If you receive a ticket for speeding, you might want to make sure that the speeding ticket is enforcable under Michigan law!
Every driver knows that speed limits can go up and down like a roller coaster, on any given stretch of Michigan road. But few people understand who sets these speed limits, and under what law(s) speeding violations can be legally prosecuted.
Public Act 85 of 2006 (PA 85) is the State statute that actually regulates where and how speed limits are set, and what penalties may be imposed for violating these speed limits. But local jurisdictions do not always follow this State law when setting speed limits.
Recently, there have been a couple of articles in local news papers discussing this problem. These articles are not new. Last year there was a similar article discussing how many of the speed limits are kept artificially low to generate revenue.
This recent string of articles appears to have garnered the attention of State Rep. Rick Jones, R-Grand Ledge, who intends to introduce legislation forcing local jurisdictions to follow Public Act 85 of 2006 (PA 85), so that unfair speed limit laws are not put in place to “trap” otherwise careful drivers.
What does PA 85 actually state? PA 85 addresses several different State statutes, but the Speed Limit debate has focused on the following language in Michigan Compiled Law 257.627 (PA 85), that mandates speed limits shall be:
(d) 25 miles per hour on a highway segment with 60 or more vehicular access points within 1/2 mile.
(e) 35 miles per hour on a highway segment with not less than 45 vehicular access points but no more than 59 vehicular access points within 1/2 mile.
(f) 45 miles per hour on a highway segment with not less than 30 vehicular access points but no more than 44 vehicular access points within 1/2 mile; and,
(3) It is prima facie unlawful for a person to exceed the speed limits prescribed in subsection (2), except as provided in section 629.
As a criminal defense attorney, I can see how these sections of PA 85 may be helpful for many drivers to avoid difficulties associated with speeding tickets.
In other words, while this statute appears almost too complicated to be immediately useful, a skilled defense attorney may be able to use PA 85 to argue that the speed limit in question was not “legal” under Michigan law.
It may not be realistic for the average driver to be on the side of the road mapping out the best 1/2 mile for them to defend their speeding tickets. But a skilled defense attorney can address the following issues: Should you calculate a half mile from the point of the ticket? From the point the officer alleged you were speeding? Or calculate a 1/4 mile before and after the point the officer alleged you were speeding?
PowerPoint presentations addressing the legality of a certain speed limit might become a more integral part of informal or formal hearings regarding traffic offenses. Perhaps video presentation where each curb cut, driveway, side street, or other “access point” is numbered would be useful. The same video could have some indication of the mileage or measurements in question.
In time, the situation will be corrected through introduction of new legislation, but in the meantime we’ll be watching to see how the courts react toward arguments about unenforceable speed limits.
If you have further questions about fighting a speeding ticket, contact the experienced lawyers at our firm and we will discuss what you may be able to do to fight that ticket.
To read the state statute click here:
(http://www.legislature.mi.gov/documents/2005-2006/publicact/htm/2006-PA-0085.htm).
Attorney Daryl Wood is an experienced Michigan defense attorney, and a recognized legal expert on Driver’s License suspension and restoration issues. If you have received a ticket, have had a license suspended, or have been subject to Driver’s Responsibility fees in Michigan, Mr. Wood can help and advise you.
Contact Mr. Wood at: 313.278.8811 or 248.855.0911.
Or visit his web site at http://www.crimlawattorney.net or http://www.drunkdrivingmichiganlawyer.com or www.michiganmiplawyer.com
Showing posts with label felony. Show all posts
Showing posts with label felony. Show all posts
Monday, June 7, 2010
Saturday, March 13, 2010
Ben Roethlisberger’s sexual assault allegations: the smart way to handle.
Recently, another shocking new development ensued in the life of the $102 million QB of the Pittsburgh Steelers. The proud franchise with its 7 Super Bowl wins and the tradition and pride that it has established throughout the Rooney family ownership is seeing its reputation affected through allegations faced by its Super Bowl MVP quarterback Ben Roethlisberger. This is the second such allegation against Roethlisberger in two years. The first was not pursued by Lake Tahoe police, but it resulted in a civil suit against Roethlisberger.
On March 7th, it is alleged that after a night of partying in a college bar in Georgia, Roethlisberger sexually assaulted a 20 year college woman. This type of allegations are very serious, and generally speaking when something like this hits the press in relation to a professional public figure it usually alleges a crime of violence such as forcible intercourse or something just sort of that. Of course, it is just as likely that nothing happened, and ulterior motives are inspiring the allegations. However, once such allegations of sexual assault make it to the police, a serious and potentially life altering investigations begins, and the Roethlisberger matter is just that. Perhaps worse, due to the harsh “court of public opinion,” despite the Constitutional protections, Roethlisberger faces an uphill battle of clearing his name and defending his life and reputation.
At this point in time, Roethlisberger and his team of attorneys are handling such allegations the right way. Whenever such allegations are put forth, the police will be investigating and they will focus their investigations in two aspects.
First, they will attempt to gather evidence of the complainant’s demeanor shortly after the alleged crime, whether there is any evidence, physical or verbal from other corroborating witnesses, that she/he was indeed sexually assaulted.
Second, the police always attempt to give the accused an “opportunity to explain himself/herself.” This is nothing more than an attempt to obtain a confession. Seldom if ever will an accused go to the police, make a statement without the consultation and presence of an attorney, and get himself/herself out of whatever allegations were thrown at him/her. By hiring an attorney, the accused is assuring that the police attempted contact with him/her will always be screened by his/her attorney, and therefore the possibility of making incriminating statements is greatly diminished.
Roethlisberger is doing the right thing. He has hired an attorney and is making no statements. While the press is reporting that he is cooperating with the police, what is truly taking place is that the attorney is handling the investigation phase of this criminal matter. The attorney is the one who is making contact with the police, he is attempting to extrapolate additional information regarding the allegations, and he is insulating his client from making potentially fatal statements to the police.
When facing with such an accusation, the prudent and smart thing to do is to simply demand an attorney when the phone call from the police comes. That phone call will always come, as it is the easiest way for the police and prosecution to obtain a conviction through a confession. Hiring an attorney to handle such an investigation into a sexual assault is a well worth investment, as the penalties are very harsh, and convictions virtually always result in prison or jail time.
When facing with such an accusation, the prudent and smart thing to do is to simply demand an attorney when the phone call from the police comes. That phone call will always come, as it is the easiest way for the police and prosecution to obtain a conviction through a confession. Hiring an attorney to handle such an investigation into a sexual assault is a well worth investment, as the penalties are very harsh, and convictions virtually always result in prison or jail time.
The attorneys at the Law Offices of Raymond Cassar, PLC have over 45 years of experience of handling nothing but criminal defense. Handling criminal investigations and providing aggressive representation is all we do, and we are here to help you. For more information on how the attorneys at the Law Offices of Raymond Cassar, PLC can help you in such circumstances please feel free to call us: 248-855-0911 or 313-278-8811, or visit our web site at: http://www.crimlawattorney.com/
On March 7th, it is alleged that after a night of partying in a college bar in Georgia, Roethlisberger sexually assaulted a 20 year college woman. This type of allegations are very serious, and generally speaking when something like this hits the press in relation to a professional public figure it usually alleges a crime of violence such as forcible intercourse or something just sort of that. Of course, it is just as likely that nothing happened, and ulterior motives are inspiring the allegations. However, once such allegations of sexual assault make it to the police, a serious and potentially life altering investigations begins, and the Roethlisberger matter is just that. Perhaps worse, due to the harsh “court of public opinion,” despite the Constitutional protections, Roethlisberger faces an uphill battle of clearing his name and defending his life and reputation.
At this point in time, Roethlisberger and his team of attorneys are handling such allegations the right way. Whenever such allegations are put forth, the police will be investigating and they will focus their investigations in two aspects.
First, they will attempt to gather evidence of the complainant’s demeanor shortly after the alleged crime, whether there is any evidence, physical or verbal from other corroborating witnesses, that she/he was indeed sexually assaulted.
Second, the police always attempt to give the accused an “opportunity to explain himself/herself.” This is nothing more than an attempt to obtain a confession. Seldom if ever will an accused go to the police, make a statement without the consultation and presence of an attorney, and get himself/herself out of whatever allegations were thrown at him/her. By hiring an attorney, the accused is assuring that the police attempted contact with him/her will always be screened by his/her attorney, and therefore the possibility of making incriminating statements is greatly diminished.
Roethlisberger is doing the right thing. He has hired an attorney and is making no statements. While the press is reporting that he is cooperating with the police, what is truly taking place is that the attorney is handling the investigation phase of this criminal matter. The attorney is the one who is making contact with the police, he is attempting to extrapolate additional information regarding the allegations, and he is insulating his client from making potentially fatal statements to the police.
When facing with such an accusation, the prudent and smart thing to do is to simply demand an attorney when the phone call from the police comes. That phone call will always come, as it is the easiest way for the police and prosecution to obtain a conviction through a confession. Hiring an attorney to handle such an investigation into a sexual assault is a well worth investment, as the penalties are very harsh, and convictions virtually always result in prison or jail time.
When facing with such an accusation, the prudent and smart thing to do is to simply demand an attorney when the phone call from the police comes. That phone call will always come, as it is the easiest way for the police and prosecution to obtain a conviction through a confession. Hiring an attorney to handle such an investigation into a sexual assault is a well worth investment, as the penalties are very harsh, and convictions virtually always result in prison or jail time.
The attorneys at the Law Offices of Raymond Cassar, PLC have over 45 years of experience of handling nothing but criminal defense. Handling criminal investigations and providing aggressive representation is all we do, and we are here to help you. For more information on how the attorneys at the Law Offices of Raymond Cassar, PLC can help you in such circumstances please feel free to call us: 248-855-0911 or 313-278-8811, or visit our web site at: http://www.crimlawattorney.com/
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