Ticket trouble: Are cops targeting out-of-town drivers?

Nothing can ruin your vacation faster than a speeding ticket, particularly if you were going just a few miles an hour over the limit. It’s almost as if the cop was waiting for you behind a tree and pulled you over because your car had out-of-state plates.

Targeting tourists is nothing new. Police know you won’t be around to fight the citation, and will probably just pay the fine. So what’s new? It may be happening more often in certain parts of the country.

Betty Facey returned her rental car to the airport in Romulus, Mich., last week, when …

I was getting ready to exit and was going about 60 in the right lane — 70 speed limit — and noticed an unmarked police car with its flashers on the shoulder. He didn’t have anyone pulled over, so I just assumed he had not gotten back on the road. I did have the sense that other cars were moving from the right lane into the center lane, but didn’t give it much thought. The next thing I know, the cop pulled me over and asks for my license.

I gave it to him with the most dumbfounded look on my face. He then looks at my California license and asks if I am driving a rental car. Given that the car had Indiana plates this wasn’t too difficult to figure out – I said “yes.”

He informs me that I failed to yield for an emergency vehicle (him) in that since the center lane was clear – the law in Michigan is that I must move to the center lane. It was very evident to him that I had no idea about this law. He asked if I had a clean record – I said yes. I figured he would check it out and give me a warning.

Wrong. The officer handed her a $150 ticket, and when she asked him why, he muttered something about being “on detail.” Facey says she feels as if she was unfairly singled out because she was not from Michigan.

I also think he was using this “failure to yield” as an excuse to look for other things — i.e. seatbelt — but when there was nothing else, he ticketed me for this Mickey-Mouse item. He then had the gall to tell me I should drive more safely.

Facey is determined to fight the ticket. She contacted an attorney in Michigan, who confirmed that the state was paying “massive amounts” of overtime in March to increase ticket revenue.

Interestingly, there’s a rumor that Michigan is targeting motorists with unmarked vehicles in an initiative called Operation Yellow Jacket.

The state insists it’s nonsense.

The Michigan State Police (MSP) wants citizens to know that a widely distributed e-mail message about a “31-day speeding ticket frenzy” in Michigan titled “Operation Yellow Jacket” is completely false. There is no such effort underway at this time, or any time in the future, to generate revenue through the issuance of traffic citations. Citizens should regard the “Operation Yellow Jacket” warning as nothing more than an urban legend.

As a reminder, MSP traffic enforcement initiatives always involve a uniformed officer in a marked patrol vehicle.

Was Facey just in the wrong place at the wrong time, or was her citation part of a broader initiative that the state denies? Maybe she’ll find out when she does what police had hoped she wouldn’t do, and fights the ticket in court.

  • SirWired

    Errr… if you do a little research, you will see that CA (where the poster is from) also has a law requiring you to scoot over a full lane away from emergency vehicles, if possible. (CA Code Section 21809.) It has been in place for two years.

    In fact, if you look at this website (http://www.moveoveramerica.com/) most of the states in the country have such laws.

    They were enacted due to a fairly large number of emergency workers being killed on highway shoulders due to inattentive drivers drifting off the road.

    SirWired

  • Patrick

    Ignorance of the law is not, and shouldn’t be, an excuse.

  • Mike

    In my state (Ohio) is it move over -OR- slow down for emergency vehicles. She certainly wouldn’t have gotten a ticket here for doing one or the other. In Michigan it is both and one needs to be aware that those signs are all over Michigan highways. In the end she may have ben targeted, but she should have been paying attention and I doubt the ticket will go away.

    I still have to laugh though when anyone involved with local or state government tries to tell you that tickets are all about safety and not money. If that were the case, court costs wouldn’t be $150 a pop for 5 minutes in front of a judge and cities wouldn’t be putting up red light cameras everywhere with estimates of how much revenue they’ll generate. Luckily at least in Ohio they have mostly done away with mayors courts because of the conflict of interest when the person judging you is also responsible ffor the city’s coffers being filled.

  • Amanda

    Massachusetts also has a similar law. It imposes a $100 fine for not obeying the law, and if you can’t move over safely, you must at least slow down “to that of a reasonable and safe speed for road conditions.”

    I think she can try to fight the ticket if she wants to, but if I were the judge, I’d agree that her speed was unsafe in this instance. Luckily there wasn’t a road crew working, or the cop didn’t step out of his car at the right time, but 60 is fast enough to kill someone. I’m not insinuating that she would have hit someone, but better safe than sorry!

  • Joe

    I live near DTW, and they actually have signs in the airport terminal warning drivers that cops frequently and aggressively patrol the area near the airport. Good for the airport, but it’s created a bit of a rift with local police departments. It’s obviously a huge revenue-generator.

  • Real Goose

    Todays Detroit Free Press has an article that says the Romulus police department is running a speed trap in the area of Detroit Metro Airport and is listed at speedtrap.org.

    The Wayne County airport police have resorted to parking on roadsides with lights flashing to warn about Romulus cops staked out ahead. The mayor contends the crackdown is justified, but a Michigan State Police spokesman who would not speak specifically about Romulus, spoke about turning police patrols into cash registers and risking undermining confidence in their departments.

  • Chicky

    OK. So how in the world was Ms. Facey supposed to get off the freeway from the center lane? Gee, I always was under the impression you got in the right lane to access the exit lane. If she had moved quickly into the exit lane from the center lane, what do you want to bet the trooper would have zinged her for improper lane use?

    I understand the law about moving over to keep from hitting road workers, etc., but I have to believe the trooper knew he had a pigeon when he saw the tag.

    I want to hear how this one turns out.

  • Lee Morelli

    An unmarked police car in not generally known as an ‘emergency vehicle’ unless it has approved emergency lighting (not the manufacturer installed 4-way flashers) and siren activated. Unmarked police cars are unmarked so the public will not know they are police cars.

  • Lianne

    it is my understanding that the purpose of “move over laws” were to protect emergency personel who were outside of their vehicles. I would argue that these laws don’t directly make anyone safer as inattentive drivers will remain inattentive drivers whereas attentive drivers wouldn’t hit people in the first place. The only good thing about them is that they tend to set up harsher punishments for violators, but I digress.

    The Michigan statue seems to be a little vaugely worded at parts, but unfortunately for Ms. Facey it seems as though as long as the officer had his lights flashing he was within the law to stop her and issue her a citation.

  • Lianne

    Doh! I meant to say “The only good thing about them is that they tend to set up harsher punishments for violators who do strike an emergancy worker”

  • Katie

    In TX, the law is that you must move over or go 20 miles below the speed limit if the emergency vehicle is on the shoulder with their lights on. They can’t just sit there without their lights on and catch you for driving by. I know they have started cracking down on this law more, and I understand the law – far too many officers and other emergency personnel have been killed while working on the side of busy highways…But, I would suggest checking to see if the MI law is for all vehicles – or just those who have their flashing lights on…

  • http://www.twc.ca/mp3 Stephen Pickford

    I would fully agree that an unmarked car with just his flashing lights on does not meet the definition of an “emergency vehicle”. This was clearly a sting operation near the airport. Funny that the Michigan police have enough manpower to collect fines from unwary tourists while their own cities are decrepit garbage-pits over-run by gangs and with more crack houses per capita than any other state. How many robberies were being committed within a few miles of Constable Cruller???

  • Bela Fleck

    Emergency vehicles don’t require the siren to be defined as emergency vehicles as long as the lights are going. The lights are usually installed somewhere out of sight these days until they’re activated, but you can definitely see them quite well when they’re going. I can assure you when the police are sitting on the side of the road, they are not going to leave the siren blaring – that’s reserved for moving traffic out of the way in a serious emergency when the emergency vehicle is moving at a high rate of speed. And perhaps the person in question used the term “flashers” to mean “emergency lighting.” Lots of people do.

    I agree ignorance of the law should never be an excuse, although ignorance of obscure laws in other states might be a good reason to give a warning instead of a fine. However…since so many states have enacted similar laws in recent years, I’d say that while this one seems to be rather obscure for a lot of us, it shouldn’t be, and she shouldn’t be let off the hook so easily, either – especially since it’s a law in her own state.

    Above all, however, common sense is the best indicator of what to do on the road, and strangely, it’s how we got most of our traffic rules. If you see someone pulled over on the shoulder, it’s best to get over in the left lane if possible. There’s a lot we don’t know about this situation here. She says she was preparing to exit and thus was traveling in the right lane at a somewhat reduced speed. But we don’t know how far down the road the exit actually was. It might be possible that she had room to get over into the left lane, then back into the right lane in plenty of time before her exit.

    Of course, with nervous out-of-town drivers, I think she probably still merited a warning on this one. But sometimes whether a warning is issued in lieu of a fine depends on a) the attitude of the driver and b) the attitude of the officer in question. Sometimes it has absolutely nothing to do with any conspiracy by any local police force that happens to be patrolling the area.

  • Sue Wasolek

    Recently, I too was stopped by a Romulus cop in that area and I’m a Michigan resident. He also told me he was “on detail”. Not sure I know what that means. He said he clocked me at 55 in a 45 mile per hour zone. Come to find out they sit in that same spot just to catch speeders coming out of the airport trying to get on I-275. He also told me I could fight the ticket so that I wouldn’t have any points go on my record. Since I have a great driving record, I decided to to that. When I got to the court I was told I could have the points waived for another $35.00. To me that sounds like extortion!! They sure must need the money in Romulus!

  • Judi

    I’ve never driven in Michigan but there are other states with this same rule. I drove through Utah and Idaho last fall and they have the same rule, however, every mile or so a sign is posted on the road telling you to move to the left if an emergency vehicle is on the shoulder. Saved my hide since I saw many such vechiles during my drive.

  • Josh

    The thought behind laws like this is good (create a mindset to be aware and give space to emergency workers), but the actual wordings and enforcability are not, and $150 is a ridiculous fine for a first-time offense. She was going WAY below the speed limit already, for goodness sake.

    Beware — if your state has such a law, and I’m driving an out-of-town vehicle in it and see any vehicle on the side of the road, I’m going to *jam* on the brakes to get to 20 below AND swerve into the center lane. Residents should expect this and watch out for it…

  • Kathleen Pierz

    There is a HUGE (over 4 feet tall) brightly colored sign in the Detroit Airport stating that area law enforcement has stepped up its patrols and enforcement in and around the area – she had to walk past it to get out of the terminal. Regardless of enforcement, the law is the law. Officers put their lives on the line daily, the least we can do is follow laws that help keep them safer – and yes, getting a ticket stinks.

  • Me

    You also have to realize, that although the Michigan State Police does not have a ticket-push right now, local police agencies can do whatever they want. Just because the MSP denies a March ticket frenzy does not mean the City of Romulus is not doing one…

  • noah

    Even if there were no such law in California, I have very little sympathy when people complain that they got pulled over for violating the law.

  • Gypsypoet

    Please, people, the cops are constantly trying to give tickets–and seem to be much better at it than actually going after people who steal from, murder or rape someone (based on my personal experience). I don’t trust the police and feel the police force has only themselves to blame for their high-handed, righteous attitude. I know when I deserve a ticket and I know when I don’t. Fully 50% of tickets in Chicago are undeserved. But, tickets generate over 5% of the city’s budget–What do you think is going to happen?! Seems the same sort of thing is happening in Michigan. I hope Betty wins her fight. Once again, personal experience tells me she won’t. Good luck, Betty!!! Please keep us posted.

  • Mr Bad Example

    Having spent a fair amount of time in MI over the last nine years I can tell you that this particular law is one they are totally anal about and that was before the states economy imploded. The other one they love to enforce is the one regarding merging into one lane for construction at the beginning of the cones. It’s actually a good law that keeps traffic moving.

    MI is a bright shing example of the failure of Liberalism as they are now resorting to using the police to collect revenue to fund their failed policies.

  • Jennifer (the other one)

    I didn’t realize ‘move over’ laws applied to unmarked vehicles parked on the shoulder, not actually doing anything. As though people hitting the brakes when they see a police car isn’t dangerous enough, now they’re supposed to swerve to the left as well? That’s going to cause more accidents than it prevents.

  • Consumer Equalizer

    To those who side with the police and want to blame the consumer here, don’t try and tell me cops never give out bogus tickets.

    Years ago in Houston, I was on the feeder, doing the feeder speed limit, then got on the on ramp and then started accelerating to the appropriate highway speed limit, and then found the cops were pulling over EVERYBODY entering the highway. No, there really were no people getting by them onto the highway, it was a speed trap roadblock set to sweep all cars aside for tickets no matter what. The ticket was for speeding faster than the feeder street speed never mind the fact that DUH we were getting on the highway on the on ramp.

    Didn’t matter. I was livid and contacted an attorney, insisting on fighting it. He shows up at court and says, well, if you want to spend a day in jail, get fined $2000 on top of my fees, and sit here for 7 hours before you are called, then sure, we’ll fight it, but I have to tell you, I’d rather help the honest defendants that will go ahead and admit wrong doing and pay the small fine then help someone like you.

    Needless to say, I don’t trust anyone in the court or the police system in Houston after that.

  • Kevin M

    Several points:

    1. Speed traps are real. They have been well documented by both independent groups and by “higher up” government bodies (i.e. state auditors checking out local towns where speeding fines represent upwards of half the town revenue). Whether this one is such a case is debatable, but I would argue that if the cop is sitting inside his car, with the lights flashing, and has no one pulled over – and then stops someone for not moving to the center lane – then it’s the equivalent of a speed trap. The law is to protect emergency workers who are out of their vehicles, not to give a reason to park a police car and then pull over anyone who doesn’t avoid it enough.

    2. The $150 “fine” is probably, in actuality, a $25 fine coupled with $125 or so of court costs. Court costs are a separate but nationwide scandal, where legislators and city councils, unwilling to vote for taxes to pay for the services they want to have, instead assess “court costs” against defendants in all proceedings, including traffic violations, to pay for whatever the locals want. So of that $125, $20 goes to the Clerk of Court Retirement System, $20 goes to the Clerk’s Computerization Modernization Fund, $25 to the Regional Crime Lab Development Fund, and so on. The premise is that the court cost is a “fee”, not a “tax”, but the “fee” bears no relationship with any benefit received from paying it.

    3. Yes, police do target out-of-state drivers whenever possible, when the pressure is on to raise revenue. There doesn’t have to be a direct quota; there doesn’t have to be any sort of organized program. The head of the police agency just has to let the word be known that due to budget constraints, there will be cutbacks, etc. unless revenues improve. Cops on patrol know what that means – get the numbers up. And an out-of-state driver is far less likely to contest the ticket, since that requires a personal appearance on a return visit.

  • What Happened to Protect and Serve?

    I received a ticket on January20, 2009. I was driving southbound on Merriman Road. I was having a medical emergency. There is no shoulder to pull over on. I know there would be a turn less than a quarter of a mile a head so I focused on getting there. There was a cop under the over-pass who immediately pulled me over at my intended destination.

    Once the officer arrived at my door I opened it and became sick at his feet. He never asked was I okay? He never checked to see if I were drunk. He never asked for my license, registration, proof of insurance nothing. He simply asked if this were my car? I said yes and he came back with a $120.00 ticket.

    I petitioned to fight the ticket the “court date” was March 27, 2009. I got there and signed in with approximately 100 other people. Finally when my name was called a man with a folder with my information in it looked in the folder and told me that he saw that I had a perfect driving record and probably would like to keep it that way. He proceeded to tell me that he could make a deal with me.

    I told him what happened and that I wanted to go before the judge. He said that the officer had nothing like that in the report. I told him I was not driving a lone. I had a witness. He asked if I wanted a formal hearing with an attorney there or an informal hearing with the judge. I opted for the informal. He than said, that I would receive a notice approximately 6 to 8 weeks in the mail with a new court date.

    I got a notice on April 3, 2009 stating that I failed to appear in court and now the total fine was $145.

    Oh my God! Is there no justice? Or, can these people hijack and mob bully me into accepting having to pay a ticket that was unjust and receive points not earned? What can I do?

  • spacenavigator

    The credit card lending fraud frenzy is rubbing off on politicians who take lessons from it to order their police departments to steal. The entire country will soon be like Mexico-official corruption.

  • justvisiting

    The woman who got a $150 ticket for failing to pull over for an unmarked car that wasn’t actually performing any actual purpose was robbed. I’ve found that there’s only one way for out of towners to fight back in this situation, and it won’t work for everyone.

    Years ago I got a $140 ticket while driving 77 in a 70 mph zone in the middle of west Texas. I hadn’t seen another car or even a gas station for miles, and I thought the fine was outrageous since I was only 7 miles over the limit in a vastly unpopulated area. I paid the ticket when I got home and have not been back to Texas since. Before that incident I had spent plenty of vacations in Texas, ran the San Antonio marathon, spent a week in Galveston/Houston, enjoyed a July 4th weekend in Kemah, went to Austin for the music festival, etc. Now I find other places to vacation where I’m not getting gouged by small towns looking to tax tourists in this way….there are plenty of options.

    For $140, the state’s tourism department lost thousands of dollars in vacation spending from a once loyal visitor. If everyone did this, the dip in tourist spending would eventually offset the gains in ticket revenue.

  • Betty Facey

    Hi All
    I am the infamous Ms. Facey who was the subject of Mr. Elliott’s blog above.  Yes, California had a law at that time, but it is almost never enforced unless there is a safety issue involved and certainly was not widely publicized at that time.  Since more people actually want to live in California than Romulus Michigan – there are usually too many cars on the road to actually “move over” which is why a mountain was not made out of a molehill about this law in California.

    And for those who want to think its all about safety the city attorney’s office couldn’t plead my ticket down fast enough once he saw I had an attorney.  The ticket was changed to “double parking” (sound reasonable as you are going down the highway at 60 mph) - this way I got no points and the city still got there money (about $180 when all was said and done).  Plus I paid my attorney $250 for his services.

    I agree with “justvisiting” and also extract my pound of flesh from the City of Romulus.  I NEVER do any business in that city.  I make it a point to stop for gas before I hit the city limits and will never spend a dime in that city again.  Plus I tell all my friends to watch out for the Romulans – become a bit of a running joke – which the city and its police force totally is.

    I would have posted sooner but just happened to come across the blog today.

    Betty Facey

  • Betty Facey

    Bela – please let me enlighten you as to my particular situation.  A ticket was issued because the cop was ON DETAIL.  This means he has a QUOTA!  My attitude couldn’t have been more respectful and my sense is that he actually felt a bit sheepish about it but QUOTAS are QUOTAS!  So while I appreciate the fact that you would have given me a pass – that was NOT going to happen unless I was the cops’s girlfriend.

    As to how far down the road the exit was – it was IMMINENT.  As in a 1/4 mile.  Betty

  • Betty Facey

    Kathleen – let me enlighten you.  Said officer did NOT put his life on the line sitting in his EXPENSIVE unmarked dodge charger with his lights flashing.  This is a revenue issue – NOT a safety issue.  Trying to paint this issue as anything but a REVENUE issue is just simply wrong!

  • Betty Facey

    That’s nice to know that you have very little sympathy for me.  You must follow all laws to the letter – wow it must be fantastic being perfect.  However when you get a ticket for going 56 in a 55 zone I expect that you will thank the officer PROFUSELY and not complain since you violated the law.

  • Beligered

    like some of the laws that prohibit your gay lover from being in the same bedroom as you….

  • Daniel Chapman

    Sorry about your experience, Betty.  Our city has a reputation for the revenue generated by traffic tickets, especially those going to the airport. 

    Our town is small and believe it or not, the airport doesn’t pay taxes.  The airport continues to expand and take over more land, which in turn causes more land to become tax free.

    So, it’s this little town that is dwindling… and I don’t think that the tickets-as-revenue strategy is doing us any benefit.

    But I just want to point out:  the businesses in town aren’t the one who came up with this strategy, it’s the police department.  (and this is said by someone who is looking forward to probably paying off a relative’s speeding ticket, which is why I searched on these terms in the first part)

    (oh, and before someone else says that these things are “liberal policies,” like someone said above.  We’ve had a Republican led state senate this entire time, along with a state Governor for a while now.  The republican blocking of raising any taxes, coupled with the lowering of property taxes that is the natural result of lower property values, has led to some governments being forced to pick idiotic ways to raise revenue like this whole “let’s give everyone tickets” crap.)

    I wish there was some way I could vote on this sort of thing, but in the mean time, I definitely understand your frustration and agree with it.  but — don’t blame the guys running local restaurants or even the gas stations.  They happen to just live here, same as me.

  • http://profile.yahoo.com/LJZ32GNL5V6SGSUVD6K4MS4J7Q Elizabeth Facey

    HI Daniel,
    Your empathy for my experience is much appreciated.  When you don’t live in a town, you just come to assume that the town supports the awful police tactics