There are two different types of traffic tickets that are frequently written by Ferndale police officers, Oakland County sheriffs, and Michigan State troopers in Ferndale, 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 Ferndale city ordinances, such as: Limited Access Speed, Speeding, Failure to Maintain Assured Clear Distance, Improper Turn, Disobeying a Traffic Control Device (running a red light), Careless Driving, etc., which are non-criminal. You can resolve your Ferndale civil infraction by making a timely payment of the scheduled fine at the Ferndale 43rd District Court, which is located at 305 E. 9 Mile Road, in the city Ferndale 48220. The issue with electing to not fight the ticket and choosing to pay the assessed fine to the 43rd District Court is that points are usually involved 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 your motor vehicle insurance premium, it may cause the loss driving privileges (if you obtain too many points within a short period of time), 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 criminal offenses. They are prosecuted 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., and require a court appearance to address the specified misdemeanor. Traffic related misdemeanors in Ferndale and throughout Michigan can result in serving time in jail, 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 that result from or are related to 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.. Traffic 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 or ticket. Traffic felonies can result in serving time in jail or prison, 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 calls for a defense or negotiation from a sharp lawyer, the smart decision is to hire an experienced, reputable attorney to represent you in court. All traffic felony charges in Michigan are initially heard at the District Court with jurisdiction (the location where the alleged offense occurred), and are thereafter transferred 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 you have the ability to engage the services of an attorney to contest it on your behalf. If you make a timely demand (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 was 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 your decision 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. Having a lawyer represent you at a formal hearing is definitely the way to go.
For any and all misdemeanor and felony allegations, you have key due process rights 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 unwise decision when it comes to any misdemeanor or felony traffic charge is to not have legal counsel and to decide to represent yourself in Court. Someone who chooses not to have an experienced, and reputable defense lawyer with them 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 Court to assign a public defender (if too poor to retain your own legal counsel), and pray to God that your court appointed counsel is capable and passionate enough to fight for the right result, or choose to hire a top rated lawyer, like attorney Daniel Hilf, who truly has your best interests at heart.
For any civil infraction, misdemeanor, or felony traffic allegation for a Ferndale Michigan ticket or criminal charge, the preferred attorney to retain is Daniel Hilf, because he has the diligence and necessary experience practicing before the 43rd District Court to fight for great results for his clients. Make the smart decision to contact attorney Daniel Hilf today to discuss your traffic related allegation to potentially engage his professional legal services.