My little brother wasn\’t answering his phone so I got worried for his safety. I was told that he was going to a friends house but turns out he didn\’t end up going. I kept calling him to check his safety but the call kept going to voicemail. Out of panic, I started to speed to my house so I could check on my brother. I got stopped for 85/45. What can I do?
The short answer: not much.
Michigan law provides for an exception to police and fire department vehicles operated during certain emergencies. MCL 257.632. You do not fall within this exception.
There is a doctrine called the sudden emergency doctrine, which is applicable as a defense in automobile negligence cases. However, a violation for exceeding the speed limit is not a negligence case.
You could try to change the officer’s allegation that you were speeding. You coukd also challenge the form in which the ticket was filed, if it was filed incorrectly. To do so, you would need to request a formal hearing. I recommend that you hire an attorney to do so.
Sincerely,
Matt Vititoe
Attorney at Law
Licensed in Michigan
