BEULAH -- The blue expanse of Lake Michigan looms just beyond the trees, fields and golf fairways that line Benzie County's Sutter Road.
For motorists, it's a stirring drive along a state-designated scenic road that between September 2006 and last week carried a 35 miles per hour speed limit posting.
Dozens of drivers who during that time traversed the nearly three-mile stretch near the northwest corner of Crystal Lake found themselves saddled with speeding tickets. Improperly so, contends one Traverse City woman.
Sarah Johnson's research discovered that Benzie officials improperly posted the 35 mph limit, and she plans to fight a ticket recently issued to her husband.
"(The limit is) not enforceable. It wasn't put up legally and it has no grounds," Johnson said.
A Benzie sheriff's deputy on July 7 ticketed Johnson's husband for going 40 mph on the road, but she contacted the state and found the county had no authority to lower the limit from 55 mph.
The Benzie County Road Commission "misinterpreted" a Michigan Department of Natural Resources recommendation of a lower speed limit for scenic roads, said Lt. Gary Megge of the Michigan State Police traffic services unit.
State police and other agencies weren't involved with a traffic study for Sutter Road before the change in the posted limit, Megge said, so the lower posting wasn't binding.
"It is indeed 55 and legally has been 55," Megge said.
Road Commission manager Bob Weaver said the 35 mph signs were removed last week and the road is now back to 55 mph, although he contends the commission had the right to lower the limit, based on DNR rules.
"Evidently, there's a conflict between the DNR and the state police," he said.
Johnson requested a hearing before a judge. She believes Benzie County should toss out her husband's citation and reimburse other ticketed drivers.
Benzie sheriff's deputies wrote 40 tickets on Sutter Road since the beginning of 2007, Undersheriff Rory Heckman said.
"If people were paying these, and insurance rates went up, that's just wrong," Johnson said.
It's not clear what will happen with Johnson's ticket or others written on the stretch, Heckman said.
"They get a ticket for disobeying the posted speed limit. If the road commission improperly (lowered) it, and they've posted it, does that mean that all those tickets they've written should be tossed out?" Heckman said. "That's a question for the courts to decide. We're looking for some direction from the court."
Benzie District Judge Brent Danielson said he wasn't ready to comment on the issue until he researches and speaks with other county officials.
Print this story
E-mail this story
