|
|
Wednesday, November 7, 2012
By Michael Nichols
Categories: Drunk-Driving
In 2005, the State of Michigan Court of Appeals heard City of East Lansing v. Department of State Police, Department of Transportation, and State Transportation Commission for the State Police. The central issue asked which governmental body has ultimate authority to set speed limits on state trunk line highways within the city’s business districts and school zones. The Court turned to the Michigan Constitution and relevant statutes to resolve the issue. The plaintiff correctly argued that the Michigan Constitution gives the right “to the reasonable control” of the roads within its boundaries. However, the Michigan Constitution established the State Transportation Commission (STC), and gives the STC, along with the state Department of Transportation, jurisdiction and ultimate authority over state highways. The court concluded;
“Although plaintiff may establish or alter the default speed limits set forth in MCL 257.627 and MCL 257.627a for a road within its boundaries, the Legislature has granted STC and director of the MSP the authority to review and, if necessary, override any speed limit that a local government establishes on any portion of a state highway.”
If you would like an attorney who knows the constitution and will pursue every defense, including proper enforcement of the East Lansing traffic laws, contact the Nichols Law Firm at 517.432.9000.