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There are two different types of traffic tickets that are frequently written by Oakland County deputies and Michigan State police in Pontiac, Michigan: civil infractions and misdemeanors. It is important to understand the differences between these different tickets to know what you can expect from the court system.
Civil infractions are issued by law enforcement officers for alleged violations of Michigan State law and Pontiac city ordinances, such as: Improper Turn, Limited Access Speed, Speeding, Failure to Maintain Assured Clear Distance, Disobeying a Traffic Control Device, Careless Driving, etc., which are non-criminal. You can resolve your Pontiac civil infraction by making a timely payment of the listed fine at the Pontiac 50th District Court, which is located at 70 N. Saginaw Street in Pontiac 48342. The issue with electing to not fight the ticket at the 50th 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 history even though the points will eventually go away with time. Having traffic tickets entered onto your driving record will likely result in an increase in your automobile insurance premium, it may cause the loss of driving privileges (if you obtain too many points within a short period of time), it could cause job issues (if your job requires that you maintain a clean driving record), and will likely reduce your chances that a police officer will cut you a break for any future traffic stops.
Some people don’t know that traffic misdemeanors are actually considered criminal offenses. Traffic misdemeanors are prosecuted in Pontiac 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 Pontiac and throughout Michigan can result in incarceration, being placed on probation with conditions (AA/NA meetings, drug/alcohol testing, driving course, community service, substance abuse 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 also felony charges that are related, such as: OUIL 3rd Offense; Unlawfully Driving Away an Automobile; OUIL Causing Serious Injury or Death; Felonious Assault; Fleeing and Eluding Police, etc.. Traffic felonies are charged in Pontiac cases with the filing of a felony complaint by the Oakland County prosecutor’s office and not by the mere issuance of a traffic citation or ticket. Traffic felonies can result in incarceration, being placed on probation with conditions (AA/NA meetings, drug/alcohol testing, driving course, community service, substance abuse counseling, etc.), driver’s license sanctions, damage to your reputation, and having a conviction that cannot be expunged in the future. Due to the fact that felony traffic accusations call for a defense or negotiation from a sharp and effective lawyer, the smart decision is to hire a reputable and experienced attorney to represent you in Court. All traffic felony charges in Pontiac are initially heard at the 50th District Court with jurisdiction and are thereafter transferred to the Oakland County Circuit Court at 1200 N. Telegraph Road, Pontiac 48341 if a probable cause determination is made at a preliminary examination or a waiver or the same occurs.
For any traffic violation you have the right to hire a licensed attorney to fight it on your behalf. If you make a timely demand (before your are defaulted on the civil infraction), you have the right to to contest before your assigned Judge 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 to schedule your civil infraction 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 tough 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.
For any and all misdemeanor and felony charges, you have critical due process trial rights, including 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 and credible evidence. The wrong decision is to not have a lawyer and to decide to represent yourself in Court. Someone who chooses to act as their own lawyer 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 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 have a public defender (if you petition the Court for appointed counsel, and the Court decides that too poor to retain your own legal counsel), and pray that your appointed counsel is capable and zealous enough to fight for the right result, or choose to hire a top rated attorney, like attorney Daniel Hilf, who truly has your best interests at heart.
For any civil infraction, misdemeanor, or felony traffic allegation for a Pontiac Michigan ticket or criminal charge, often retained lawyer is Daniel Hilf, because he has the necessary experience and zealousness to fight for great results. Make the decision to contact attorney Daniel Hilf today to discuss your Pontiac traffic case to potentially engage his legal services.