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Sent on the Sprint® Now Network from my BlackBerry® From: "jon" <jon1843@sbcglobal.net>
Date: Fri, 23 Jul 2010 14:59:02 -0400 To: <nhadous@hadousco.com> Subject: My case with Dearborn Heights police dept. Dear Mr. Hadous,
We talked on the phone this morning and you
requested that I send you some details regarding two recent traffic citations
that I believe to be part of the illegal money making operation of the
Dearborn Heights police department.
I received two citations approximately one month
apart in the same area for similar alleged infractions. I fought both with
the same magistrate who barely gave me any time to hear my case and both times
warned me before I even started that he had heard others argue and would likely
rule against me, which he did. I appealed both cases to formal hearings
with Judge Turfe, representing myself, and lost both cases despite what I
believe were very solid arguments, especially for the second case. The two
case numbers in the order they occured are F323368/C132313 and
F328505/C133125.
There are two west exits onto east bound Michigan
Avenue at the Home Depot location right next to the police department.
Both exits are across from a lane that turns into a turnaround to get onto west
bound Michigan Avenue. Each location had a traffic control device (a sign)
indicating a right turn only. In both cases I crossed Michigan avenue into
the turnaround and in both cases the officer was staking out the location
in the same spot. I will give the details of the second case as I feel
that is the most compelling. I should state that I have been going to that
Home Depot as a professional carpenter for about 15 years and have made that
exit routinely and was never even aware of the sign. Then I get two
citations within a month's time, one at each exit location.
The most westward exit, the one closest to the
police station, is physically located to the left of the turnaround. Once
must necessarily make a right turn to get into the turn around lane. There
is no possible way that one can violate the right turn only sign unless he
drives straight into the median or turns left into oncoming east bound
traffic. In court I questioned the officer and he admitted that I did not
proceed straight or turn left. Whenever I asked him if I therefore turned
right he answered that I crossed Michigan Avenue into the turnaround. The
prosecutor constantly objected to my questions which were always sustained by
the judge. At one point in my questioning the judge told me he would not
allow me to continue to waste the courts time, even though everyone but me was
on the clock and getting paid. I also submitted photo evidence of my
location as well as the officer's location. The right turn only sign is no
longer there and I was going to question the officer on that but the judge would
not allow the photo into evidence because the sign was not in the picture.
The judge did allow the officer to view the picture. The pictures show a
vehicle in a similar situation as what I was in when the officer observed
me. One photo clearly shows the vehicle facing north exiting and the other
photo clearly shows that vehicle a few seconds later facing east, necessarily
constituting a right turn. I even had the officer admitting that a vehicle
facing one direction and then moving approximately 90 degrees in another
direction is a right turn.
I also read for the record section 257.611 of the
Michigan vehicle code which states that the driver shall not disobey the
instructions of the traffic control device. I argued in court that there
are no instructions as to entering the turnaround and entering the turnaround
requires a right turn thus no disobedience of the traffic control device.
I gave a brief closing argument that the prosecution had not met the burden of
proof. The judge made his ruling and it was as if none of my arguments had
even been considered.
One other note I should mention. When the
officer stopped me the second time he wrote me for impeding traffic. The
fine for disobeying the traffic control device is $100 and 2 points. The
fine for impeding traffic is $100 and no points. I am not concerned
about points but am greatly concerned about money. The prosecutor tried to
pressure me into paying the fine. He then went before the judge to change
the charge to violating the traffic control device. I objected and moved
for dismisal on the grounds that the officer had falsified documents and if they
wanted to charge me with violating the traffic control device then that is what
I should have been charged with initially. Furthermore writing me for a
violation with a higher fine is a clear attempt to obtain more money from
me. At the end the judge fined me the full $130 which is higher than the
charge carries.
I am fully convinced that the police department is
engaged in criminal activity. I have personally witnessed at both informal
hearings defendant after defendant get offered impeding traffic with a $130 fine
and the vast majority taking the deal and paying the fine. My case in
court was fully prepared with arguments and evidence and I tried to respect the
rules of the court as best as I could with my layman's knowledge of the law and
yet they threw the full weight of the court at me. If there is anything
you and your firm can do for me I would be grateful. If I can do anything
for you regarding your pending case in U.S. District court with Mr. Saad you
would have my full cooperation.
Thank you for your time and
consideration.
Sincerely,
Jonathan Weigel
1556 W. River Park Dr.
Inkster, MI 48141
(313) 278-1058
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