"How can I get a ticket for speeding when I was involved in a crash and was going less than the speed limit?"
In Michigan, there is a law tittled "Violation of basic speed". This is a citation that you would receive when an unintentional event occurs. If you are in a 45mph zone and are traveling 55, you are violating the posted speed limit. If you are in that same zone traveling 25mph and an unintentional event occurs (i.e. slide off the road or crash into another object)and that event occurs because of road conditions, you are in violation of the basic speed law. You can be traveling 5mph in a 70mph zone and receive a citation for VBSL if and unintentional event occurs.
Saturday, December 11, 2010
Monday, October 20, 2008
"Traffic Violation Related"
"My questions are traffic violation related. 1. Headlights are required by federal law whenever windshield wipers are needed, right? Why don't area police,ie: deputies, tribal cops, local police, state cops ever seem to obey this law? 2. when making a right hand turn a car takes the right lane,, left turn--, left lane. It's the law,, I know,, I just took the test. Why don't area police,, any of them,, obey this law? 3. What is the little known ordinance in New Buffalo that makes it illegal to drive through town on Red Arrow Highway using the left lane? Seems like a sneaky excuse to use when profiling less fortunate people and wanting to pull them over. Why is that such a little known ordinance and how do I become advised of what other ordinances I may have enforced on me that make sense only to the law enforcement branches? How do these ordinances serve me as a taxpaying citizen when I don't even know that they exist? Thanks for your consideration."
Thanks for your question (I think). I can’t really comment on Federal Law, and I’m not sure that I understand the premise of your questions. I know of no Federal Law that address wipers or headlights.
Regarding #1, are you saying that we drive around with no headlights? Or, are you saying that our lights are not on when we need our wipers on (during rain)?
Click on “Traffic Law Search” under this main page. Type in the number 685 and it will define for you all that is required of headlights (I think). 709 will define Wipers.
Regarding #2, are you saying that police officers make a habbit of turning left from the right turn lane and right from the left turn lane? Type 642 for a search and your lane question will be answered (I think).
I don’t know if it’s a New Buffalo ordinance, but it is a state law that a vehicle must be driven within the extreme right-hand lane except when passing.
Ignorance is not an excuse. You can learn all the traffic laws by reading the Motor Vehicle Code if you so desire. Just because you don’t know the law does not mean that it is “sneaky”, should not be a law or that it is unfair.
The laws serve you as a taxpayer by maintaining the safe flow of traffic. The solution is to know the law, the problem is not knowing it. Read-up.
Officer Answer
Thanks for your question (I think). I can’t really comment on Federal Law, and I’m not sure that I understand the premise of your questions. I know of no Federal Law that address wipers or headlights.
Regarding #1, are you saying that we drive around with no headlights? Or, are you saying that our lights are not on when we need our wipers on (during rain)?
Click on “Traffic Law Search” under this main page. Type in the number 685 and it will define for you all that is required of headlights (I think). 709 will define Wipers.
Regarding #2, are you saying that police officers make a habbit of turning left from the right turn lane and right from the left turn lane? Type 642 for a search and your lane question will be answered (I think).
I don’t know if it’s a New Buffalo ordinance, but it is a state law that a vehicle must be driven within the extreme right-hand lane except when passing.
Ignorance is not an excuse. You can learn all the traffic laws by reading the Motor Vehicle Code if you so desire. Just because you don’t know the law does not mean that it is “sneaky”, should not be a law or that it is unfair.
The laws serve you as a taxpayer by maintaining the safe flow of traffic. The solution is to know the law, the problem is not knowing it. Read-up.
Officer Answer
Traffic Signals...
"The stop light at the U.S12 / Red Arrow highway intersection will not trip to a green light for motorcycles going west bound. How long am I expected to sit there before I can go through it red?
Thanks"
If the intersection is controlled by a traffic signal, you must abide by the signal. Your options are to safely put yourself in another lane and take a different route or to move up enough to allow a vehicle that might be behind you to trip the sensor.
I have seen several motorcycles go through the light when it is safe. As an officer, I would understand going through the light and can say with reasonable certainty that I would not take enforcement action against a motorcycle. That being said, each officer is different and some may take action. If you are ever involved in an accident, you will be at fault. This is one of those times that an officer must use his judgment and I would believe that if done in a safe manner, you would be fine. That’s the best I can do.
Officer Answer
Thanks"
If the intersection is controlled by a traffic signal, you must abide by the signal. Your options are to safely put yourself in another lane and take a different route or to move up enough to allow a vehicle that might be behind you to trip the sensor.
I have seen several motorcycles go through the light when it is safe. As an officer, I would understand going through the light and can say with reasonable certainty that I would not take enforcement action against a motorcycle. That being said, each officer is different and some may take action. If you are ever involved in an accident, you will be at fault. This is one of those times that an officer must use his judgment and I would believe that if done in a safe manner, you would be fine. That’s the best I can do.
Officer Answer
Tuesday, January 29, 2008
General Questions
Click below on "comments" to send me a question. I will then post both your question and my response as soon as I get a chance.
Speedtraps
Fed up asked: I drive the same roads almost every day and I can be sure to see a cop sitting in the exact same place. He is hidden from view and apparently setting his speed trap to catch people who are just driving with the flow of traffic. Don't they have anything better to do?
Here’s the deal…Our job is to enforce traffic laws, that is what we do. If we found something else to do, the same question would be posed…”Doesn’t that cop have something better to do than pull over drunk drivers?” We do not make the laws, we only enforce what is written in black and white. There is no judgment made on the part of the police officer when he writes a ticket and we have no quotas. Quotas are another often referred to myth that is untrue. When you break a black and white traffic law, the conclusion is a citation.
We have what’s referred to as “directed patrol” which targets known traffic problem areas and heavily traveled areas. Every accident report that is done in the state of Michigan is sent to the state and the police departments receive statistics as to where the accidents occur and where traffic problems may exist. Part of our job description is policing traffic and enforcing traffic laws. With the statistics we receive, we target these areas.
There is no such thing as a “speed trap.” Entrapment refers to causing you to do something that you would not normally do. If you were on a straight, level stretch of roadway that has a speed limit of 35 miles per hour, and a police officer tucked in the bushes running stationary radar clocks you at 45 miles per hour, this does not constitute a speed trap. Plain and simple, you were speeding and you got caught.
Officer Answer
Here’s the deal…Our job is to enforce traffic laws, that is what we do. If we found something else to do, the same question would be posed…”Doesn’t that cop have something better to do than pull over drunk drivers?” We do not make the laws, we only enforce what is written in black and white. There is no judgment made on the part of the police officer when he writes a ticket and we have no quotas. Quotas are another often referred to myth that is untrue. When you break a black and white traffic law, the conclusion is a citation.
We have what’s referred to as “directed patrol” which targets known traffic problem areas and heavily traveled areas. Every accident report that is done in the state of Michigan is sent to the state and the police departments receive statistics as to where the accidents occur and where traffic problems may exist. Part of our job description is policing traffic and enforcing traffic laws. With the statistics we receive, we target these areas.
There is no such thing as a “speed trap.” Entrapment refers to causing you to do something that you would not normally do. If you were on a straight, level stretch of roadway that has a speed limit of 35 miles per hour, and a police officer tucked in the bushes running stationary radar clocks you at 45 miles per hour, this does not constitute a speed trap. Plain and simple, you were speeding and you got caught.
Officer Answer
Friday, January 25, 2008
Idling vehicles
Anonymous asked, "Why do police officers leave their cars unattended and idling outside their police station, gas stations, or restaurants? Seems to be a waste of gas."
Officer Answer says...
There are 2 reasons for a vehicle to be left idling. First, in my cold climate of Michigan, it is imperative that the police car be left running. The officer has to be able to jump into that car at a moment's notice to respond to calls. They cannot wait for the engine to warm or the windows to defrost. They also have some equipment in their cars that requires temperatures above freezing. They are not being wasteful of gasoline or ignoring the environment when they do this. It really is necessary to keep them ready for anything.
Second, there is equipment that runs off the battery (radios, computers, in-car video systems). The car must be left running to keep the battery charged. Computers cannot be rebooted each time the officer gets in and out of the car. The in-car video systems must, per policy, be left recording for the duration of the shift.
Officer Answer says...
There are 2 reasons for a vehicle to be left idling. First, in my cold climate of Michigan, it is imperative that the police car be left running. The officer has to be able to jump into that car at a moment's notice to respond to calls. They cannot wait for the engine to warm or the windows to defrost. They also have some equipment in their cars that requires temperatures above freezing. They are not being wasteful of gasoline or ignoring the environment when they do this. It really is necessary to keep them ready for anything.
Second, there is equipment that runs off the battery (radios, computers, in-car video systems). The car must be left running to keep the battery charged. Computers cannot be rebooted each time the officer gets in and out of the car. The in-car video systems must, per policy, be left recording for the duration of the shift.
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