and get caught. Many cops will usually give you a 5 over instead of writingeyou up for what you were technically going over the speed limit (at least that's been my case over the years).
What if when the LEO stops you you don't say ANYTHING to him, just hand him your paper work (and disclose if you are carrying). He asks you questions, but you remain "silent". Don't you think he's more likely to write you up for the full speeding amount? Granted you shouldn't have been breaking the law.
But might it be better to talk in this situation as long as you don't answer questions like "do you know how fast you were going"? Maybe a response to that question could simply be "I had the cruise control set" (as long as you had the cruise control set so you are not lieing). If he/she asks "what was it set at" you could respond "I had the cruise control set" and leave it at that.
What are your thoughts?