312 S. Jackson Street
Jackson, MI 49201
Telephone: (517)788-4250 Fax: (517) 780-4704
HOURS: 7:00 a.m. - 6:00 p.m. (Mon - Fri)
TRAFFIC VIOLATIONS - GENERAL
TRAFFIC: CIVIL INFRACTIONS
ADULT TRAFFIC MISDEMEANORS
MINORS AND TRAFFIC MISDEMEANORS
DRUNK DRIVING VIOLATIONS
RESTRICTED DRIVER'S LICENSE
POINTS AND YOUR DRIVING RECORD
What is a
traffic case?
If you violate the Michigan Motor Vehicle code, and are issued a ticket by a police
officer, you may be subject to fines and points on your driving record, if it is a civil
infraction. If your ticket is for a
misdemeanor traffic violation, the penalty may include a jail sentence. Both civil
infractions and misdemeanor tickets may be disputed in a court hearing or trial.
What should I know about
traffic tickets and civil infractions?
If you have received a traffic ticket, it is important to read both sides of the ticket.
The ticket will indicate whether you are accused of committing a civil infraction or a
misdemeanor. Also located on the ticket is information about how you can respond to the
ticket, where you may need to appear and what your rights are. Most traffic
violations are heard by district judges or magistrates in
the district court located closest to where the incident occurred. The penalty for a
traffic civil infraction is payment of fines, costs, and fees. Points may be added to the
driving record. A person cannot be sent to jail for a civil infraction.
If you have received a civil infraction traffic ticket, you may respond in
three ways.
First, you can admit responsibility for the violation and pay the amount indicated on the
ticket.
Second, you may ask the court for an informal hearing where you and the police officer can
explain to the judge or magistrate what happened. Attorneys are not allowed at informal
hearings.
Third, you may ask for a formal hearing where the prosecutor will have to show that
traffic laws were violated. You may hire an attorney to represent you at a formal hearing.
If you do not respond in one of these three ways, a default judgment will be issued and
your driver's license will eventually be suspended.
What should I know
about adult traffic misdemeanors?
If you have received a traffic ticket, it is important to read both sides of the ticket.
The ticket will indicate whether you are accused of committing a civil infraction or a
misdemeanor. Also located on the ticket is information about how you can respond to the
ticket, where you may need to appear, and what your rights are.
Most hearings regarding traffic violations are heard by district judges or magistrates in
the district court located closest to where the incident occurred.
If you have received a misdemeanor traffic ticket and are 17 years of age or older, you
must appear in the district court where the violation occurred for an arraignment. An
arraignment is the initial step where you are formally charged with the offense, informed
of your rights, and are asked to plead guilty or not guilty. If you fail to appear for the
arraignment, a warrant for your arrest may be issued and your driver's license may be
suspended.
If you are convicted of a traffic misdemeanor, you may be required to pay a fine and
costs. Points will be added to your driving record, and some convictions may result in
jail sentences. If a hearing is required, you may be represented by an attorney and have a
right to a trial by a judge or jury. The prosecutor or city attorney must prove that you
are guilty.
You may want to talk to an attorney prior to your hearing.
What
should I know as a minor about traffic misdemeanors?
If you have received a traffic ticket, it is important to read both sides of the ticket.
The ticket will indicate whether you are accused of committing a civil infraction or a
misdemeanor. Also located on the ticket is information about how you can respond to the
ticket, where you may need to appear, and what your rights are.
If you are under the age of 17, and have received a misdemeanor traffic ticket, you must
appear at the family division of circuit court. You will be notified to appear for
an intake interview and a
preliminary hearing. At the preliminary hearing, you will plead guilty or not guilty, and
be notified of the next hearing date. Your parents or legal guardian must be present
during all proceedings.
If you fail to appear for the arraignment, an order may be issued to the police to bring
you to court.
If you are convicted of a traffic misdemeanor, you may be put on probation, be sent to a
driver improvement course, and points will be added to your driving record. If a hearing
is required, you may be represented by an attorney and have a right to a trial by a judge
or jury. The prosecutor must prove that you are guilty.
You may want to talk to an attorney prior to your hearing.
What offenses are involved in drunk driving violations?
If you have been stopped for drinking and driving, you may be charged with one of four
misdemeanor offenses. First, an OUIL, which stands for Operating Under the Influence,
second, a UBAL,
which stands for operating with an Unlawful Blood Alcohol Level, or third, an OWI, which
stands for Operating While Impaired, or fourth, a Zero Tolerance, which applies to persons
under 21 years of age.
In all drunk driving offenses, you have the right to an attorney and to a trial by a judge
or jury. If you have been previously convicted of a drunk driving offense, the charge may
be increased. Anyone convicted of the first three of these charges will
automatically lose his or her drivers license for a minimum of 90 days and have at least
four points added to his or her driving record. Sometimes the
court will issue a restricted driver's license allowing you to drive only for certain
reasons such as going to work or school.
Anyone convicted of a drinking and driving offense may be sentenced to jail, ordered to
pay fines and costs, required to do community service, be put on probation, and ordered to
attend an alcohol
education or treatment program. Your car insurance coverage and rates may be influenced if
convicted.
If you are a Michigan resident and are arrested for drinking and driving, the law
enforcement officer will take and destroy your driver's license. The officer will provide
you with a temporary Michigan
driving permit until your case is resolved.
If you are stopped for drunk driving by a law enforcement officer, you may be asked to
take a breath test while on the road. This breath test is called a PBT or a preliminary
breath test. If you refuse to take the PBT, a civil infraction ticket may be issued for
refusing to take the breath test.
You will be taken to a police department to take a breathalyzer test. If you refuse,
your drivers license will be suspended for a minimum of six months and six points will be
added to your driving record.
A drunk driving conviction has many consequences. You may want to talk to an attorney
before the first court hearing.
How do I obtain a restricted driver's license?
If your driver's license has been suspended or revoked by the Secretary of State, and
you have used all possible appeal procedures, you may petition the circuit court for
partial driving privileges.
If your driver's license was suspended by a judge, a restricted driver's license can be
granted only by the judge who suspended the license.
When you file a petition for a restricted license with the circuit court clerk's office,
you will also need a copy of your driver's record from the Secretary of State. There is a
filing fee. After the petition has been filed, you will need to follow the court rules and
local circuit court procedures to obtain a temporary driver's license and an order to show
cause. The order to show cause will be the notice of a hearing that you must send to the
Secretary of State.
At the court hearing, you will have to testify under oath about your driving record, your
need for driving privileges and whether other transportation is available for you to
travel to and from work. If the judge grants you either a full or restricted driver's
license, a court order must be prepared, signed by the judge, and filed with the court
clerk's office. The court order must also be registered with the
Secretary of State.
Preparation of forms, and the filing and serving of documents, is your responsibility. The
court is not responsible for these activities. The circuit court clerk's office can assist
you with the filing procedure and local forms, but clerks cannot give you legal advice. If
you have questions about the law, please contact an attorney.
How are points assessed to my driving record?
Points are added to your driving record if you are found responsible for most civil
infractions or if you are found guilty of most traffic misdemeanors. Points are added by
the Secretary of State as
required by law. The court does not assign points and cannot dismiss or waive them.
Points remain on a driver's record for two years from the date of the finding of
responsibility or conviction, and the offense appears on the driving record for seven
years. Points may also affect car insurance rates.
If a person gets too many points, the Secretary of State may put the driver on probation
or suspend his or her license.
Individuals seeking specific information
about their driving