312 S. Jackson Street
Jackson, MI 49201
Telephone:(517)788-4250 Fax: (517)
780-4704
HOURS: 8:00 a.m. - 5:00 p.m. (Mon - Fri)
What is a traffic case?
What
should I know about traffic tickets and civil infractions?
Are police officers required to attend hearings?
Can a judge/magistrate dismiss my ticket after a driver improvement class?
What should I
know about traffic misdemeanors (adult)?
What
should I know about traffic misdemeanors (minor)?
What are
drunk driving violations?
How do I obtain a
restricted drivers license?
How are points assessed?
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 also 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 also be added to the driving record by the
Secretary of State. A person cannot be sent to jail for a civil infraction.
If you have received a traffic ticket, you have 10 business days to answer that
citation; namely, to admit or deny responsibility.
You are not required to pay the fine within 10 days.
Please read and follow the instructions on the back
of your ticket, indicate your decision, and send it to us as soon as possible.
Our address is on the front of your ticket.
If you have received a civil infraction traffic
ticket, you may respond in one of four ways.
First, you may admit responsibility for the violation and pay the fine
associated with the offense(s).
To determine the fine/cost of your ticket, you may
contact us directly at (517) 788-4250 or
to view a list of our traffic fines and costs,
return to the Home Page and select Published Fines &
Costs Schedule.
Second, you may admit responsibility with an explanation.
This is your opportunity to write a letter to the
magistrate explaining how or why you received the citation.
The magistrate will review your explanation, along
with your driving record, and the court will advise you in writing of the
magistrate’s decision.
Third, 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.
Fourth, 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 wish to dispute your ticket, please turn the ticket over and find the box
at the bottom that reads, “deny responsibility”.
Over the writing in that box, sign, date, and place
your daytime telephone number.
Then send your ticket to the Court in care of the
address on the front of the ticket, on or before 10 business days from the date
you received the ticket.
Please let us know if your address is different than
that on the face of the ticket.
You will receive a postcard within two weeks
notifying you of your hearing scheduled before the Magistrate.
If you do not respond in one of these four ways, a default judgment will
be issued and your driver's license will eventually be suspended.
Are police officers required to attend contested traffic hearings?
Can a judge/magistrate dismiss my ticket if I attend a
driver improvement class?
While legislation is pending to allow a dismissal
upon payment of fines & costs after attending a driver improvement class, judges
and magistrates do not yet have the authority to do this.
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.
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.
If
a hearing is requested, you may be represented by an attorney and you have the
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.
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 by the Secretary of State, and some convictions may result in jail
sentences.
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 the 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.
You may be represented by an attorney, and you have
the right to a trial by a judge or jury.
The prosecutor must prove that you are guilty.
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 by the Secretary of State.
If you have been stopped for drinking and driving, you may be charged with one
of four misdemeanor offenses.
First, an OWI, which stands for Operating While
Intoxicated.
Second, an OWVI which stands for Operating While Visibly
Impaired.
Third, OWPD which stands for Operating With the Presence of
Drugs, or fourth,
Zero Tolerance, which applies to persons under 21
years of age.
For all of these offenses, one must appear before a judge
or magistrate to be arraigned.
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 driver’s 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
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 driver’s 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.
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 driving 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.
If you have additional questions about the process, please
contact the Jackson County Clerk’s Office at (517) 788-4268.
Points are added to your driving record if you are found responsible for most
civil infractions or traffic misdemeanors. Points are assessed 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 records must request a copy of their driving record.
The request can be made by contacting the Record
Look-up Unit at (517) 322-1624 or by faxing a request to (517) 322-1181.