Failure to Use Due Caution

[EducatedXbox]

Jurisdiction

Michigan

Hello Everyone,

I recently got cited/ticketed for "Failure to Use Due Caution." My story is below... Thanks for taking your time to listen and giving advice!

So this was a Monday morning (great start right), I just entered the freeway. I have an hour plus drive to and from work, so in order to save money and gas, I do NOT speed. Here, the speed limit is 70mph, which is what I was going on cruise control.

A couple miles later on the freeway, I saw a couple police cars on the right shoulder while I was driving on the slow lane. There are only two lanes in the freeway. I turned my left turn signal on to show that I was attempting to move to the left lane, but this blue truck decided to speed up right after I turned my signal light on. I'm not sure if there was a car behind me or not either. So in reality, I was not able to avoid the two police cars and the vehicle they stopped. I attempted to inch closer to the left land even though I couldn't move over. I couldn't slow down because it was too late and I may have caused another accident which way worse.

So here I am getting pulled over. Is there any advice that you can give me? Do I need a lawyer to fight this? If so, what is the estimated cost would you say for a lawyer?

Please keep in mind that this is my first offense. I have fought a ticket before this and all I had to do was pay the fine and receive no points. I don't know if that will factor in for this court date, so I just mentioned it anyway.

Again, thank you for listening and I'm looking forward hearing from you.

 

[army judge]

Hello Everyone,

I recently got cited/ticketed for "Failure to Use Due Caution." My story is below... Thanks for taking your time to listen and giving advice!

So this was a Monday morning (great start right), I just entered the freeway. I have an hour plus drive to and from work, so in order to save money and gas, I do NOT speed. Here, the speed limit is 70mph, which is what I was going on cruise control.

A couple miles later on the freeway, I saw a couple police cars on the right shoulder while I was driving on the slow lane. There are only two lanes in the freeway. I turned my left turn signal on to show that I was attempting to move to the left lane, but this blue truck decided to speed up right after I turned my signal light on. I'm not sure if there was a car behind me or not either. So in reality, I was not able to avoid the two police cars and the vehicle they stopped. I attempted to inch closer to the left land even though I couldn't move over. I couldn't slow down because it was too late and I may have caused another accident which way worse.

So here I am getting pulled over. Is there any advice that you can give me? Do I need a lawyer to fight this? If so, what is the estimated cost would you say for a lawyer?

Please keep in mind that this is my first offense. I have fought a ticket before this and all I had to do was pay the fine and receive no points. I don't know if that will factor in for this court date, so I just mentioned it anyway.

Again, thank you for listening and I'm looking forward hearing from you.

Yes, the law requires you to attempt to safely transit to the passing lane when approaching an emergency vehicle on the shoulder.

If you can't SAFELY move into the passing lane, or there is only one lane of traffic, you are then required to drop your speed to 20 MPH below the posted limit, or in some states to the lowest posted speed limit.

In Michigan I believe when traveling on an interstate highway, the posted minimum is 45 MPH, maybe even 55MPH.


This site allows you search using the citation number and other data to determine what fine might be charged:


Payable Ticket Search Page


Information on MI speed limits:


Michigan Speed Limit



In Texas we are required to drop our speed if we can't change lanes 20MPH below the maximum, I always reduce mine to 40 MPH, better safe than sorry.