troy police/courts question

xracer82

Club Member
well i got hit for "disobeying traffic control device" = i went through a yellow light , but we all know how that goes:icon_roll
it's 2 points and $110 , have not received a ticket in some 5 years now and would really like to not get the points (obviously). my question is how tough is troy these days? anyone fight them recently? any lawyer recommendation? my record is listed bellow should i even try?

my record was rough when i was younger but i've been a fairly good adult

record goes like this:

sterling heights 1998 11 over
sterling heights 1999 5 over
troy 2000 5 over
sterling heights 2001 drag racing reduced to 5 over and no points
chebougen county 2003 5 over on highway

thanks guys :cheers:
 
Just talk to the magistrate and tell him/her that you are willing to pay the fines if they drop it to impeding traffic. I believe it is 110 or 115 dollars. 0 points.
 
Last time I went to Troy for a ticket was "Disobeying traffic control device" because i rolled a red light in a turn around at 1 AM on a tuesday, and I went to court and they stated that they will not reduce tickets for less points because "assigning points is the sec. of state's job and not theirs"
 
This is easy to fight. Running a yellow light is not illegal and it says so in the Michigan Statutes. This is a judgement call by the driver. If you lose in the local court, I would appeal the decision to the Oakland County Circuit Court. The cost is usually cheap and the county isn't concerned with the city's revenue. You also don't have to pay the ticket (usually) until a decision has been made by the circuit court.

1) You have the obligation to keep your car under control at all times
2) You have to use your best judgement in all driving situations
3) In your judgement, it would not have been save to slam on the brakes and end up in the middle of the intersection, so you went thru the yellow light (this is actually better if you have a truck or large car as you can also use that as a reason why the vehicle would be hard to stop).
4) If the cop tries to state that you were speeding and that's why you could not stop, you acknowledge that you increased your speed to clear the intersection as quickly as possible when you realized you would not be able to stop without entering the intersection. If you didn't speed thru, don't bring it up.

The few times I was pulled over for this I explained this to the cop and it stopped the ticket before he could write it.

Michigan Vehicle Code said:
257.612 Traffic control signals; location; red arrow and yellow arrow indications; colors; traffic control signal at place other than intersection; stopping at sign, marking, or signal; violation of subsection (1) or (2) as civil infraction; approaching person using wheelchair or device to aid walking; violation of subsection (4) as misdemeanor; location of sign prohibiting turn on red signal; additional sign.
Sec. 612.

(1) When traffic is controlled by traffic control signals, not fewer than 1 signal shall be located over the traveled portion of the roadway so as to give vehicle operators a clear indication of the right-of-way assignment from their normal positions approaching the intersection. The vehicle signals shall exhibit different colored lights successively, 1 at a time, or with arrows. Red arrow and yellow arrow indications have the same meaning as the corresponding circular indications, except that they apply only to vehicle operators intending to make the movement indicated by the arrow. The following colors shall be used, and the terms and lights shall indicate and apply to vehicle operators as follows:

(a) If the signal exhibits a green indication, vehicular traffic facing the signal may proceed straight through or turn right or left unless a sign at that place prohibits either turn. Vehicular traffic, including vehicles turning right or left, shall yield the right-of-way to other vehicles and to pedestrians and bicyclists lawfully within the intersection or an adjacent crosswalk at the time the signal is exhibited.

(b) If the signal exhibits a steady yellow indication, vehicular traffic facing the signal shall stop before entering the nearest crosswalk at the intersection or at a limit line when marked, but if the stop cannot be made in safety, a vehicle may be driven cautiously through the intersection.

(c) If the signal exhibits a steady red indication, the following apply:

(i) Vehicular traffic facing a steady red signal alone shall stop before entering the crosswalk on the near side of the intersection or at a limit line when marked or, if there is no crosswalk or limit line, before entering the intersection and shall remain standing until a green indication is shown, except as provided in subparagraph (ii).

(ii) Vehicular traffic facing a steady red signal, after stopping before entering the crosswalk on the near side of the intersection or at a limit line when marked or, if there is no crosswalk or limit line, before entering the intersection, may make a right turn from a 1-way or 2-way street into a 2-way street or into a 1-way street carrying traffic in the direction of the right turn or may make a left turn from a 1-way or 2-way street into a 1-way roadway carrying traffic in the direction of the left turn, unless prohibited by sign, signal, marking, light, or other traffic control device. The vehicular traffic shall yield the right of way to pedestrians and bicyclists lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(d) If the signal exhibits a steady green arrow indication, vehicular traffic facing the green arrow signal, shown alone or in combination with another indication, may cautiously enter the intersection only to make the movement indicated by the arrow or other movement permitted by other indications shown at the same time. The vehicular traffic shall yield the right-of-way to pedestrians and bicyclists lawfully within an adjacent crosswalk and to other traffic lawfully using the intersection.

(2) If a traffic control signal is erected and maintained at a place other than an intersection, the provisions of this section apply except for those provisions that by their nature cannot apply. Any stop required shall be made at a sign or marking on the pavement indicating where the stop shall be made, but in the absence of a sign or marking, the stop shall be made at the signal.

(3) A person who violates subsection (1) or (2) is responsible for a civil infraction.

(4) A vehicle operator who approaches a person using a wheelchair or a device to aid the person to walk at a crosswalk or any other pedestrian crossing shall take necessary precautions to avoid accident or injury to the person using the wheelchair or device. A person who violates this subsection is guilty of a misdemeanor.

(5) A sign prohibiting a turn on a red signal as provided in subsection (1)(c)(ii) shall be located above or adjacent to the traffic control signal or as close as possible to the point where the turn is made, or at both locations, so that 1 or more of the signs are visible to a vehicle operator intending to turn, at the point where the turn is made. An additional sign may be used at the far side of the intersection in the direct line of vision of the turning vehicle operator.



History: 1949, Act 300, Eff. Sept. 23, 1949 ;-- Am. 1955, Act 245, Eff. Oct. 14, 1955 ;-- Am. 1964, Act 222, Eff. Aug. 28, 1964 ;-- Am. 1966, Act 237, Eff. Mar. 10, 1967 ;-- Am. 1975, Act 287, Eff. Mar. 31, 1976 ;-- Am. 1978, Act 510, Eff. Aug. 1, 1979 ;-- Am. 1988, Act 105, Eff. July 31, 1988 ;-- Am. 1990, Act 33, Eff. Apr. 1, 1991 ;-- Am. 2006, Act 339, Imd. Eff. Aug. 15, 2006
 
Last time I went to Troy for a ticket was "Disobeying traffic control device" because i rolled a red light in a turn around at 1 AM on a tuesday, and I went to court and they stated that they will not reduce tickets for less points because "assigning points is the sec. of state's job and not theirs"

Which doesn't mean you can't cut a deal with the city attorney before walking into the court. It's called a plea bargin and it can be done just like any other 'crime'. I got a moving violation here in Florida and it's not something they are used to doing down here. I think I threw off the attorney asking to speak to her before court. But she accepted my plea to a 'reduced' charge with the same fine and no points or driver's school (that they do have).

The judge does have the right to reject the plea, but most decide that if both sides are happy, they'll let it go.
 
thank you for everyones input so far, going to think it all over a little more tomorrow after i get some sleep.:cheers:
 
Yeah, see if you can get what the others have hinted at - impeding.

It's been what, 6 years since your last ticket? That's pretty decent. Take it to court, dress business casual (or better), be respectful, and politely ask the Troy prosecutor (or magistrate if Troy court works that way?) for "impeding traffic" to avoid the SOS points on your record...

YMMV
 
I got a 10 over in Troy. I went to the Troy courthouse and they dismissed to impeeding so I paid the fine, but no points. They just want money. It does still go on your record though....so in the future when you get pulled over all cops know what you have done in the past for about 5-7 years.
 
Go in early and tell the clerk you would like to see the Prosecuting Attorney tell them that you got the ticket and there was no way that you could have safely stopped at the yellow light that it turned after you entered the cross walk area and they might even drop it with no fine. this happened to me in PoHo and I told them that I entered the cross walk area when it turned and thought the vehicle that was behind me was following to close for me to stop safely without getting rearended. No ticket, no fine, no point's.
JT
 
If he pulled you over for running a yellow, I would not plea bargin. The law is clear; you are allowed to go thru a yellow light. If he pulled you over for running a red, and this is what happened, then cut a deal. If you lose for running a yellow, then take it to circuit court. I hate stupid tickets because the cop is bored or because the city needs the revenue. I need the revenue too.
 
lawyers are worthless with small tickets like this. the worst that can happen is you have to pay the ticket and get 2 points. with a little bit of talking im sure you can get this kind of ticket knocked down or even dropped seeing you didnt run a red light.
 
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