Out of state ticket - flashing red light

[cathyr1025]

I'm from Ohio, and after what turned out to be an unpleasant vacation in the UP (MI), we were down in the Plymouth area (MI). After visiting someone, (taking 275) upon my return to Plymouth, the exit/on ramps were closed (everything was open when I left). I drove further down the highway and tried to make it back to Plymouth. I do not know the area at all. After two unsuccessful attempts at getting directions, I was quite flustered and quite lost. I'm a woman with two small children (not with me) driving a minivan, trying to find something I recognize, when I see flashing lights in the rearview. The officer asks for license and registration, then tells me I've run a flashing red light. I said "what light?" I can't see anything in the mirror because I was being blinded by his search light. I tell him I'm lost, not from the area, been driving around for 1/2 hour, and am just trying to find my way to Plymouth. I repeat the lost part several times. He asks me if I'm from Plymouth (he's got my OH license and reg. in his hand) and he goes back to his car for several minutes, comes back and hands me a ticket, tells me he's keeping my drivers lisence in lieu of bond, and tells me to have a good night! I went to their local court today, and received no help with info on what to do. Didn't have the $115 in cash to get my license back, so I have to return in two weeks to go to a court hearing. (Magistrate)

Since I've never received a ticket before, what are my options? They asked me how I wanted to plead. I told them I didn't know. They asked me if I wanted the officer there, I said I didn't know. Once again, no help. I truly don't recall any flashing light, probably because I was just trying to find something that I recognized. Oh, and it took me another 45 minutes, but I finally found my way back the 6 miles to Plymouth. The officer never offered the directions I asked for. Just ignored me. I got my ticket in Canton. I will be filing a grievance after this whole ticket thing is resolved.

Sorry for the long explanation. Thanks for any help that you can give!

[fredjacksonsan]

Cathy, first of all Welcome to AF.

As far as your ticket - the key here is the flashing light. Since you didn't see it and don't remember it, is it possible you drove through it without realizing it? We've all been lost, and I know the frustration that can set in, especially in an area far from home.

Did you by chance go back to where you got the ticket to have a look around? I don't think the officer would have pulled you over if there hadn't been some reason.

In any case, since you have to go to the court, make sure you have the $$ to pay the fine. In your shoes I'd be inclined to plead "no contest" and tell the judge that you're sorry but you were lost, it was night, you were far from home and in a very unfamiliar area. They may let you off with a warning if the judge is kind, or they may charge you a fine for running the flashing red (same as not stopping @ a stop sign here in VA).

Hope that helps. I don't want to be negative, but it seems that since you didn't see the light...you didn't see the light and the cop did. Basically (sorry about the cliche) you're throwing yourself on the mercy of the court. The worst off you should be is paying the fine and getting a couple of points on your license. Best off is that they drop the charges.

[cathyr1025]

Thanks for the info. I spoke with my m-i-l who is a retired lawyer, and she gave the same advice.

Does anyone know if points carry over from MI to OH? Wouldn't you know it's time for insurance renewal!

[fredjacksonsan]

Originally Posted by cathyr1025

Thanks for the info. I spoke with my m-i-l who is a retired lawyer, and she gave the same advice.

Does anyone know if points carry over from MI to OH? Wouldn't you know it's time for insurance renewal!

You're welcome.

Don't know about the carryover, but I do know that if your process your renewal before you go to court, there's not yet a record of conviction....

Good luck with it.

[copcarcrzy]

Originally Posted by cathyr1025

Thanks for the info. I spoke with my m-i-l who is a retired lawyer, and she gave the same advice.

Does anyone know if points carry over from MI to OH? Wouldn't you know it's time for insurance renewal!

NO the points DO NOT carry over, thats why they held your license, to get your money

[cathyr1025]

I called and spoke with one of the prosecuting attorneys (not the one that I'll have), and he said that I would probably have my charge reduced to Impeding Traffic, that I would have to pay the fine ($115 + about $35), but I wouldn't have points on my license. Now, if I agree to this before I go before the magistrate, do I not get to tell my side of the story to the magistrate, or can I still tell him, and possibly get it reduced even further? Or, once I agree, it's a done deal.

[fredjacksonsan]

Sounds like what he's suggesting is a Plea Bargain. They agree to reduce the charges to a lesser offense, in return for you pleading guilty to that lesser charge. So it's a lesser offense, but you are admitting you did something. It's easier and quicker for the courts to process that way, instead of a trial, lawyers, evidence, etc.

Before accepting the deal, you may want to find out what the fines are for the original offense. The law section should be listed on the ticket, and you should be able to call the court and ask what the fine is for that section of the law(and the points, by calling DMV)

But generally, if you can have the charges reduced, only pay a fine and get no points, it's a decent deal. If you can do it through the mail and get your license back that way, so much the better.

[Igovert500]

Originally Posted by fredjacksonsan

But generally, if you can have the charges reduced, only pay a fine and get no points, it's a decent deal. If you can do it through the mail and get your license back that way, so much the better.

As long as there are no points, paying a small fine like that is better than wasting gas driving out of state to argue with a prosecutor/judge. Say the judge just had a bad day...no reduction. He finds you guilty, and you just wasted the gas and tolls money, and day off from work, to drive out of state and still end up paying the original ticket. If you can get a plea bargain, excellent. And if the prosecutor you are going to deal with, doesn't suggest it, don't be afraid to try and suggest it. I've suggested it and gotten the prosecutor to agree to one 2x myself now. So it does work.

[copcarcrzy]

ALSO...

Depending on who wrote the ticket... IE: State Police or small town, some places offer trial by phone.. you will have a conference call with the DA and they will decide by phone, this saves the cost of drivng.. my court system does this all the time

[cathyr1025]

Well, it's now concluded. I went up to MI yesterday, and did the court thing. There was no prosecuting attn. like I was told there was going to be.
You signed in, and were called up to the magistrate in order of sign in. I guess the police dept. has the option of reducing your ticket or not. The people preceeding me received reduced tickets and no points. #1, not stopping at stop sign and causing bike to run into her. #2, turning right on red. #3, turning left at a light (while green) and causing accident. And then one other guy after me that got his ticket reduced but I don't know what his infraction was. All of their tickets were reduced to impeding traffic, which is what I was hoping for. I didn't get that. I got my ticket reduced to running a traffic sign and two points. Now, what made me so different than everyone else??? I told my story to the magistrate, and he told me I could come back and fight it. I didn't want another six hours of driving time, so I just payed the damn thing. UGH!!! Oh, and when I told the magistrate that I truly didn't see a flashing red light, he told me that they had problems with people running that light, so they're keeping an eye on it.

Comments anyone??

[copcarcrzy]

Originally Posted by cathyr1025

Well, it's now concluded. I went up to MI yesterday, and did the court thing. There was no prosecuting attn. like I was told there was going to be.
You signed in, and were called up to the magistrate in order of sign in. I guess the police dept. has the option of reducing your ticket or not. The people preceeding me received reduced tickets and no points. #1, not stopping at stop sign and causing bike to run into her. #2, turning right on red. #3, turning left at a light (while green) and causing accident. And then one other guy after me that got his ticket reduced but I don't know what his infraction was. All of their tickets were reduced to impeding traffic, which is what I was hoping for. I didn't get that. I got my ticket reduced to running a traffic sign and two points. Now, what made me so different than everyone else??? I told my story to the magistrate, and he told me I could come back and fight it. I didn't want another six hours of driving time, so I just payed the damn thing. UGH!!! Oh, and when I told the magistrate that I truly didn't see a flashing red light, he told me that they had problems with people running that light, so they're keeping an eye on it.

Comments anyone??

Well in michigan cops tend to pick on ohio drivers (michigan is a non-compact violator state) which means simply this. when they cite you for a violation they take your money. because if you refuse to pay they cannot suspend your license, so they either take your license or your money. Now if they take your license and you refuse to pay,( and get a new license) be advised if you return to the state of michigan and are caught for a violation, YOU WILL GO TO JAIL !!!!!, so its eaiser to make and out of stater pay the fine.. VICE VERSA FOR OHIO...

NOW any other stae xcept Michigan, if you get a ticket, and refuse to pay they send a notice to ohio to suspend your license..