REPRESENTATION
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There are two different varieties of traffic tickets that are written by Farmington Michigan police officers, Oakland County sheriffs, and Michigan State troopers in Farmington, Michigan: civil infractions and misdemeanors. It is critical to comprehend the differences between these different tickets to know what you can expect.
Civil infractions are issued by law enforcement officers for alleged violations of Michigan State law and Farmington local ordinances, such as: Limited Access Speed, Speeding, Careless Driving, Failure to Maintain Assured Clear Distance, Improper Turn, Disobeying a Traffic Control Device (running a red light), etc., which are non-criminal. You can resolve your Farmington civil infraction by making a timely payment of the scheduled fine at the 47th District Court, which is located at 31605 W. Eleven Mile Road, in the city of Farmington Hills, MI 48336. The trouble with not fighting the ticket and just paying the assessed fine to the 47th District Court is that points are usually assessed for the traffic violation (depending upon the nature of the ticket you received), and the violation in most cases becomes permanently entered onto your driving record even though the points go away with time. Having traffic violations entered onto your driving record will likely result in an increase in the cost of your motor vehicle insurance, it may cause the loss driving privileges (if you obtain too many points), it could cause job related issues (if your job requires that you maintain a clear driving record), and will likely reduce your chances that a law enforcement officer will cut you a break for future traffic stops.
Traffic misdemeanors are considered low level crimes for alleged conduct such as Drinking and Driving (OUI, DUI, OWI, DWI, Zero Tolerance Violation [Driver under 21 years unlawful BAC], Super Drunk, OUI 2nd Offense), Open Intoxicants in a Motor Vehicle, Reckless Driving, No Insurance, Driving While License Suspended (DWLS), Failure to Stop at a Property Damage Accident, Expired Plates, etc., which require a court appearance to address the specified misdemeanor. Traffic related misdemeanors throughout Michigan can result in a jail sentence, being placed on probation with conditions (drug/alcohol testing, AA/NA meetings, driving course, community service, counseling, etc.), driver’s license sanctions (for some offenses), damage to your reputation, and having a permanent criminal record that in many cases cannot ever be expunged.
There are felonies in Michigan that are also traffic offenses such as OUIL 3rd Offense, Unlawful Use of a Motor Vehicle, Unlawfully Driving Away an Automobile, OUIL Causing Serious Injury or Death, Felonious Assault, and Fleeing and Eluding Police, etc.. These traffic related felonies are charged in most cases with the filing of a complaint by the prosecutor’s office with jurisdiction over the case and not by the mere issuance of a traffic citation. Traffic felonies can result in a jail or prison sentence, being placed on probation with conditions (drug/alcohol testing, AA/NA meetings, driving course, community service, counseling, etc.), driver’s license sanctions, damage to your reputation, and having a conviction that cannot be expunged in the future. Because a felony traffic accusation requires experienced legal representation, the smart decision is to hire an experienced, reputable attorney to represent you in court. All felony charges in Michigan (traffic or otherwise) are initially heard at the District Court with jurisdiction (the location where the alleged offense occurred), and are thereafter transferred (“bound over”) to the Circuit Court that has jurisdiction if a probable cause determination is made at a preliminary examination or a waiver or the same.
If you receive any type of traffic violation in Michigan you have the ability to engage the services of legal counsel to contest it on your behalf. If you make a demand for your civil infraction to be heard in a timely manner (before your are defaulted on the civil infraction), you have the right to a contested hearing in the Court with jurisdiction to contest whether or not it is established by a preponderance of the evidence (shown that it is more likely than not true) that the alleged civil infraction did in fact occur. It is up to you to decide if the matter is scheduled for an “informal hearing” (which does not involve lawyers – only yourself, the police officer/Michigan State trooper, and the Court magistrate or Judge – which is very difficult to win) or a “formal hearing” (where lawyers appear in Court before the assigned Judge and either litigate the ticket (heave a hearing) or negotiate a settlement. In most cases, a better result is possible through having a “formal hearing”.
For any and all misdemeanor and felony allegations, you have due process rights that cannot be denied to you, such as the right to a trial where the prosecution has the sole burden of proving his or her case at trial beyond a reasonable doubt with competent evidence. A foolish decision (which is unfortunately common) when it comes to any misdemeanor or felony traffic allegation is to not have legal counsel and represent yourself in Court. Someone who chooses not to have an respected, experienced, and reputable Michigan lawyer in Court is at a large disadvantage because the Court will hold the individual to the same legal standards as an attorney, and they are opposed by an assistant prosecutor or city attorney who has many years of training and experience in the Michigan rules of evidence, Michigan criminal procedure, Michigan case and statutory law, direct and cross examination of witnesses, and the ways and proper methods of conducting a trial. You can ask the Judge assigned to your case for a court appointed lawyer (if you are determined to be too poor to retain your own legal counsel), and pray that your court appointed counsel is capable and passionate enough to fight for the right result, or choose to hire a top tier lawyer, like attorney Daniel Hilf, who truly has your best interests at heart.
For any civil infraction, misdemeanor, or felony traffic offense for a Farmington Michigan ticket or criminal charge, the recommended attorney to retain is Daniel Hilf, because he has the aggressiveness and necessary experience practicing before the two Judges and magistrates of the 47th District Court to fight for great result for his clients. You can feel free to contact attorney Daniel Hilf today to discuss your traffic related situation and to potentially engage his legal services.