There are two basic varieties of traffic tickets that are issued in Sterling Heights: civil infractions and misdemeanors. For Sterling Heights civil infractions and misdemeanor traffic offenses, the cases are resolved at the 41A District Court which is located at 40111 Dodge Park Road, Sterling Height, Michigan 48313.
A civil infraction is a type of ticket that is often issued by police officers for alleged violations of traffic laws such as making an Improper Turn, Speeding, Disobeying a Traffic Control Device (running a red light), etc., which are non-criminal and for which you have the option of resolving by making a timely payment of the scheduled fine. The problem with paying the fine before a default is issued (for not responding quickly enough) 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 attached to your driving record even though the points go away with time. Traffic violations can lead to higher insurance rates, losing driving privileges altogether for a period of time (if you obtain too many points), employment problems (if your job requires driving), and the reduction of the possibility that a police officer will give you a break in the future for traffic stops.
Traffic misdemeanors are lower level criminal offenses for alleged conduct such as Driving While License Suspended (DWLS), Allowing Unlicensed Person to Drive, Open Intoxicants in a Motor Vehicle, Reckless Driving, Drinking and Driving (OUI, DUI, Super Drunk), Failure to Stop at a Property Damage Accident, etc., which require an appearance in Court before a Judge to address the violation. Traffic misdemeanors can result in consequences such as a potential jail sentence, probation with conditions determined by your Judge, 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 OUIL 3rd Offense, Receiving and Concealing a Stolen Motor Vehicle, Fleeing and Eluding Police, OUIL Causing Serious Injury or Death, Unlawful Use of a Motor Vehicle, Unlawfully Driving Away an Automobile (UDAA), etc., which are charged in most cases with the filing of a complaint by the prosecutor’s office with jurisdiction over the felony (after a swear to occurs before a Judge) and not by a issuing a traffic ticket. Traffic felonies can result in many negative impactful consequences such as potentially serving a jail or prison sentence, probation with conditions determined y your Judge, driver’s license sanctions, damage to your reputation, and having a conviction that cannot be expunged in the future. A felony traffic accusation absolutely requires great legal representation from a zealous, diligent, and aggressive felony traffic defense attorney. Felony traffic charges that allegedly occur in Sterling Heights are initially scheduled at the 41A District Court, and are transferred (“bound over”) to the 16th Circuit Court in Mt. Clemens 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 (civil infraction, misdemeanor, or felony) you have the right under Michigan law to hire the lawyer of your choice to contest it. If you make a timely demand for your civil infraction (before the cutoff date listed on the ticket), you have the right to a contested hearing in Court to challenge whether or not it was established by the prosecution/township attorney/police by a preponderance of the evidence that the alleged civil infraction occurred. The traffic hearing scheduled in Court is either an “informal hearing” (which does not involve lawyers – only yourself, the police officer, and the Court magistrate) or a “formal hearing” (where lawyers are involved to either negotiate or litigate the ticket in Court, and in many cases a better result can be reached through that legal representation).
For all misdemeanor and felony accusations, you have United States and Michigan Constitutional rights such as the right to a trial by jury or by Judge (if the prosecution and Judge agree to a bench trial)., where the prosecution has the sole burden of proving his or her case beyond a reasonable doubt. An unwise decision when it comes to any misdemeanor or felony traffic criminal offense is to choose to have no legal counsel at all and to represent yourself. Someone who chooses not to have representation from a lawyer is at a complete and utter disadvantage because the Court will hold them to the same standards as a lawyer, and they are opposed by a prosecutor or city attorney who has many years of training and vast experience in the Michigan rules of evidence, Michigan criminal procedure, Michigan case and statutory law, direct and cross examination of witnesses, and the ways of conducting a trial. You can request from your Judge representation from a public defender if you are too indigent to retain your own lawyer, and hope that your court appointed counsel is zealous and dedicated enough to fight for the right result, or choose to hire a top notch lawyer, like attorney Daniel Hilf, who truly has your best interests at heart.
For any civil infraction, misdemeanor, or felony traffic offense for a Sterling Heights Michigan offense, the recommended retained lawyer is Daniel Hilf, because he has the necessary ability and experience to help you with your appearance before the three Judges and magistrates of the 41A District Court. Attorney Daniel Hilf is from the highly respected and locally known law firm of Hilf & Hilf, PLC, who you can contact to discuss your traffic related situation today.