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Questions Answered by Mark Bredow

1 Answer | Asked in Traffic Tickets for Michigan on

Q: Can a ticket be dismissed becuase the officer read wrong registration and put down my old cars make, model, vin and year

I handed him my insurance info with the registration folder and it had my last cars info in it also since i had only just purchased my new car. This happend on the ohio turnpike. And im from out of state.

Mark Bredow answered on Jun 18, 2019

No. The citation was issued to you, not the car. An error of this type is easily corrected and the court would allow that correction.

1 Answer | Asked in Traffic Tickets for Michigan on

Q: Dear Sir, This is first time of misdemeanor. I got a clean record. Am i going to jail?

Mark Bredow answered on May 22, 2019

That is very unlikely. Depending upon the seriosness of the offense, If you plead or are found guilty, most 1st offenders pay a fine, and may have probation. You may also be eligible to have the misdemeanor dismissed orreduced to a simple non criminal traffic citation. It's always a good idea to... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on

Q: I live in the State of MI. How should I plead for not stopping in time for a school bus? I was on the opposite side.

I was in front of my house, on the opposite side of street where the school bus was, and about to turn into the driveway ahead and drop my youngest off at his bus stop. I explained to the officer that I had a lot on my mind at the time, causing me to not realize the red lights were up on the bus at... Read more »

Mark Bredow answered on Apr 23, 2019

Call the Court and ask to set the matter for a "formal hearing". Go to the Secty of State and get a copy of your full driving record and take it with you to court. Sit with the City Attorney handling your case. Explain what happened, show her your good driving record and ask them to reduce the... Read more »

5 Answers | Asked in Bankruptcy for Michigan on

Q: is social security counted as disposible income in a chapter 13 bankruptcy

Mark Bredow answered on Apr 15, 2019

Your question is very simple to ask, but very complicated to answer. The short answer is, you must include Social Security payments in your monthly budget on Schedule I. Your budgeted monthly living expenses will be deducted from your monthly income to determine how much your monthly plan... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on

Q: I have 4 traffic tickets from 4 years ago right before I went off for college. Now I have warrants what do I do?

Mark Bredow answered on Mar 20, 2019

Much depends upon what infractions are in those tickets. If they are only civil traffic matters, you have probably been defaulted and are responsible to pay them. However, some tickets are actually criminal misdemeanors which are punishable by fees, fines, costs, and depending upon the... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on

Q: I’m 16, Ilive in Michigan, I got pulled over for doing 70 in a 55 but only got a ticket for going 1-5 over.

Will I get my license taken away? Do I plead guilty?

Mark Bredow answered on Mar 18, 2019

Probably not, but you should definitely contact an attorney who handles traffic matters near you. Hire him/her to set this matter for a hearing and to appear with you at the hearing. If your record is otherwise clear, he/she may be able to resolve the case with no points and no record. It is... Read more »

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on

Q: My car was stolen in Michigan and I reported it the same day.

I was notified on a Friday by the 12th precinct that my car was recovered on Thursday (the day before) and now was in their custody at a tow yard. I had to pay almost $300 to get it back, but shouldn’t I have been notified the Thursday they found it so I could have the option to tow it to my home... Read more »

Mark Bredow answered on Mar 5, 2019

There is no statute which requires the police to notify you that quickly or that requires them to leave the vehicle where it is found, notify you, and wait for you to tow it. It could be in a dangerous place, on someone else's property, or pose a risk to traffic. They tow the vehicle to secure it... Read more »

2 Answers | Asked in Traffic Tickets for Michigan on

Q: Got arrested for driving without insurance, can I sell my car to pay the ticket before my court date?

I got arrested for driving without insurance in the state of Michigan but didn’t go to jail, I got released. I got my car out of the impound, I have a court date in about 2 weeks. Can I legally sell my car to pay off my ticket before the court date? Or will I get in more trouble for selling the... Read more »

Mark Bredow answered on Mar 5, 2019

It is not unlawful for you to sell your car. It is unlawful to operate it without having it insured or operating it without proof of insurance. If you had insurance at the time of the ticket, you may present the proof of insurance to the Court, who will, upon payment of an administrative fee will... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on

Q: I received 2 tickets and a warning. I was not in the vehicle. I was at home sleeping. What do I do?

My son was pulled over with a friend in my car. The cop ask for his registration proof of insurance and licence. My son gave home his licence and the vehicle registration. He couldn't find the proof of insurance. The cop said that ok they can look it up. He then asked my son if they could... Read more »

Mark Bredow answered on Jan 11, 2019

You did not mention the specific citations that were issued. However, most infractions, including defective equipment violations are issued to the driver, not the owner. It is an infraction to drive a vehicle that does not comply, not to own one. There are citations that can be issued to an owner... Read more »

3 Answers | Asked in Collections for Michigan on

Q: My mother keeps receiving excessive collections calls and she doesn't speak English.

What can I do to make the calls stop for her?

Mark Bredow answered on Sep 20, 2018

The other attorney's answers are absolutely clear and correct. Sending a written letter is the best ways to protect her and preserve any legal issues if you want to pursue legal actions against a collector. But, in the short term, to give her some way of fighting back, you may want record your... Read more »

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4 Answers | Asked in Bankruptcy for Michigan on

Q: Must I disclose prior bankruptcies to my partner before we get married?

Mark Bredow answered on Sep 20, 2018

I agree with the others. You are under no legal obligation to tell your partner about what you did to resolve a prior financial crisis. But if the root causes of the bankruptcy were due to your bad habits, bad choices or health issues, and if you still struggle with those issues, you would be... Read more »

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1 Answer | Asked in Traffic Tickets, Car Accidents and Civil Rights for Michigan on

Q: I am under the age of 18 and I have a driver's permit but not a Driver's License can I purchase a car at a Dealership?

I have the money to buy the car. ALSO How would I get my License Plate?

Mark Bredow answered on Aug 22, 2018

it's unlikely that a car dealer will sell to you alone, without an adult, because minors may void a contract until their 18th birthday. But, if they do, the dealer will apply for the plate for you. You are not required to be a licensed driver to purchase a car, but you have to be licensed to... Read more »

2 Answers | Asked in Traffic Tickets for Michigan on

Q: I forgot to get my tag renewed. I got a citation. Can I fight it?

I never forgot before.

I have been driving over 30 years. Nothing, not even as much as a parking ticket.

Extremely bad year, a lot of stress. Spent my birthday depressed and crying all day. Never thought about my tag.

I have paid the late fee.

I personally know... Read more »

Mark Bredow answered on Aug 21, 2018

I agree with Mr. Ford. If you request a hearing and bring proof that you purchased the tags, and if your record is otherwise clean, you can ask for the citation to be dismissed, with costs, or ask that it be reduced to a different offence without points and that is not reported on your record.... Read more »

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4 Answers | Asked in Bankruptcy for Michigan on

Q: How long do you have to wait to file bankruptcy again.

Mark Bredow answered on Jul 23, 2018

II you were in a prior bankruptcy that was dismissed for your failure to appear at court or your failure to follow Court orders, you cannot refile a bankruptcy for 180 days.

Do you want to file a Chapter 7 case? If you received a final discharge in a prior Chapter 7 case, you must wait 8...
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2 Answers | Asked in Bankruptcy for Michigan on

Q: I live in MI and am married. If I file chapter 7, am on the title but not the mortgage, will it affect my spouse?

Also my debt is unsecured and in my name only. The mortgage is in his name but not mine. I don't want this to affect him or his house

Mark Bredow answered on Jun 11, 2018

Your question is complicated. In a Chapter 7 case, a Trustee is appointed. The Trustee's purpose is to sell any of your assets that he/she can, including a house or land. Whether or not the Trustee can sell your property is a complicated legal question. It cannot be answered without a in-depth... Read more »

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2 Answers | Asked in Bankruptcy for Michigan on

Q: I heard something about filing for an emergency bankruptcy. Does that mean the process is sped up under certain

circumstances?

Mark Bredow answered on Jun 11, 2018

No. An Emergency Bankruptcy refers to the quick filing of the case to stop a foreclosure or other imminent creditor actions. The documents that are filed in and emergency case are very minimal, only the bare minimum of documents and information is filed, just enough to start the bankruptcy case... Read more »

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1 Answer | Asked in Traffic Tickets for Michigan on

Q: Is there a way I can have a speeding ticket dismissed? It is my first ticket in the 40 plus years I have been driving.

This was my first ticket. The officer said I was doing 48 in a 25 Zone. He wrote the ticket for 5 miles over. I am on a fixed income. I will be going to court next week in Warren Michigan. How do I approach the judge. Is there a way of getting the ticket dismissed? The ticket stated 48 miles over... Read more »

Mark Bredow answered on May 10, 2018

It may difficult to get the ticket dismissed, unless you request a formal hearing and the officer fails to appear. Otherwise you are advised to try to negotiate the ticket down to a lessor offense with fewer points and/or fees. It is well worth the cost to have an attorney appear with you.

3 Answers | Asked in Bankruptcy for Michigan on

Q: Does a garnishment resume after a chapter 13 voluntary dismissal ?

Mark Bredow answered on Apr 16, 2018

A garnishment will not automatically resume. But, your creditor can request a new one right away.

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2 Answers | Asked in Bankruptcy for Michigan on

Q: Do you still have to pay secured creditors after filing for bankruptcy?

Mark Bredow answered on Apr 15, 2018

It depends upon what you want your bankruptcy to do for you. Do you want to keep the collateral that you pledged to secure your secured debt? Or, do you want to give the collateral back?

In a Chapter 7 case, you get a quick discharge of all debts, both secured and unsecured....
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1 Answer | Asked in Traffic Tickets for Michigan on

Q: I got my first ticket because i didnt stop at the stop sign.i have to appear at the court.can i avoid from get point?

He marked C/i disregard stop sign and marked waring for no proof of insurance but actually i had it on my car.

Mark Bredow answered on Mar 20, 2018

Take your ticket to court and ask that the ticket be set for a "Formal Hearing". The court will set a date and send you notice.

If you have your insurance declaration page showing that you had insurance on that vehicle on the date that you were pulled over, present that proof to the clerk...
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