MI: Woodward Dream Cruise Ticket, legal question

Kevin ACR

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Warning: an fyi to those of you that may be going to Woodward Avenue in Michigan. The Royal Oak police are being absolutely silly. Tonight my buddy and I went down in the Viper and his 911 and parked in front of a Pier One that happened to be open for half an hour more (it was 8:30).

Royal oak officers pull up in a Tahoe and ask us to move as we are blocking an open business and in the way of customers ( understood, though not really legitimate reason as there were no customers). Regardless, we respect the request and immediately pull out and move down the road to business's that were closed and parked in two spots thinking we had addressed the issue. Half an hour later he drove by and told us, as we sat at the nose of our cars in our lawn chairs, “you guys can’t sit here”. We stood up and put the chairs away and stood and just talked for about half an hour.

As we stand there, a group of 4 now, they pulled up and said "who owns the Viper", I said i did and was asked to show a license. I tried to explain our take on being in front of a closed business instead of an open business and also that we took sitting to mean not out by the road and had put the chairs away. He insisted that he had asked us 3 times in the same spot, I told him we had moved from down the street when he first asked us, he disagreed and said he wasn't going to argue. I told him, look, we're not drinking, smoking, careless driving, etc. He said we disobeyed him, I tried to explain our take on sitting in the chairs and he said he never said "sitting". It was clear there was to be no more discussion as he proceeded to issue me, and only me, a misdemeanor ticket for "failed to obey order of police officer to leave Woodward area", and noted "interfering with police".

As I started to attempt to politely communicate he said the fine could be up to $500 and was a mandatory court appearance. I asked if there was any way he could not write a ticket he said no, I immediately turned to my friend and said get out of here before you get the same.

Mind you there were many, many cars up and down parked in what amounts to miles of strip mall parking on the side of woodward. He then told me that the cruise was intended to be a one day event, had become 1 week and now as 10 days and they weren't going to allow it to happen,

I'm thinking I should get a lawyer, why not a civil infraction? Why a misdemeanor, a criminal offense? My whole night ended in disbelief, drive out to watch cruisers and get a ton of attitude, there was no way he was believing anything I was saying or listening to me.

Can I please get some opinions from my legal friends? Should I get a Lawyer, I don't need a criminal record for "disobeying a police officer"? The Police officer in driver’s seat of the Tahoe seemed more reasonable and said the ticket likely wouldn't be $500, and that I should talk to the city attorney. Hell, I don't know what to do, I'm at a loss so any advice would be greatly appreciated. No points on my record, not criminal offenses ever, no nothing. Disbelief :dunno: 10 years of going to the Dream Cruise and this is a first.
 

GTSnake

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Hey Kevin, I drove past you as I was going home. I almost stopped by but was too far past and going too fast.

It sounds like he had it in for you and the Viper. I definitely would fight it and get a lawyer. I can give you a name of a guy that I use a lot.
 

GR8_ASP

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And people wonder why we "cop" such an attitude. Well people, the Police earn their standing in life. Not all but enough of them.

I have not been to Woodward yet this year, but the public warnings that they were going to provide abusing tickets for minor or really non-offenses was just plain stupid. A good lawyer could turn the Royal Oak public statements to that effect as defacto evidence of an intent to use (i.e. abuse) the law above its intent in order to keep Woodward clean. Sorry but the desires of an agency do not allow the laws to be rewritten, no matter how honorable the cause.
 
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Kevin ACR

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GTSnake, I saw you go by, I sent you a PM for some information

GR8 ASP, do you remember where you saw these warnings? Anything I can reference.

I still can't believe "disobeying a police officer", and the fact is the cop insisted I had ignored him and never moved the car. The first time he insisited my hood was up the first time (it was in a different spot), the second time I was told you can't sit there and the third time got a ticket. When I tried to tell him I had moved and wasn't ignoring him and he basically implied I was not telling the truth and he caught me at the exact same spot all 3 times. ****** me off and one heck of an inconvenience.

No don't stop a speeder, don't seek out a drunk, don't bother to talk to people to see if they're ass holes and maybe cut them a break if they are being decent. Noooo, write a ticket.
 
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viper GTS-R

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What's the dudes name? I'd love to give him bad rep all over the net just like that nut case did with the veteran and involving burnouts in a parking lot. The pig you had sounded like a jealous ****.

--RS
 

GR8_ASP

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I read it in the Oakland Press. Maybe a week or so ago.
 

GR8_ASP

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My suggestion is to fight it and ask for a jury trial. For a misdemeanor you have the right to a jury trial. Bet the prosecution bows out at that point, especially if you have evidence regarding the changed locations.

Make sure you get signed affadavits from all witnesses and photographs (hopefully you or someone else has some to back up the story).
 

Finally got it !

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Get an attorney. Cost you 500.00 and it basically will be dissmissed. Cop was a *****. It has happened to all of us. Some more than others. Don't let it bother you too much. I know he is not thinking about it.......
 
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Kevin ACR

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My witness will come to court with me so shouldn't need affidavit, right?

Second, no pictures from that night. Today I documented with photographs the two locations, business hours, addresses, etc.

I should use an attorney since I haven't a clue how to handle legal matters. The cop suggested I call the city attorney and he/she might dismiss it. Below is an excerpt from the royal oak city attorney job description. I have a feelling the City attorney isn't here for me, the dangerous "criminal", what do you think?

Is a phone call to the CA worthwhile as a shot at this, is this a possible way to end this quickly?

"The city attorney is an integral part of the criminal justice system, working together with the police and code enforcement to prosecute misdemeanors and civil infractions in the district court and works to insure that people convicted of criminal or civil violations pay their share of fines and costs."

My suggestion is to fight it and ask for a jury trial. For a misdemeanor you have the right to a jury trial. Bet the prosecution bows out at that point, especially if you have evidence regarding the changed locations.

Make sure you get signed affadavits from all witnesses and photographs (hopefully you or someone else has some to back up the story).
 

Timmer

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Definitely get an attorney. A buddy of mine got a reckless ticket on Woodward last year for a minor chirp from a light and the cop told him the same thing. He talked to the city attorney and he was more of a **** than the cop.

He ended up getting an attorney and got it reduced but the city attorney wouldn't help him at all.


Good luck
 

GTSnake

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Hes just serving and protecting the public..... Get a lawyer.....

In what way is that serving and protecting? I would call that harassment. If Kevin is doing nothing harmful to anyone or posing any potential harm why would the cop single him out over the guy standing next to him???
 

Freddog11

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In what way is that serving and protecting? I would call that harassment. If Kevin is doing nothing harmful to anyone or posing any potential harm why would the cop single him out over the guy standing next to him???

Agreed, and if everything in the original post is true, those are the guys that give my profession a bad name.

Were you parked on a public street? Are there signs or any city ordinances that prohibit what you were doing? If you were on private property, again, were there signs telling you so and that what you were doing is prohibited? It's hard for me to give legal advice to someone in another state living by a different set of rules, but I'll tell you this, here the violation would be "Failure to obey a lawful order of a police officer." My question would be, is that a lawful order? A cop can't just tell you to do something for no legal reason, expect you to comply, then charge you if you don't. There has to be a legal basis for his order. The fact that he did not cite you for any other offense, illegal parking, loitering, vagrancy:D would make me suspect that he had no legal basis for his request.
 
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Kevin ACR

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I really appreciate the information, all kind of a first for me.

Here are the pictures I took the next day of where I originally parked then where I did park thinking I would be ok.

http://picasaweb.google.com/kevin.gts/WoodwardTicket

Oh, and here is a link to the cars I took pictures of last year, some pretty cool vehicles. If you have a minute take a look, I think most of you will find something in here no matter what kind of vehicles you enjoy. Everything from classic to bizarre.

http://picasaweb.google.com/kevin.gts/DreamCruise2006
 

Freddog11

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Nice pics, thanks. I'd trade my Viper in a heartbeat for that Yenko Camaro. I also like the BMW Isetta with the V8 in it.
 

yogibayer

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...
"The city attorney is an integral part of the criminal justice system, working together with the police and code enforcement to prosecute misdemeanors and civil infractions in the district court and works to insure that people convicted of criminal or civil violations pay their share of fines and costs."

LOL in their official job description they use the wrong word. Should be ensure. :nono:

in·sure
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, -shur] Pronunciation Key - Show IPA Pronunciation verb, -sured, -sur·ing. –verb (used with object) 1.to guarantee against loss or harm. 2.to secure indemnity to or on, in case of loss, damage, or death. 3.to issue or procure an insurance policy on or for
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GR8_ASP

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Hey Kevin. Bruce and I both saw you cruise up and down Woodward last night. First time this year for me. The Police were out in force and then some.

I do not believe there is any law against parking where you were, especially after the business is closed. However, the Police around Woodward have been know to create laws on the spot regarding parking, gathering and even driving on the publlic street. Probably all in the name of crowd control and public safety. But the fact that he issued you no citation for any act and did not clear the area of all cars suggests that he had it in for you and you alone.

My suggestion is to get a red Viper. Then they cannot even see you when you light up the tires!

Now where is that wood when I want to knock on it???
 

2000_Black_RT10

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Heck Kevin, I grew up on the other side of the Detroit River, even I know that Royal Oak has a bad rep for this.

Royal Oak even tried to ban the Dreamcruise to pass thru their township.. I also heard the RO Police Chief crushed a super stock Ford after they impounded it spotting more than 3 infractions.. not sure if that's a rumor but it's definitely inline with their attitude.

I hope you get out of that fine, it's rediculous.
 

FE 065

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Get the dash cam video


--------------------------
1999GTS/2001ACR
SVS short shfter for sale
 

plumcrazy

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There has to be a legal basis for his order. The fact that he did not cite you for any other offense, illegal parking, loitering, vagrancy:D would make me suspect that he had no legal basis for his request.

thats what id assume
 

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