There are two basic types of traffic tickets that are issued by local police officers, county sheriffs, and Michigan State troopers: civil infractions and misdemeanors. It is important to understand the difference between these tickets and the potential consequences that they carry.
Civil infractions are issued for alleged violations of State and local traffic laws, such as: Limited Access Speed, Failure to Maintain Assured Clear Distance, Speeding, making an Improper Turn, Disobeying a Traffic Control Device (running a red light), etc., which are non-criminal in nature and you have the option of resolving by making a timely payment of the scheduled fine at the local District Court or location Municipal Court with jurisdiction. The problem with not fighting the ticket and just paying the fine to the local Court before the default deadline is that points are usually assessed for the traffic violation (depending upon the nature of the ticket), 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 history will likely lead to an increase in the cost of your car insurance, losing driving privileges altogether for a period of time (if you obtain too many points), job related issues (if your job requires driving), and the reduction of the chance that a cop will give you a break in the future for traffic infractions.
Traffic misdemeanors are low level criminal offenses for alleged conduct such as Reckless Driving, Drinking and Driving (OUI, DUI, OWI, DWI, Super Drunk, Zero Tolerance Violation), Open Intoxicants in a Motor Vehicle, Driving While License Suspended (DWLS), Failure to Stop at a Property Damage Accident, No Insurance, Expired Plates, etc., which require an appearance in Court before a Judge to address the specified misdemeanor. Traffic related misdemeanors throughout Michigan can result in a jail sentence, being placed on probation with conditions, 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 several felony related traffic matters for offenses such as Unlawfully Driving Away an Automobile (UDAA), Unlawful Use of a Motor Vehicle, OUIL Causing Serious Injury or Death, OUIL 3rd Offense, and Fleeing and Eluding Police, etc., which are charged in most cases with the filing of a complaint by the prosecutor’s office with jurisdiction over the case (after a swear to occurs before a Judge) and not by the mere issuance of a traffic ticket. Traffic felonies can result in a jail or prison sentence, being placed on probation with conditions, driver’s license sanctions, damage to your reputation, and having a conviction that cannot be expunged in the future. Because s felony traffic accusation requires experienced representation from a talented, aggressive, and dedicated felony traffic defense attorney, the smart decision is to hire a lawyer to represent you. Felony related traffic charges in Michigan are initially scheduled at the District Court with jurisdiction over where the alleged offense occurred, and are 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 traffic violation in Michigan (civil infraction, misdemeanor, or felony) you have the chance to hire a lawyer contest it. If you make a timely demand for your civil infraction (before a “default” is entered), 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 that the alleged civil infraction did in fact occur. The hearing scheduled is either 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 and either litigate or negotiate (attempt to plea bargain) the ticket.
For all misdemeanor and felony charges, you have certain rights that are deemed fundamental to our Constitution that cannot be denied, 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 mistake 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 licensed Michigan lawyer in Court is at a complete disadvantage because the Court will hold them 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 methods and ways of conducting a trial. You can request a court appointed lawyer in any courtroom in Michigan (if you are too poor to retain your own legal counsel), and you can hope and pray that your court appointed counsel is passionate, and dedicated enough to fight for the right result, or choose to hire a highly referred and preferred lawyer, like attorney Daniel Hilf, who truly has your best interests at heart.
For any civil infraction, misdemeanor, or felony traffic offense for Michigan ticket or criminal charge, the recommended attorney to retain is Daniel Hilf, because he has the necessary experience practicing before Judges and magistrates throughout the State of Michigan to demand justice and a great result for his clients. You can feel free to contact attorney Daniel Hilf to discuss your ticket or criminal case in order to acquire the legal representation that you need.