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Michigan Traffic Tickets Questions & Answers
1 Answer | Asked in Appeals / Appellate Law and Traffic Tickets for Michigan on
Q: I appealed a decision made on behalf of secretary of state to suspend my license for an year and 6 pts on my record

It was due to traffic stop and an supposed to be chemical drug test refusal which I just didn't understand

Brent T. Geers
Brent T. Geers answered on Oct 6, 2021

What is your question? It sounds like you got an implied consent violation. When the police suspect you of drunk driving, by virtue of you driving, you consent to a chemical test - which is usually a breath test administered at the jail or police station; not the one done on scene by the police,... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Should I fight an impeding traffic citation if I didn't properly tell my side of the story to the citing officer?

I was making a right turn into the right lane of a divided highway, a car came out of the left lane and there was a collision. At the time, I was too shook up to properly tell my side of the story to the officer. He gave me a citation(reduced, no pts) and I was listed as at fault. Upon reflection,... Read more »

Brent T. Geers
Brent T. Geers answered on Oct 4, 2021

You can; although you're going to have to explain how your "reflection" is more true and accurate than what you initially told the officer.

You may want to take the no points and move on.

1 Answer | Asked in Traffic Tickets and Car Accidents for Michigan on
Q: I was issued a citation on 9/28/21, the citation states that the incident happened 7/28/21. Can I get this dismissed?

I was struck by another car in an intersection while I had a green arrow. Im getting a failure to yield because of the cops evaluation, he believes I am at fault. I have witnesses that saw the other person run a red light, but I also don't want to take things to chance. Can I get this thrown... Read more »

Peter N. Munsing
Peter N. Munsing answered on Sep 29, 2021

No. Focus on the facts. See if there was a camera at the intersection. And if you were hurt contact a member of the Michigan Assn for Justice--they give free consults.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I received a ticket for speeding and 2 civil infractions. Cop dropped original ticket and court date issued new ticket

The problem is with the new ticket when he came to my house he said he’s dropping the speeding but not the suspended licenses or failure for registration. Mind you I took his advise got the registration and my license done same day online. They said I missed court but I have an email saying they... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 8, 2021

You should take it to court, and when you talk with a prosecutor, they'll probably straighten some of this out.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: How do I determine if my subdivision is a "Residential Subdivision" with a speed limit of 25mph?
Brent T. Geers
Brent T. Geers answered on Aug 5, 2021

Contact your city or township. It likely is 25 MPH, unless it's posted somewhere otherwise.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: How close to a “no parking” sign can I park in the state of Michigan?

Got a parking ticket for prohibited parking, I was a good 50 feet from the nearest sign and there was a gap in the curb between my vehicle and said sign

Michael Zamzow
Michael Zamzow answered on Aug 6, 2021

It will generally depend on the municipality.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a DWLS in 2014, I never went to court for the ticket. Is there a statute of limitations for these offenses

I got a ticket, never went to court because I moved states. The ticket was for Driving While License was Suspended, is there a length of time before these tickets go away, or do they stay with me forever

Brent T. Geers
Brent T. Geers answered on Aug 5, 2021

You should contact the court listed on the ticket. It's likely you have a bench warrant for failure to appear. It's possible you can rectify the situation virtually, or retain local counsel to help you. Once you've been charged with something, it doesn't just go away over time.... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: what is the determining factor that classifies a "residential neighborhood"? How do I know what the speed limit is?
Michael Zamzow
Michael Zamzow answered on Aug 6, 2021

It might depend on the Statute, county, and municipality.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a ticket for not producing my insurance card and ID in under 10 minutes. Is that legal?

I was looking for my credentials in my bag but I guess I was taking to long. The officer said he would look it up by my tag. When he came back to the car I found my license and insurance card but he already wrote a ticket because I didn't find it within 10 minutes. I've never heard of... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 17, 2021

One way to find out: ask for a formal hearing, and a judge or magistrate may agree with you. You won't find a specific time limit in the law. The cop can't be expected to wait all day for you; but to expect you to virtually be driving with your license in hand may also be unreasonable.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Can a cop search your car without asking

Was asked to get out and sit on the front of a cruiser reason for being pulled over was no plate on vehicle

Brent T. Geers
Brent T. Geers answered on Jun 1, 2021

Your question asks if the police may search your car, but your explanation doesn't involve a search. Yes, the police may request you to exit the vehicle during a traffic stop. Does it always happen? No. But they certainly may demand that you do. Can they search your car is a different matter.... Read more »

1 Answer | Asked in Appeals / Appellate Law, Traffic Tickets and DUI / DWI for Michigan on
Q: If I ask for driving license hearing reconsideration, with new evidence, can I still appeal if they deny me again?

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 »

Frank B. Ford
Frank B. Ford answered on May 18, 2021

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 »

1 Answer | Asked in Legal Malpractice and Traffic Tickets for Michigan on
Q: Is it legal for a cop to follow me around after I recorded him, and write me up for a statute I didn't violate? help

I feel like my 1st amendment rights to freedom of press and speech are being attacked, I filed a complaint and the supervisor blew me off and said he won't argue the constitution with me, deal with the ticket in court. I don't feel I should be picked on by law enforcement when I am not... Read more »

Brent T. Geers
Brent T. Geers answered on May 18, 2021

Without determining whether the police are right or wrong here, they are right about one practical aspect of the law: you won't win an argument about law or fact with the police on the streets; that is what courts are for.

Your first amendment right to watch the police while in public...
Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: we asked our neighbor hood if we could a off road go kart on the road and they said yes is that ok?

Ok so is it okay for a 13 year old to drive a off road type go kart on the neighborhood road. We asked the neighborhood facebook page and they said its ok as long as we are driving respectfully. Is it illegal? We have seen other kids with dirt bikes, go karts, etc and no problems.

Brent T. Geers
Brent T. Geers answered on May 10, 2021

What your neighbors are agreeing to is not what the law allows. You must have a street legal vehicle to drive on public roads. But if your neighbors are saying it's okay, then I imagine no one will call the police, so this all might be "a tree falling in the woods with no one to hear... Read more »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: Found guilty of speeding in Indiana court in 2006. They never sent me a bill for it. Is it expired? Can they collect?

Do they have a certain amount of time to send a bill for a ticket? They never sent me anything. Shouldn't I have a right to expect them to send me a bill within a reasonable amount of time or forfeit the fine due to a statute of limitations?

Michael Zamzow
Michael Zamzow answered on May 3, 2021

This question might be better asked of an Indiana attorney, you might have received all the necessary information at the time of judgment and it's possible Indiana will never send you a bill. Rather, they might just be waiting to notice you entering the state.

1 Answer | Asked in Criminal Law and Traffic Tickets for Michigan on
Q: So I wanted to know if this is true that if the court or a ticket has your info wrong you can get the case thrown out
Brent T. Geers
Brent T. Geers answered on Mar 31, 2021

Not necessarily. If the information is sufficient to know it's you, anything else can be corrected.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: i got pulled over today, and was driving on a permit. and now have a court date. do i need a lawyer?
Brent T. Geers
Brent T. Geers answered on Mar 16, 2021

Since you're asking the question, you should consult with an attorney at the very least before your court date.

1 Answer | Asked in Constitutional Law, Criminal Law, Traffic Tickets and Gov & Administrative Law for Michigan on
Q: Does the 4th amendment govern the possession of a warrant by a police officer?

webb v. state 51 n.j.l. 189 (1889), suggest that it is a requirement under common law.

Brent T. Geers
Brent T. Geers answered on Mar 12, 2021

The 4th Amendment does govern whether a warrant may be issued and when. Be careful with legal research and relying on case law for information unless you are trained to do so.

1 Answer | Asked in Traffic Tickets for Michigan on
Q: The citation has my husband's info and he wasnt even with me when I got pulled over. Can I get this dismissed?

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?

Frank B. Ford
Frank B. Ford answered on Feb 16, 2021

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 »

1 Answer | Asked in Traffic Tickets for Michigan on
Q: I got a ticket in michigan for unlawful use of a license plate. Please helpppp!!!

I had a second vehicle and used that plate on a truck that i had just bought. truck had insurance just couldn't make it to the dmv to transfer/get a plate due to covid-19. Im 21 and not very educated in law. I figured having a plate is better than no plate. i plead not guilty and have court in... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 20, 2021

It would seem you were charged with a misdemeanor. While someone unlikely, the potential for jail exists, and so you absolutely should consult with an attorney, or request a public defender.

1 Answer | Asked in Personal Injury and Traffic Tickets for Michigan on
Q: can i sue the PD for giving my child covid after making my child sit in the car with the officers after a traffic stop?

my son was pulled over for a tail light while on his way to the grocery store. While pulled over neither officer had a mask and made him take his off to identify himself. While they ran his name they made him get out of his vehicle handcuffed him and sit in the patrol car with them. After waiting... Read more »

Brent T. Geers
Brent T. Geers answered on Jan 17, 2021

Your son should first make a complaint against the officers with the department's internal affairs. Legally, whether the officers' actions were appropriate will depend on what exactly was going on at the time, and what your son was or was not doing.

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