My question involves a traffic ticket from the state of: Michigan
Before I start out I would just like to say thank you for taking the time and reading this, also whether fighting this ticket is morally wrong. I'm just looking at it from the law standpoint.
So this morning I was driving to the grocery store there was a blinking red light, being it was 12AM and no traffic I slowed down and proceeded with caution but didn't come to a complete stop, there was a city cop that was passing me as I ran the red blinking light. I drove a little ways up and the cop flicked me. I stopped and he asked if I knew what I was being stopped for, I listen to my music loud so I just assumed that he stopped me for having my music loud. He informed me that I went through the flashing red light without coming to a complete stop. When everything was said and done he gave me my ticket and the ordinance violation he listed is MCL 257.612 which states
"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; location of temporary traffic control signal.
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."
It's clear that this ordinance is talking about steady lights not blinking lights so I did a little research and there actually is an MCL that refers to blinking lights: MCL 257.614 and that states
"257.614 Flashing red or yellow signals; violation as civil infraction.
Sec. 614.
(1) If flashing red or yellow signals are used, they shall require obedience by vehicular traffic as follows:
(a) Flashing red (stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(b) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.
(2) A person who violates this section is responsible for a civil infraction."
Now MY QUESTION is if the officer doesn't amend the ticket to note the correct violation and it goes to trial, would I have grounds for a dismissal because MCL 257.612 is not the infraction that he is saying I'm guilty of?
Before I start out I would just like to say thank you for taking the time and reading this, also whether fighting this ticket is morally wrong. I'm just looking at it from the law standpoint.
So this morning I was driving to the grocery store there was a blinking red light, being it was 12AM and no traffic I slowed down and proceeded with caution but didn't come to a complete stop, there was a city cop that was passing me as I ran the red blinking light. I drove a little ways up and the cop flicked me. I stopped and he asked if I knew what I was being stopped for, I listen to my music loud so I just assumed that he stopped me for having my music loud. He informed me that I went through the flashing red light without coming to a complete stop. When everything was said and done he gave me my ticket and the ordinance violation he listed is MCL 257.612 which states
"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; location of temporary traffic control signal.
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."
It's clear that this ordinance is talking about steady lights not blinking lights so I did a little research and there actually is an MCL that refers to blinking lights: MCL 257.614 and that states
"257.614 Flashing red or yellow signals; violation as civil infraction.
Sec. 614.
(1) If flashing red or yellow signals are used, they shall require obedience by vehicular traffic as follows:
(a) Flashing red (stop signal). When a red lens is illuminated by rapid intermittent flashes, drivers of vehicles shall stop before entering the nearest crosswalk at an intersection or at a limit line when marked and the right to proceed shall be subject to the rules applicable after making a stop at a stop sign.
(b) Flashing yellow (caution signal). When a yellow lens is illuminated with rapid intermittent flashes, drivers of vehicles may proceed through the intersection or past the signal only with caution.
(2) A person who violates this section is responsible for a civil infraction."
Now MY QUESTION is if the officer doesn't amend the ticket to note the correct violation and it goes to trial, would I have grounds for a dismissal because MCL 257.612 is not the infraction that he is saying I'm guilty of?
Traffic Lights, Signs and Controls: Wrong Ordinance Violation on Traffic Ticket
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