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Questions Answered by Mark Bredow
2 Answers | Asked in Traffic Tickets for Michigan on
Q: Received a DWLS citation (MCL 257.9041B) BUT my licence was valid. Driving status was questionable. Now what?

Proved that I was valid driver within the ten days allotted. Arraignment was set anyway. At arraignment was told I had to set a pretrial confrence. Etc.....

Mark Bredow
Mark Bredow
answered on Nov 25, 2019

Set the case for a pretrial. Contact the Secretary of State and purchase your driving record. Ask them the status of your license. Ask them if there were any restrictions on your license when you were stopped. It is possible you have unpaid tickets that resulted in a suspension? If so, contact... View More

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1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: If a cop gets behind you and doesn't flick his lights and you park and walk away is that a crime even with bad plates?
Mark Bredow
Mark Bredow
answered on Nov 25, 2019

The crime appears to be that you were driving a car without proper registration. If the officer was following procedure, he ran the plate through his computer and the crime would be obvious. The officer could not have known about the lack of insurance. The offer need not turn on his lights for... View More

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Can I fight Section 257.602b traffic ticket arguing the language of "text message" did not apply in my case?

In Michigan State Traffic Law, Section 257.602b, can I argue that I did not violate the Section, questioning the definition of a "text message" stated in the Section? I understand a text message can be one sent via SMS for example one using the cellular network, and may not include other... View More

Mark Bredow
Mark Bredow
answered on Sep 12, 2019

The phrase "text message" is not a defined term. The court will likely attribute to it a general definition rather than a strict one limited to SMS. A court is likely to interpret the statute in accordance with the activity that is being regulated and the harm that it is intended to... View More

4 Answers | Asked in Collections for Michigan on
Q: I have a judgement against me by consent allegedly entered by my defense attorney, I don't have an attorney

I have never heard of this attorney that allegedly represented me, I have not gone to court over this matter, but apparently a hearing was held and an attorney seems to have claimed to represent me, and consented to a judgement against me, and agreed on my behalf for me to repay the money. But... View More

Mark Bredow
Mark Bredow
answered on Sep 9, 2019

Yes. If you did not agree it can be set aside. You'll need to file a motion with the court that granted the judgment and mail a copy to the creditor's attorney and the "defense attorney"

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2 Answers | Asked in Traffic Tickets for Michigan on
Q: Can police hide then pull you over?

I left work a cop passed me from opposite direction I pulled in friends driveway and dropped off her work badge. Saw the cop fly by going in the direction I was previously going. I got back in car proceeded to go home down the road I saw the same cop parked on a side road. I was not speeding then.... View More

Mark Bredow
Mark Bredow
answered on Aug 30, 2019

I see no illegality. If the officer thought that you were speeding, it doesn't matter when he issued you a citation. He will have to prove that you were speeding. If you were not speeding, you may wish to ask for (and pay for) copies of any dash cam or body cam.

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1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a citation for no proof of insurance and expired registration for a vehicle I no longer have.

I since got a new vehicle. Can I appear in court with the proof of registration and insurance for the car I do have now?

Mark Bredow
Mark Bredow
answered on Aug 28, 2019

No, you cannot. The ticket refers to the operation of the other vehicle.

If your former car was insured or was registered, but you did not have the certificate at the time you were pulled over, you may appear with proof of insurance and/or registration showing that the vehicle was insured...
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1 Answer | Asked in Collections for Michigan on
Q: My landlord sent me a bill for damages to an apt and an unpaid water bill. I have video and audio proof of no damages.

And the water bill is included in the rent which I paid on time in full every month. How can I take action against them.

Mark Bredow
Mark Bredow
answered on Aug 7, 2019

Within 4 days after the date that you move out, you are required to give your landlord written notice of an address where you will receive mail from them. If you do that, the landlord has to mail you a notice of damages they claim against your security deposit. If they claim damages that are less... View More

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
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
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... View 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... View More

Mark Bredow
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... View More

5 Answers | Asked in Bankruptcy for Michigan on
Q: is social security counted as disposible income in a chapter 13 bankruptcy
Mark Bredow
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... View 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
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... View 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
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... View 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... View More

Mark Bredow
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... View 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... View More

Mark Bredow
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... View 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... View More

Mark Bredow
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... View 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
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... View 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
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... View 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
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... View 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... View More

Mark Bredow
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.... View More

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