FAQs

If I prove that my speedometer was defective when the officer stopped me for speeding, will the court dismiss the ticket?

No. the court might consider it a mitigating circumstance, but it's likely you will still be found guilty.

Does the officer have to show me the radar/laser reading?

This is not required in most jurisdictions. Also, whether the officer allows you to see the speed reading has virtually no bearing on your case. Officers can lock on radar readings and leave them on display to any hapless victim, even though it was not their vehicle that registered the displayed speed.

Can I write the court and tell them why I'm not guilty?

Michigan allows you to admit responsibility with explanation, which is a written explanation or defense you send to the court. In general, we doubt the fairness or effectiveness of such a defense. There is very little incentive for the court to find the defendant "not guilty."

Can a police officer issue me a ticket if he's outside his own jurisdiction?

If the violation took place within his jurisdiction the answer is yes. If the violation took place outside his jurisdiction the answer is less clear. There may be interagency agreements that allow police to exercise their authority outside their jurisdictions. There may also be state laws that allow interjurisdictional enforcement actions. One point to remember, the officer that observed the violation and issued the citation is the only person that can testify against you. The likelihood that an out-of-area officer would appear to testify against you at your trial is somewhat remote.

What if I don't believe I was going that fast?

It's possible the radar was picking up another vehicle. It's also possible that the radar unit was being operated improperly.

What if the officer was rude?

If the officer had to follow you for a quarter-mile or more until you noticed him in your rearview mirror, he may be unhappy. You were guilty of "contempt of cop," which happens when you don't do whatever it is an officer wants you to do. Regardless, it is not a good idea for you to act in a similar manner.

What will happen if I just ignore the ticket?

If it's for a moving violation such as speeding, ignoring it may result in a suspended license and/or a bench warrant being issued for your arrest. This is true even if you got the ticket outside of your home state.

But everyone was going over the speed limit. What if I was just pulled out of the crowd?

It may be true, but it is totally irrelevant now. Plead not guilty and go to court. In court, don't complain that you were being victimized; the judge does not want to nor have time to listen to a claim that is nearly impossible to prove. If the officer shows up in court, cross-examine him by asking questions in such a way as to make it appear he had no idea which vehicle caused the reading on the radar gun.

Does it have any bearing on the validity of the citation if the officer who observed the violation and the officer who issued the citation are NOT one in the same? (ie. one officer operating the RADAR radios to another officer down the road, who pulls you over.)

Yes it does. First, the clocking officer must be able to confirm that the car being pulled over was the car he clocked. This confirmation should be made to the officer that does the stop. The officer that does the stop is responsible for identifying the driver to whom the ticket is issued. Both the officer that clocked the vehicle's speed and the officer that issued the ticket must be at the driver's trial. This also applies to situations involving the use of airplanes to clock vehicle speeds.

What should I do if an officer is after me?

Unless otherwise directed, pull over to the right shoulder as soon as you can. Going to the left shoulder is asking for one unhappy officer since the left shoulder exposes both you and him to the path of passing vehicles. His job is dangerous enough as it is, don't make it worse. Pull as far off as possible. If it's at night and the police car is unmarked, you may want to continue on to a lighted area. most officers won't have a problem with that. Also, turn on the dome light. Keep movement in the car to a minimum; he can see your movements but doesn't know what you're doing. Are you hiding a gun? Putting away a radar detector? Make his job easier and you can only benefit. When speaking to an officer, don't insert "Sir" or "Ma'am" after every word. Cops call that "bootlicking." Conversely, calling the officer by his rank or title, like "Sergeant" or "Deputy" is not disrespectful if used sparingly. But, only refer to them this way if you're absolutely sure of their rank or title. Remember that officers are usually not required to show you the readout on the radar gun (for their safety and yours.) Be inconspicuous. If you make a fuss, the officer is more likely to remember you when you go to trial. That's bad, you want to be as forgettable as possible. Keep your copy of the ticket!