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There are two basic types of traffic tickets that are given to motorists by local police officers, county sheriffs, and Michigan State troopers in Waterford Michigan: civil infractions and misdemeanors. It is important to know the difference between these types of tickets, the potential dispositions of the Court can impose, and other negative consequences.
Civil infractions are issued by law enforcement in for alleged violations of State and local traffic laws, such as: Limited Access Speed, making an Improper Turn, Disobeying a Traffic Control Device (running a red light), Failure to Maintain Assured Clear Distance, Speeding, etc. These types of traffic tickets 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 . The local District Court in Waterford is the 51st District Court, which is located at 5100 Civic Center Drive, Waterford, MI 48329. The problem with not fighting the ticket at the District Court and just paying the fine before it becomes past due is that points are usually assessed for the traffic civil offense (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, points being added to your driving record, 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 formally address the charge or charges. Traffic related misdemeanors throughout Michigan can result in a jail sentence, being placed on probation with conditions, the assessment of points, 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 traffic cases for traffic related 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, the addition of points to your driving record, 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 representation from a felony traffic defense attorney, the smart decision is to hire a zealous Oakland County defense lawyer to represent you. Felony related traffic charges in Waterford are initially scheduled at the 51st District Court, and are transferred (“bound over”) to the Oakland County Circuit Court if a probable cause determination is made at a preliminary examination or a waiver or the same.
If you receive any traffic violation in Waterford Michigan (civil infraction, misdemeanor, or felony) you have the chance to retain the legal services of a experienced attorney to contest it. If you make a timely demand for your civil infraction (before a “default” is entered by the Court, which occurs if you wait too long), 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 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 and not recommended) or a “formal hearing” (where lawyers appear in Court and either litigate or negotiate (attempt to plea bargain) the ticket which is the recommended way to proceed.
For all misdemeanor and felony charges, you have rights that are deemed fundamental to our Constitution that cannot be denied to you, such as the right to a trial where the prosecution has the sole burden of proving their case at trial beyond a reasonable doubt with competent evidence. A very foolish and short-sighted 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 the largest possible disadvantage because the Court will hold them to the same exact standard as a licensed 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 case and statutory law, Michigan criminal procedure, direct and cross examination of witnesses, and the proper 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 petition the court for the appointment of a lawyer), 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 trusted local lawyer, like attorney Daniel Hilf, who truly has your best interests at heart.
For any civil infraction, misdemeanor, or felony traffic offense for Waterford Michigan ticket or criminal charge, the recommended attorney to obtain is Daniel Hilf, because he has extensive experience practicing before Judges and magistrates of the 51st District Court to fight for great result for his clients. You can feel free to contact attorney Daniel Hilf to discuss your Waterford ticket or Waterford criminal case in order to acquire the legal representation that you need for Court.