Why is a GR City Commissioner Being Ticketed for this Common Traffic Maneuver?

[XLFD]

Many times have I been tempted to avoid the stoplight in front of the hospital at Jackson Road in Ludington while traveling west and wanting to make a left hand turn.  I could simply turn into the Jiffy Mart as if to get some gas, and then continue across.  But most of you know the avoidance of a stop sign or a traffic light by passing through public or private land is illegal, and is codified by the state in the motor vehicle code MCL 257.611 . 

Grand Rapids closed the intersection of Michigan Street and Fuller Avenue Saturday to rebuild it — a project expected to take two more weeks. It posted a warning Monday on its Facebook page that taking illegal shortcuts around the intersection was a ticket-able offense. It got a lot of media attention and several tickets were issued.

And among one of those ticketed was a GR City Commissioner named Senita Lenear.  I wish to come to her defense, and those of the other people that have been targeted in this obvious attempt by Grand Rapids to raise revenue under false pretenses.  But first her story: Just before 3 p.m. Tuesday, a Grand Rapids officer pulled over Lenear at Michigan and Fuller. On the ticket, police wrote she was driving east on Michigan, from Monroe Avenue, to the blocked intersection at Fuller before taking the shortcut. 

The officer ticketed her for using public or private property to avoid a traffic control device. She said she plans to pay the $170 ticket, which also includes 2 points on her license.  She wondered what criteria the officers had been using to ticket cars-- allegedly 100 were stopped and only 40 were ticketed.  A video about this story is included in the above link.

On Thursday, it was noted, a constant flow of cars — even a Rapid transit bus — took the illegal shortcuts. 

ANALYSIS:  By Thursday it seems, the GRPD were finally informed that what they were doing was illegal, and one could hope that they dismiss the tickets already given away, or suffer the waste of more resources to occur.  A strict reading of the state law ( MCL 257.611 section 2)they were trying to enforce says:

"The driver of a vehicle shall not, for the purpose of avoiding obedience to a traffic control device placed in accordance with this chapter, drive upon or through private property, or upon or through public property which is not a street or highway."

The concept of 'obedience' to traffic control devices mean that they must have some regulatory effect, such as a stop, yield, or merge sign, stoplights, and the like.  Barricades, road closed signs and indicators, and others are obeyed when a vehicle does not attempt to go through them or travel on the closed road.  Turning to avoid do so, is actually in obedience to such devices, and hence this traffic law should not be invoked. 

Perhaps the Grand Rapids Police are as greedy as the Kent County Sheriff's Office in trying to get more money than they are entitled to out of the pockets of members of their community?  Hopefully, Commissioner Lenear and other people ticketed will dispute it, and explore why their city's police force is so gung ho to threaten and enforce laws that just don't apply.

[XLFD]

Meanwhile, to the west of GR, Muskegon Police get some good public relations points in a video showing them doing something positive with the inner city kids.  Hopefully the officers were all caught up on writing their reports:

[Willy]

Very interesting. I wonder how many other laws, ordinances and codes are improperly misinterpreted and enforced. That's why it's so important that when a citation or notice of violation is received, the person receiving it should thoroughly research that particular law or violation. I have beaten several traffic citations because the officers improperly wrote the citation contrary to the law.

[XLFD]

Wrongful application of laws and justice are what motivates people to go against the established 'system', otherwise most folks believe the folklore established about how our system is supposed to work. 

The City of Ludington created their own worst nemesis in this regard back in 2008, first having their code enforcer notify me that they wanted to cite me for a junk ordinance because of the failure of their trash collectors to pick up garbage (after the flood) at the curbside.  Instead of correcting their mistake, they tried to lie about what they put out in the newspaper and what the collectors would pick up. 

Then second, having one of their peace officers ticket me while on my bicycle after I went through a totally clear intersection on my bicycle, an arguable ticket were it not for the illegality of the stop sign placement and the lack of any Michigan or local law that clearly intends for a bicycle to stop at a stop sign.  Followed by a series of unfortunate events with the city and local courts afterwards where I got introduced to the corruption and ineptitude of our local system, which has only been getting uglier since, despite some minor victories.

But you can bet anybody historically who muckrakes against the corrupt system in their community has either been personally affected or had someone close to them so affected by improperly acting officials.

[Willy]

It's unfortunate that many people in power take it personally if the law or their job performance is called into question. As you say, instead of correcting the problem they try to cover up, lie about it, change or manufacture information and attack those that recognize the problem. What exist in Ludington is a lack of oversight, except your efforts, to assure that those in power are acting legally and ethically. They have the attitude "we're in charge and if you don't like what we're doing then screw you". 

[XLFD]

WOOD TV filed  FOIA request to the GRPD for the dash cam video of the GR city commissioner being pulled over, and an excerpted part of that is in a video at this link, and I noticed a couple of things. 

One, the commissioner never mentioned her position or tried to 'pull rank' at the traffic stop. 

Two, that the signage in the lead on to the intersection (seen at about 00:55 into the video) was probably not adequately marked to suggest she was not obeying traffic control devices; a road closed sign is not disobeyed when someone turns to avoid the road closure.  

Three, the cop seemed a bit dismissive about her 'excuses', probably because they were repetitive of what he had already heard while enforcing law that doesn't seem applicable.  She was absolutely right that the police officers time might be better spent directing traffic than stopping motorists who had no intention of breaking any laws.

Commissioner Lenear did a great job, remaining respectful and cool during and after what many would have considered a bogus, revenue-generating stop.