i got pulled over for speeding but the cop gave me a break and instead of a speeding ticket i was given a ticket for double parking in the comment section the cop wrote 47 in a 35. my question is can i fight the ticket as a parking ticket or is there a loop hole that allows cops to give tickets for... Read more »
If you contest the double parking ticket, the officer can, and probably would, dismiss that ticket and write a new ticket for the full 47 in a 35. You say that the officer gave you a break, which apparently means you know you were speeding. Double parking doesn't go on your driving record,...Read more »
I’m in Michigan. I was previously granted my license then lost it to a technicality, had a breathalyzer in car and battery died which caused it to say I was tampering with it, I appealed that and won and was granted license back. Before my license paperwork came I drove stupidly for dr appt and... Read more »
I doubt that they will allow you to have a reconsideration. But to answer your question, if they did give you a hearing for reconsideration and you again lost, you could still appeal to Circuit Court, if the situation falls within one of the limited circumstances in which an appeal to the court is...Read more »
I was issued a citation for disobeying a traffic light. I was by myself. However when I got home and looked at the ticket it had all my husbands info on it. Like he issued him the ticket instead of me. Can we get this dismissed and does we both need to appear at court?
The ticket can be dismissed in your husband's name and rewritten in your name. Your husband could go to court for a Hearing without you and ask the officer if he was who the officer stopped. Of course, the officer may not remember and say yes, anyway. If it is rewritten in your name, if...Read more »
IF you are convicted of an OWI 3rd, there is a mandatory 30 days jail, and it can be up to 5 years. Without knowing more, it is impossible to say if you will actually be convicted of that. If you are convicted of OWI 3rd, the Judge may not make you serve it right away, given the pandemic. Even...Read more »
I got a ticket for failure to stop within assured clear distance which normally carries $125 fine and 2 points. The officer marked it as civil infraction and warning. Will I have to pay fine and get points still, or only pay the fine with no points, or neither??
Since the ticket is marked as both a Civil Infraction and a Warning, you should assume it is a violation, and not just a Warning. It is rather confusing when an officer marks both boxes on a ticket. You can call the court to see if they have received the ticket, and if so, ask for a Hearing. If...Read more »
In general, errors of the type this officer made will not be enough to get a ticket dismissed, but if there are enough errors, and they are relevant enough, it does throw the officer's observations into doubt. I suggest you retain an attorney who handles a lot of traffic ticket cases in you...Read more »
The fine/ticket was for a cracked windshield and something to due with his car but he did not have money to pay in at the time so he did not pay the ticket. It has been over 5 years since he had a car now and he recently found out he had a bench warrant. He want to pay the money but wasn't... Read more »
He may be taken into custody, probably briefly, to book him on the warrant, which will then clear the warrant and he can pay the fines. He needs to be sure he has enough money with him to pay the fine, the late fees, the reinstatement fee for his driver's license which is probably also going...Read more »
As Mr. Buehner states, the difference is in whether the case is being prosecuted by the local municipality's attorney, or by the county prosecutor's office. There are a few municipalities that have an agreement with their county to prosecute state law cases, but that is unusual. The...Read more »
That message is pre-printed on all Uniform Law Citations (tickets). If the box on your ticket is marked Misdemeanor, then the message about felonies doesn't apply to you. You would not be charged with a felony unless you have two prior driving under the influence convictions, or there was a...Read more »
The ticket has a date, or a certain number of days, in which to respond. It is inserted about three quarters of the way down the main part of the ticket. It is on a line that starts "Appearance date on or before _______" There should be a set of instructions that are titled "Civil...Read more »
My son bought a truck in Wisconsin. He was under the impression from the man that it'd b fine 2 drive the truck home 2 Michigan from Wisconsin.& then insure & register it. Well he got pulled over on the way home. He got a ticket 4 no registrarion & no insurance. They marked the... Read more »
I doubt that he is going to get jail time. He needs to fully explain the circumstances of the incident when he sees the prosecutor and the judge. He should have a dated receipt for buying the truck, to show he had just bought the vehicle. He should have photos of it in its disassembled...Read more »
Hi, I got pulled over for speeding and the officer told me he wrote me up for impeding traffic so I don’t get points on my record, but in the ticket the charge still states speeding but he wrote impeding traffic in the comments section. He then said just let the court know it’s for impeding... Read more »
If it says Speeding, in the area on the ticket, right below where it says, In Violation of (probably Local Ordinance), then the charge is speeding, and the notation of Impeding Traffic in the remarks section is not controlling. If you just pay the ticket, you will be paying for a speeding ticket....Read more »
Normally you can't "buy" your way out of community service. A lot of courts look at community service as an alternative to giving a person time in jail, so they often see it like they have already given you a break by not putting you in jail. Talk with your probation officer and...Read more »
Arraignment is usually just a formality (assuming you plead not guilty) to inform you of the charges and see if you are going to plead guilty or not guilty. It is at a Pre-trial that discussions would be held with the prosecutor to decide if the case could be resolved without a trial, even to the...Read more »
So the ticket was originally for an illegal turn. He made it for impeding traffic and on the line directly below it, is the illegal turn violation with its own fine and 2 points. I asked if my insurance would increase and he said no because it’s just a warning and I need to pay the impeding... Read more »
I agree that you need to get an explanation about this ticket. Maybe you can call the court and get clarification, but be sure you comply with the time limit stated on the ticket to formally respond to the ticket. If you can't get a satisfactory explanation, request an Informal Hearing and...Read more »
Operating a vehicle while intoxicated is what is prohibited. A vehicle is defined as a device that moves or can move on a highway, but not if it is powered only by human power. A bicycle without a motor is not a vehicle. A bicycle that has a power assist, that is being used, would be a vehicle. If...Read more »
I am a 25 and it's my 1st offense. I already work 2 jobs to pay the bills, so if you think a court appointed public defender can get the job done, same as a OWI attorney, please say that. Money is tight. What do I need to know & do? My arrainment is this coming Friday Sept. 6th
Many court appointed lawyers are very competent attorneys and serve their clients well. To some extent, it depends on what court the case is in, and who you get as an attorney. Some courts use a "house counsel" system that has one attorney handling all the court appointed cases that...Read more »
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.... Read more »
If the officer witnessed you speeding, the fact that he did not pull you over immediately is not a defense. You should contact an attorney who handles traffic cases on a regular basis for some guidance on how your particular case should be handled. Sincerely, Frank B. Ford
Probably the best way to approach this is to ask for an Informal Hearing. When you go for that, you can tell the Magistrate about the mistakes on the ticket, but even before you do that, talk with the officer, who should be there for the hearing, and see if you can reach an agreement that will not...Read more »
I had a restricted license when I moved from Michigan from a drunk driving 24 years ago(actually had two in same year). Colorado gave me a full license 2.5 years ago and now I want to move back to Michigan. I'm wondering if Michigan will give me my full license back or will it still be restricted?
That's a good question, and hard to answer without some further information. The most likely way to get a good answer is to obtain a COMPLETE, CERTIFIED driving record from the Michigan Secretary of State, and let me or some other Michigan attorney who handles drunk driving cases and the...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.