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"But Deputy, I wasn't Speeding!" Michigan's Basic Speed Law PDF Print E-mail
Tuesday, 19 February 2008
ottawa county deputy ticket

WZZM13 aired an article last night that showcased a common misunderstanding of Michigan motorists that I hope to try and clear up here.

The article is about a 6 car pile-up that occured on I-196 last Sunday where Debra Johnson was driving along in white out conditions. She came upon a crash on the highway that had already occured and rear ended one of the cars involved. She was ticketed, according to the article, by a Deputy with the Ottawa County Sheriff's Office. Now before we discuss this, here is an excerpt from what is known as Michigans' Basic Speed Law (MCL 257.627):

(1) A person operating a vehicle on a highway shall operate that vehicle at a careful and prudent speed not greater than nor less than is reasonable and proper, having due regard to the traffic, surface, and width of the highway and of any other condition then existing. A person shall not operate a vehicle upon a highway at a speed greater than that which will permit a stop within the assured, clear distance ahead.

  Now, I started to bold some of that law and realized the whole thing is simply put and important. The basic jist of the law as it pertains to this incident is twofold:

  1. If you are unable to control your vehicle due to the road conditions you are travelling too fast regardless of the speed limit on that roadway.
  2. Regardless of road conditions you must travel at a speed that will allow you to stop your vehicle safely

  Click the "Read More" link to read the rest of the article

I don't want to pick on or unfairly criticize Ms. Johnson, but I will use her case as an example because it is a very public one. 

Now, I realize that sometimes laws do not follow logic or conventional wisdom, but that is not the case here. Michigan roadways are built on a system of trust and enforcement. When you are travelling on a rural, two-lane, 55 mph road you are passing cars at a combined speed of 110 mph or more, but we trust that other driver, literally, with our life. We trust they will not violate the law by crossing the centerline and causing a crash. If they do, we expect enforcement action to be taken.

In this case, the drivers involved in the previous crash in this incident trusted that Ms. Johnson would be travelling at a speed that would allow her to stop safely given the road and visibility conditions at the time as Michigan law requires.

Ms. Johnson's reasoning in the article for not slowing down was that she was afraid she would be hit from behind by another vehicle. Ms. Johnson failed to have trust that others would follow the law and in doing so violated the law herself and enforcement action was taken against her. 

Click here to read the article from WZZM13 in Grand Rapids

 
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