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Understanding MCL 28.428

Bailenforcer

Regular Member
Joined
Nov 3, 2009
Messages
1,077
Location
City
Eating our own?

Okay since I have never met, nor talked to, nor have any idea about stainless1911 I am going to make a general statement.

Speeding tickets are a joke when written for 5 or 10 over on a highway where the speed limits are in excess of 55 MPH. The state uses these for one thing only, revenue enhancement and that word (revenue enhancement) was the states own description. I know many police officers and all but 10% make it clear they do not like to ticket normal every day people. I dare to say not one person on this site can say they never went ten over, not one, unless they don't drive. So there is some hypocrisy here and lot's of it. Most cops are fed up with being nothing more than revenue agents, and tax collectors as they call it. Now he described his car as a POS, and I call mine a POS because I don't like it, and it has not a damn thing to do with the cars ability to be safe or my 26 years driving daily in my job, and not one accident in those 36 years. The only ticket I got in the last 22 years was a ten over and it was just plain stupid, as the State Trooper wasn't paying attention to the bright Yellow Chevy low rider with a 454 that was passing me while the troopers nose was glued to his radar screen not looking to see who was speeding. I was doing 45 in a 55 when the pissed off Chevy blew by me. I was pulling a huge load and couldn't go any faster without being a danger as to not be able to stop in case someone pulled out in front of me.
The idiot trooper never saw the Bright Yellow pickup pass me and then 100 yards after he passed turn right and go south. I won that case and it was because the trooper couldn't explain why he saw no Yellow truck.

The last ticket before that was when I was 17 years old in my 1976 Gremlin north bound on Van Dyke Avenue sitting at the red light waiting. The light turned green and before I was halfway into the intersection the Warren Cop pulled me over at the end of the intersection and claimed I was doing 60? Anyone who ever drove a gremlin knows in less than 75 feet you can go from zero to sixty, the cops was a liar and knew I was a kid. He then tells me I am a dirty hippie, and seeing the CB radio antenna tells me he hates CB'ers. It didn't matter in court because the judge wasn't going to listen to anything I said, and he said just that, so I paid from a cops prejudice.

What I am trying to point out here is the system is against we the people, and no matter how much some of you hate stainless facts are facts. The system is against us and will only get worse with a few victories and many losses.

I also agree it does matter what your car looks like, and how much it costs and I have heard many cops lament beating a case against someone with money is hard to near impossible as they can hire big guns (legal representation).

I would advise people to think before they attack, as not one of you can tell me you never droves faster than a posted speed limit. The speed limits are not set for safety, they are set to aggravate people into speeding to create revenue. That has been proven many times by the very words of Government mouths.

Let's get off the feeding frenzy already it gets old. There are people on this site that the same attackers in this thread never call out who do much worse than the one the attack here. I have watched a few on this site who continuously create problems for open carry and almost no one dares to call them out. Could it be because a few well placed people in O.C. have defended these idiots and everyone else is afraid to speak out? I think so. I am not and never will I be. If we are going to set standards of behavior we all know a few that need it first and foremost, and their actions in public prove this, not to mention their actions on this site.

Again I am in NO way defending Stainless 1911 as I know little about his actions and what I do know pales in comparison to those few I have made reference to. I just watch and see that people tend to feed off very selected targets on this site and, avoid others of equal or worse behaviors, and I find it reprehensible.
 

Bailenforcer

Regular Member
Joined
Nov 3, 2009
Messages
1,077
Location
City
+1 they are shaking "we the people" down for money.


Interestingly enough, most speed limits in Michigan are not legally set.

While I have no idea if the original poster was speeding in an area where the limit was legally set or not, Public Act 85 is a very interesting read.

After reading Public Act 85, it is clear that many speed limits are not legally set in Michigan... and any speed limit that is not legally set defaults to 55 mph.

This does not mean most speed limits are not legally set, but many of them are not.

This issue has recently been brought to light and many money grubbing towns are shaking in their boots because a lot of towns have speed limits that are not legally set... meaning they are 55 mph. Many of the tickets written on these roads are being thrown out of court.

This is not a defense for Stainless, as I don't care about his situation, but it does bring up the interesting and dreaded (by money grubbing localities) Public Act 85.
 

Bailenforcer

Regular Member
Joined
Nov 3, 2009
Messages
1,077
Location
City
Exactly why they give people a so called break, to avoid a fight in court...



So, you believe that the LEO was being nice by not writing you for more violations? And you don't think that such behavior on the officer's part was done for the express purpose of dissuading you from fighting the ticket?

OT: a cop stops you for OCing in a place which is legal BUT you don't fight it because you could have been written up for something more serious.... Hey, he was cutting you a break...
 

Bailenforcer

Regular Member
Joined
Nov 3, 2009
Messages
1,077
Location
City
If I had to pull of the road for every cracked windshield I got I would never make a living. Most cracked windshield are from trucks hauling gravel around here with NO tarps over the loads and you never see the cops stop them for spewing gravel all over the road up here. but have a tiny BB sized hole in a working tail light and you will get a fix it ticket.

I lost a whole exhaust system after a semi which was way over loaded actually broke loose a piece of concrete and tossed it almost three feet in the air and by the time I saw it hit the ground it was too late to stop safely and not endanger other so my car ate it, and it ripped loose the entire exhaust system and ripped the converter completely off the pipe. So much for a low riding car.

I am glad I am not young anymore as in this area young = tickets no matter how safe one drives. I was in a van with my Ex's kid and we just installed those Borla Mufflers 30 minutes prior to being pulled over by a state trooper who told him he was illegal saying he could hear the exhaust system and asked the kid to turn the van on, and with that the kid told him the van was in fact still running. I was sitting in the back and the officer never saw me and argued with the kid and said his exhaust system was illegal, and was going to ticket him. At that point I asked the officer how was it illegal and the stunned cop who never saw me got really pissy with me and said he can ticket the kid anyways after I just explained the exhaust system met all D.O.T. and Michigan standards for noise.
Fact is the cop heard that low monotone rumble of the Borla mufflers and thought he had some stupid 17 year old to mess with, and ticket guessing the kid would just pay up to avoid court. I warned the officer I would contact my attorney and we would fight this, then the back pedaling began, and no ticket was issued...

Youth are always a target for easy money by cops as most kids are intimidated by the court system.



A broken windsheild and a bad exhaust don't constitute a safety hazard to other drivers. The officer made no mistake, he gave me a ticket that I both deserved, and could afford, however it will be very difficult. I am replacing the car next month. It was supposed to be earlier, but I have this ticket to cover, and the car I was going to buy diddn't work out.
 

Bailenforcer

Regular Member
Joined
Nov 3, 2009
Messages
1,077
Location
City
One post fits all...???

Okay here we go.

If you get this many tickets you need to reevaluate what you are doing. You are young or look young if I remember right, so this makes you a target. But! You need to slow down and wait till you get a better car that doesn't look like a rolling violation.

To say in another post if it doesn't get to court makes me think you might have the martyrs complex going on. To fight on your own the system will never work. I can agree with you on certain things like revenue enhancement but getting tickets isn't the answer. Slow down a little. The accidents you described are because you and or your car was incapable of negotiating the curve in a safe manner PERIOD! Otherwise there would be no accident, short of a raging Rhino ramming you off the road.

You seem like a well intentioned person who goes about things in a manner than only hurts you. There are ways to protest and fight the illegal laws, and throwing oneself in front of a speeding train will not stop that train. You need to really take a hard look at your actions and see what you keep doing that never works will never work, as it becomes history that repeats itself.

One might try to break cement blocks with ones face but there has to be a time that you realize it isn't working and change your tactics and or methods for your own sake.

Am I making sense yet?

I have agreed with your take on the insane rigid control freak laws of King George we are now under, but I have yet to think that throwing myself on a bayonet of one of his soldiers will do anything good. To fight the system is to be smarter than it, and not fail prey to it.

Please try and take a long look or evaluation and not become another statistic to this tyrannical system.










Its not so bad. Truth is, I was very likely in the mid to upper XXX's, and got the speed down to 83 when he tagged me. My little car is a bright red POS, with auxiliary headlights under the front bumper, and the windsheild was smashed out. The hood flew up and smacked it last week. The exhaust was loud too. The car sticks out like a sore thumb. This cop was great about it. I pulled over right away and I always put the keys on the roof when stopped. when he asked why, I just told him that I do that out of good faith to show I wont try to take off. After I told him I was on the way to go get my CPL, and I was in a hurry, he told me that since he figured I was a good guy, so instead of writing me up for multiple equipment violations, and that he could see I was broke, he wrote me up for 5 over. To repay that favor, I will be taking it easy for quite a while.
 

PDinDetroit

Regular Member
Joined
Jun 20, 2009
Messages
2,328
Location
SE, Michigan, USA
Okay here we go.

If you get this many tickets you need to reevaluate what you are doing. You are young or look young if I remember right, so this makes you a target. But! You need to slow down and wait till you get a better car that doesn't look like a rolling violation.

To say in another post if it doesn't get to court makes me think you might have the martyrs complex going on. To fight on your own the system will never work. I can agree with you on certain things like revenue enhancement but getting tickets isn't the answer. Slow down a little. The accidents you described are because you and or your car was incapable of negotiating the curve in a safe manner PERIOD! Otherwise there would be no accident, short of a raging Rhino ramming you off the road.

You seem like a well intentioned person who goes about things in a manner than only hurts you. There are ways to protest and fight the illegal laws, and throwing oneself in front of a speeding train will not stop that train. You need to really take a hard look at your actions and see what you keep doing that never works will never work, as it becomes history that repeats itself.

One might try to break cement blocks with ones face but there has to be a time that you realize it isn't working and change your tactics and or methods for your own sake.

Am I making sense yet?

I have agreed with your take on the insane rigid control freak laws of King George we are now under, but I have yet to think that throwing myself on a bayonet of one of his soldiers will do anything good. To fight the system is to be smarter than it, and not fail prey to it.

Please try and take a long look or evaluation and not become another statistic to this tyrannical system.


Excellent Post Sir!

I only hope he will listen to your sound advice and learn from mistakes. We all make them, those who learn from them are far better for it.
 
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