Michigan Traffic Ticket Lawyer

In Michigan, motor vehicle offenses are taken very seriously, with the state actively investigating and prosecuting these cases. These offenses range from minor traffic infractions to more severe crimes, categorized as misdemeanors or felonies, with felonies resulting in much harsher consequences. Keep reading to learn more about the specific offenses and penalties in Michigan, possible defenses, and why having a traffic ticket lawyer can be a significant advantage in your situation.

Specific Traffic Ticket Violations in Michigan

Hit and Run Causing Injury – MCL Section 257.617a

According to MCL Section 257.617a, if you’re in a car accident and someone gets hurt, you have to stop right away. You need to stay there and give your name, address, car registration, and show your driver’s license to the injured person or a police officer. You’re also supposed to help any injured person get medical attention. If you drive away without doing these things, it’s a misdemeanor. The punishment for this can be up to one year in jail, a fine of up to $1,000, or both. This offense also carries six points on your driver’s license.

Hit and Run Causing Death – MCL Section 257.617

MCL Section 257.617 deals with accidents causing serious injuries or worse. The consequences for this felony offense can be up to 5 years in prison, a fine of up to $5,000, or both. If your actions cause a death, the penalty is even higher: up to 15 years in prison or a fine of up to $10,000, or both. This offense carries six points on your driver’s license. A conviction can also result in the revocation of your driver’s license.

Failure to Report Accident Causing Property Damage – MCL Section 257.618

MCL Section 257.618 explains that if you’re driving and think you might have been in an accident causing damage to another vehicle, you must immediately stop and stay at the scene. You need to share your name, address, vehicle registration, and show your driver’s license to others involved or a police officer. A violation is classified as a misdemeanor, and if found guilty, you could face up to 90 days in jail, a fine of no more than $100, or both. This offense carries six points on your driver’s license.

Fleeing the Police – MCL Section 750.479a

MCL Section 750.479a defines the offense of fleeing the police as not stopping your vehicle when a police officer signals you to do so. This signal could be a hand gesture, voice command, emergency light, or siren. If you try to escape by speeding up, turning off your lights, or in any other way, you’re breaking this law. The severity of this offense varies based on the situation. For a basic violation without aggravating factors, it’s considered a fourth-degree felony, punishable by up to 2 years in prison or a fine of up to $2,000, or both. The penalty increases with factors like causing a collision, violating in a low-speed area, or having prior convictions, all the way up to first-degree fleeing, which involves a death and can lead to up to 15 years in prison or a $15,000 fine, or both. This offense carries six points on your driver’s license. A conviction can also result in a one-year license suspension.

Relatedly, MCL Section 257.602a outlines the offense of failing to stop when a police officer signals you to. Similar to Section 750.479a, the seriousness of this offense depends on various factors. The basic violation is a fourth-degree felony with penalties including up to 2 years in prison or a $500 fine, or both. The degree of the offense and the penalties increase if the violation results in a collision, occurs in a low-speed area, or if you have prior convictions. In the most severe cases, where the violation results in death, you could face up to 15 years in prison or a $10,000 fine, or both. This offense carries six points on your driver’s license. A conviction also carries a one-year license suspension.

OWI – MCL Section 257.625

Operating While Intoxicated (OWI) under MCL Section 257.625 occurs when you drive a vehicle with a blood alcohol content (BAC) of 0.08% or higher or are impaired by alcohol or drugs. This offense is usually a misdemeanor for first-time offenders. The penalties can include up to 93 days in jail, fines ranging from $100 to $500, up to 360 hours of community service, a 30-day license suspension followed by 150 days with restrictions, and six points on your driving record. Also, you might have to join an alcohol treatment program. The penalties increase for subsequent offenses or if the BAC is significantly higher, such as in cases of “super drunk” driving with a BAC of 0.17% or more, and can escalate to felony charges for repeated offenses or if the OWI results in serious injury or death.

Drag Racing | Street Racing – MCL Section 257.626a

Drag racing, as defined in MCL Section 257.626a, is when two or more vehicles race side by side or compete in speeding up from a common starting point on a highway or any public space, including parking areas. This also includes any situation where timing devices are used to measure the speed. It’s considered illegal to either participate in or assist with drag racing. This law makes drag racing a misdemeanor offense punishable by a fine of up to $100 and up to 90 days in jail, or both. This offense carries four points on your driver’s license.

Reckless Driving – MCL Section 257.626

Reckless driving, under MCL Section 257.626, is driving in a way that shows a careless disregard for the safety of people or property. This includes driving on highways, frozen lakes, or parking areas. It’s a serious offense, usually classified as a misdemeanor, with penalties that can include up to 93 days in jail, a fine of up to $500, or both. However, if your reckless driving causes serious injury to someone, it becomes a felony. In this case, you could face up to 5 years in prison, fines between $1,000 and $5,000, or both. If it results in someone’s death, the penalties are even more severe, with up to 15 years in prison and fines between $2,500 and $10,000. This offense carries up to six points on your driver’s license. Depending on the circumstances, your license could be suspended for as little as 90 days or be revoked.

Moving Violation Causing Death – MCL Section 257.601d

MCL Section 257.601d addresses the serious consequences of committing a moving violation that leads to someone’s death. A moving violation is any act that breaks traffic laws while the vehicle is in motion, like speeding or running a red light. If this violation directly causes another person’s death, it’s a misdemeanor. The penalties for this can be severe: you could face up to 1 year in jail, a fine of up to $2,000, or both. This offense carries up to six points on your driver’s license. A conviction also carries a one-year license suspension.

Careless Driving – MCL Section 257.626b

Careless driving, as stated in MCL Section 257.626b, involves operating a vehicle without care and attention or in a negligent manner on a highway or other public places, including parking areas. This behavior must be likely to endanger people or property. However, it’s not as severe as reckless driving, as it doesn’t involve willful or wanton disregard for safety. Careless driving is classified as a civil infraction, not a criminal offense. The penalty for careless driving is a fine of $100. This offense carries three points on your driver’s license. 

Open Container – MCL Section 257.624a

Under MCL Section 257.624a, it is illegal to have an open or uncapped container of alcohol, or a container with a broken seal, in the passenger area of a vehicle. This applies when the vehicle is on a highway or any public area, including parking spaces. This is a misdemeanor punishable by a $100 fine and up to 90 days in jail. If you’re found guilty, you also might have to do community service and undergo substance abuse screening and assessment at your own expense. This offense carries two points on your driver’s license.

Driving with a Revoked or Suspended License – MCL Section 257.904

Under MCL Section 257.904, it’s illegal to drive if your driver’s license or vehicle registration is suspended or revoked. This also applies if you’ve never had a license or if your application for one was denied. The first time you’re caught driving with a revoked or suspended license, it’s a misdemeanor, and you could face up to 93 days in jail, a fine of up to $500, or both. If you repeat this offense, the penalties increase, potentially leading to 1 year in jail and a $1,000 fine. This offense carries at least two points on your driver’s license. Moreover, if you cause a death or serious injury while driving with a revoked or suspended license, you could be charged with a felony, facing up to 15 years in prison and significant fines. 

Texting While Driving – MCL Section 257.602b

MCL Section 257.602b prohibits holding or using a mobile electronic device for tasks like calling, texting, recording videos, or using social media while operating a motor vehicle. If you’re caught violating this law, it’s considered a civil infraction. For a first offense, you face a $100 fine or 16 hours of community service, or both. If you repeat the offense, the penalty increases to a $250 fine or 24 hours of community service, or both. The law also states that if you’re involved in an at-fault accident while violating this law, your fines will be doubled.

Speeding – MCL Section 257.627

In Michigan, MCL Section 257.627 outlines the laws for speed limits on different types of roads. Specifically, in residential areas and business districts, the speed limit is usually 25 mph, while it’s 15 mph in mobile home parks. On highways, the general speed limit is 70 mph, but for trucks and buses, it’s 60 mph. In work zones, drivers should not exceed 45 mph for safety. Violating these speed limits results in a civil infraction, with penalties including $125+in fines and 1-4 points on your driving record. The severity of the penalty depends on how much you exceed the speed limit. Speeding in areas like work zones or school bus zones can lead to more severe consequences, especially if it results in an accident.

Running a Stop Sign | Failure to Yield – MCL Section 257.649

MCL Section 257.649 states that drivers must stop at stop signs and yield the right of way at intersections. This means when you approach a stop sign, you must come to a complete stop before the crosswalk or stop line. After stopping, you should yield to any vehicles already in the intersection or approaching closely enough to pose an immediate hazard. If two vehicles arrive at an intersection at about the same time, the driver on the left must yield to the driver on the right. Failing to properly stop at a stop sign or not yielding the right of way is classified as a civil infraction. This means if you’re found guilty of running a stop sign, you will generally face a $130+ fine and could have points added to your driving record, depending on the specific circumstances and your driving history. This offense carries three points on your driver’s license.

Running a Red Light | Disobeying Traffic Signal – MCL Section 257.612

Under MCL Section 257.612, running a red light is prohibited. This means when facing a steady red signal, you must stop before the crosswalk or stop line. You can only proceed when the light turns green, except you may make a right turn on red after stopping unless a sign prohibits it. You must also yield to pedestrians and other vehicles lawfully using the intersection. For a steady yellow signal, you must stop if it’s safe to do so; otherwise, you can proceed cautiously. Violating red light rules is considered a civil infraction, leading to a $225 fine and three points on your driver’s license.

Improper Turning | Prohibited Turning – MCL Section 257.647

Under MCL Section 257.647, when making turns at intersections, drivers must turn right as close to the right-hand curb as possible and make left turns without interfering with oncoming traffic, following specific guidelines based on the type of roads involved. For example, when turning left from a two-way to a one-way road, you should approach in the right half of the roadway nearest the center line. Local authorities may also install markers or signs requiring different turning maneuvers at specific intersections. A violation is considered a civil infraction. This offense is punishable by a $130 fine and two points on your driver’s license.

Improper Passing | Failure to Signal – MCL Sections 257.637 and 257.638

MCL Sections 257.637 and 257.638 define the rules for overtaking and passing other vehicles on Michigan roads. You’re allowed to pass a vehicle on the right only in certain situations, like when the other vehicle is making a left turn, or on roads wide enough for two or more lanes of moving traffic in each direction. When passing a bicycle, you must leave a distance of at least 3 feet. You should only overtake and pass another vehicle on the left if the road ahead is clear of oncoming traffic and it’s safe to do so. Violating these passing rules is considered a civil infraction. This offense is punishable by a $275+ fine and three points on your driver’s license.

Unsafe Lane Change – MCL Section 257.642

MCL Section 257.642 outlines the rules for safely changing lanes on Michigan roads. It states that a vehicle must stay within a single lane and can only move to another lane when it’s safe to do so. This means you must check for other vehicles and make sure you’re not cutting anyone off or creating a hazard when changing lanes. Additionally, on roads with multiple lanes in each direction, you’re generally required to stay in the rightmost lane unless you’re passing another vehicle. Violating these rules, such as by recklessly or unsafely changing lanes, is considered a civil infraction. This offense is punishable by a $130+ fine and two points on your driver’s license.

Following too Closely (Tailgating) – MCL Section 257.643

MCL Section 257.643 requires drivers to maintain a safe and careful distance from the vehicle in front of them, considering the speed and traffic conditions. This means you need to leave enough space between your car and the one ahead to safely stop or react if needed. Following too closely, especially at high speeds or in heavy traffic, is a civil infraction and can result in a $125+ fine and two points on your driver’s license.

Failure to Maintain Insurance – MCL Section 500.3102

Under MCL Section 500.3102, it’s illegal in Michigan for the owner of a motor vehicle to operate it without maintaining the required insurance coverage. This includes nonresident vehicle owners who operate their vehicles in Michigan for more than 30 days in a year. If you’re caught driving or allowing someone else to drive your vehicle without the proper insurance, it’s considered a misdemeanor. Penalties for this offense include a fine ranging from $200 to $500, imprisonment for up to 1 year, or both.

 

Potential Defenses to Beat Michigan Traffic Tickets, Avoid Points and Fines

Mistake of Fact Defense

If you’re charged with a motor vehicle offense in Michigan, one defense might be a ‘mistake of fact’. This means you genuinely believed something that, if true, would make your actions legal. For instance, if you left an accident scene because you genuinely thought no damage occurred, this defense might apply. It’s important to show that your belief was reasonable under the circumstances.

Duress Defense

In certain traffic offenses, you might use the defense of ‘duress’. This means you committed the offense because you were forced to do so under threat of immediate harm to yourself or others. For example, if you fled the police because someone in your car threatened to hurt you if you didn’t, this defense could be relevant. However, it’s important to show that the threat was real, immediate, and left no safe alternative but to commit the offense.

Necessity Defense

The ‘necessity’ defense applies when you commit a motor vehicle offense to avoid a greater harm. For example, if you were speeding or ran a red light to get someone to the hospital in an emergency, this defense might be appropriate. You need to demonstrate that the situation was an emergency, your actions were to prevent a greater harm, and there was no legal alternative to your actions.

Involuntary Intoxication Defense

In cases of OWI, if you were unknowingly or involuntarily intoxicated, perhaps through a spiked drink, this could be a viable defense. It’s important to prove that you were not aware of consuming alcohol or drugs and that your state of impairment was not a result of your voluntary actions.

Constitutional Violations

For any traffic offense, if there were violations of your constitutional rights during the investigation or arrest, such as an unlawful traffic stop or failure to read Miranda rights, these could form a basis for defense. Evidence obtained through these violations might be inadmissible in court.

Criminal Process for Michigan Traffic & Motor Vehicle Offenses

In Michigan, the criminal process for motor vehicle offenses starts with an arrest or citation (a traffic ticket in many cases). If you’re arrested, you’ll likely be taken to a police station for booking and may be held until arraignment. During arraignment, you’ll hear the charges against you and be asked to plead guilty, not guilty, or no contest. If you plead not guilty, the case will proceed to a pre-trial conference, where you can discuss a plea deal with the prosecutor or decide to go to trial. If your case goes to trial, it will be heard before a judge or jury, who will determine your guilt or innocence based on the evidence presented. If found guilty, you’ll be sentenced by the judge.

If you’re charged with a motor vehicle offense carrying potential jail time, you may be eligible for probation, especially for less severe offenses. Probation allows you to serve part or all of your sentence outside of jail under certain conditions. These conditions often include regularly reporting to a probation officer, abstaining from alcohol and drugs, not committing any new crimes, and attending counseling or educational programs if required. If you follow all the terms of your probation, you can avoid jail time or have a reduced sentence.

Collateral Consequences of Motor Vehicle Offenses Convictions

Being convicted of a motor vehicle offense in Michigan can have several collateral consequences beyond the immediate penalties like fines or jail time. These can include increased car insurance rates, as insurers often view individuals with traffic convictions as higher risk. Additionally, having a conviction on your record can affect your employment opportunities, especially if the job involves driving. Some motor vehicle convictions can also result in a loss of professional licenses or hinder your ability to obtain certain professional certifications.

Michigan Points On A License: The State’s Points System for Driving Offenses

Michigan’s point system for driving offenses serves as a method to monitor and penalize drivers who violated the law. These violations can result in points on your driving record. The points vary based on the severity of the offense. For example, a minor speeding ticket might add only 2 points, whereas a more serious offense like reckless driving adds 6 points. These points accumulate over time and if you gather 12 or more within two years, it could lead to a review of your driving record by the Secretary of State. This review can result in actions against your driving privileges, including suspension.

Types of Driver’s License Suspensions in Michigan

In Michigan, you can lose your driving privileges for various reasons. One common reason is committing a very serious motor vehicle offense. Another way you can face suspension is by accumulating too many points for traffic violations. Besides these, there are administrative reasons for suspension. For example, if you fail to appear in court, you could lose your license. Not paying child support is another reason for suspension. Each of these suspensions has different processes for reinstatement, but they all share the fact that they temporarily revoke your privilege to drive.

Michigan Hearing Process for License Suspensions

If you’re facing a suspension of your driver’s license in Michigan, you have a right to a hearing. This hearing is your opportunity to argue against the suspension. The process starts when you receive a notice from the Secretary of State’s office, indicating the possibility of suspension. During the hearing, you can present evidence, such as documents or testimonies, to support your case. The hearing officer will look at your overall driving record, the seriousness of your violations, and any other relevant information. After considering these factors, the officer will decide whether or not to proceed with the suspension.

Temporary or Restricted Licenses in Michigan

In Michigan, if your driver’s license is suspended, you might be eligible for a temporary or restricted license under certain conditions. These licenses are designed to allow you to drive under specific circumstances when a regular license is not available due to suspension.

A restricted license allows you to drive to certain places despite your suspension. For example, you might be allowed to drive to and from work, school, medical appointments, court-ordered treatment programs, or other important destinations. The specific terms of a restricted license depend on the reason for your suspension and your individual circumstances. The court or the Secretary of State typically sets these terms.

To obtain a restricted license, you usually need to demonstrate that not being able to drive causes undue hardship. This involves presenting your case at a hearing, where you must provide evidence of why you need the restricted license. The hearing officer will review your driving record, the nature of your suspension, and your personal needs before making a decision.

If you are under suspension for alcohol-related offenses, you might need to use an ignition interlock device as part of your restricted driving privileges. This device requires you to perform a breathalyzer test before your car starts, ensuring you are not under the influence while driving.

Remember, a temporary or restricted license is not a full restoration of your driving privileges. It’s a conditional license. Violating these terms can result in further penalties, including an extension of your suspension period or even revocation of the restricted license.

Getting Your License Restored

Once your license is suspended in Michigan, getting it back involves several steps. The first step is to address the reasons behind the suspension. This might mean paying off any outstanding fines, completing required programs ordered by the court, or simply waiting until the suspension period is over. After fulfilling these conditions, you need to apply for reinstatement with the Secretary of State and pay a fee. The Michigan license restoration process might include additional requirements, especially in cases of DUI, like proving sobriety or attending a substance abuse program. Once the Secretary of State is satisfied that you’ve met all requirements, they will approve your application, and you’ll get your driving privileges back. 

Role of a Michigan Traffic Ticket Lawyer

If you’re facing a motor vehicle offense in Michigan, a lawyer can be your guide and advocate. They’ll first review all the details of your case, looking at the charges and the evidence against you. Then, they’ll explain your legal options in a way that’s easy to understand. They’re there to speak on your behalf in court, both in your criminal case and in any related license suspension hearings, making sure your side of the story is heard. Your lawyer will also handle all the legal procedures, from filing any necessary paperwork to negotiating with the prosecution for reduced charges or for the case to be thrown out. If your case goes to trial, they’ll be right there with you, defending you and aiming for the best possible outcome. Throughout this process, they’ll answer your questions and keep you updated, helping you feel more in control of your situation.

Frequently Asked Questions about Motor Vehicle Offenses in Michigan

What is a hit and run leading to death?
This is a felony, with up to 15 years in prison, a $10,000 fine, or both, and six points on your license. It may also lead to license revocation.

What if I flee from the police?
Fleeing the police can be a felony, with penalties ranging from 2 years in prison and a $2,000 fine, up to 15 years and a $15,000 fine, based on circumstances.

What are consequences of OWI?
Jail time, fines, community service, license suspension, and potentially an alcohol treatment program, with harsher penalties for repeat offenses.

What is the penalty for racing?
Drag racing is a misdemeanor, punishable by up to 90 days in jail, a $100 fine, or both, and adds four points to your license.

How serious is reckless driving?
Reckless driving is a misdemeanor, possibly escalating to a felony if it causes injury or death. Penalties include jail time, hefty fines, and license points.

What if I’m caught driving with a suspended license?
This is a misdemeanor, with up to 93 days in jail and a $500 fine for a first offense. Penalties increase for subsequent offenses.

Are there penalties for texting while driving?
Yes, it’s a civil infraction with fines or community service, doubling if you cause an accident while violating this law.

What if I’m caught speeding?
Speeding results in a civil infraction with fines and points on your license. Penalties vary based on how much you exceed the speed limit.

Get Specialized Help for Fighting Your Michigan Traffic Tickets & Motor Vehicle Violations

If you’re facing a motor vehicle offense in Michigan, don’t wait to get legal help. Contact the experienced motor vehicle offense / traffic ticket lawyers at George Law by calling (248) 247-7459 or contacting us online for a consultation. We can guide you through the legal process, help you understand your rights and options, and work towards the best possible outcome for your case.