Michigan Traffic Tickets Questions & Answers
Q: Should I fight a MI 257.602b case for using my phone as a map while driving? It was not affixed to the vehicle.
I received a ticket in Ogemaw County, MI for holding my phone to use it as a map/gps (as remarked on the citation). I was cited under the texting and driving law that specifies "a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located... Read more »
I think where you'll run into trouble arguing in your defense is that while holding your phone, it was not affixed to the motor vehicle - regardless of what was on your screen.
Q: 257.653(1)(B). Misdemeanor: failed to yield to emergency vehicle. Am I going to get the max penalty?
Police officer arrives at intersection with visible and audible sirens. During this, I passed a green light in a 4 way intersection but stopped near police vehicle. Emergency response passed at my back soon after I passed. This is my 1st offense. Would I get a maximum of a $500 fine and 30 days... Read more »
Likely not. Although you should certainly consult with a local attorney. It is very possible to achieve a more pleasant result through skillful negotiation with the prosecutor.
Q: Dear Sir, This is first time of misdemeanor. I got a clean record. Am i going to jail?
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 »
Q: Got a parking ticket in a no parking zone In AA. I thought parking tickets were not issued after 5pm. Help, can’t afford
Some metered parking may not be enforced after a certain hour, but parking rules in general are enforceable 24 hours a day but any authorized person.
You will need to contact the court to see about a payment plan. DO NOT ignore the ticket. People have been unceremoniously arrested when they... Read more »
Q: Are you at all familiar with "Ticket Fundraising" issue in Taylor, MI - any recourse for issuance of false tickets?
Husband was pulled over, officer said for speeding but he was not speeding, then said he would "do him a favor" and write the ticket for a parking violation (no points) - he was not speeding, and he was certainly not double parked on I-94 in Taylor... similar reports seem to say trying to fight... Read more »
If you fight it - i.e. demand a formal hearing - the officer could come to court and say "you know what, you're right. I should have actually wrote the ticket for 20 over". Then what? Unless your husband can overcome the presumption of evidence, he might be stuck.
Q: I got a speeding ticket with incorrect info on it. The Name, date of birth, address is wrong. Can I get this dismissed?
The only thing that is correct on the ticket is the Vehicle plate number. Should I fight this in court or contact the officer's supervisor?
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 »
Q: Must police ask reasonably related questions related to the purpose of the traffic stop for an equipment violation?
Illega I was pulled over by the state police and got in trouble. I turned the corner with him coming towards me and he immediately turned around and pulled me over. All that was asked was for my papers, and 'how much have you had to drink today cause I can smell it.' End of story. Not a clue why I... Read more »
Interesting question, and I can tell you did some research. The limits expressed in Terry v. Ohio don't apply when driving a car. Police can pull over a car for any number of reasons, and once stopped, can inquire as they did in your case. I would note that you didn't have to answer the question... Read more »
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 »
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 »
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?
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 »
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?
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 »
Q: Speeding ticket, need avoid guilty because of my insurance rates!! is there a way to go thru the court, pay fee
Enter some kind of program to have it dismissed, would paying lawyer get me off? What is reality of it?
Insurance companies set rates based on a number of factors, not lest of which is your driving record and self-disclosures. A speeding ticket is a civil infraction (assuming the speed and conditions did not reach the misdemeanor criminal level). You will need to request a formal hearing, at which... Read more »
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 »
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 »
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 »
So far as I know, there would be nothing preventing you from selling the car. If you keep the car, however, be sure you get insurance on it before you go to court, and take the proof of insurance coverage to court as soon as possible. If you can't do it before the court date, take the proof with... Read more »
Q: I was in an accident yesterday and had a blood level of 2.98. This will be my second offense and I’m really worried
I ended up totaling my boyfriends new truck and going to the hospital. I was not in the right state of mind when the cops talked to me and might have jeopardized myself. I had also taken two cbd gummies which is why I was drowsy. 4 years ago I got charged with an owi so this will be my second... Read more »
You definitely need an attorney to help you with the situation. The information here does not indicate where this happened, which can affect how to approach the case, the cost for legal services, and who might be a good choice of attorneys. I think it would be better if you called me, or some... Read more »
Q: I need to take care of a 14 year old traffic for driving on suspended license what's my options
Contact the court to see if there is a warrant for your arrest. If so, find out what the amount of the bond is. You would normally then have to go to the police department, but sometimes directly to the court, to turn yourself in on the warrant and post the bond, and get the charge set for a... Read more »
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 »
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 »
Q: I received a running red light ticket but the name on the ticket is not mine it's the owner of the vehicles do i pay it
I am listed as a licensed driver under the insurance of the vehicle the ticket is not in my name it is the name of the registered owner of the vehicle that was not even in the vehicle with me.
You need to contact the police department that issued the ticket, and ask them to dismiss the ticket and re-write it in your name. If you just pay it, the other person will get points on their record that they don't deserve. In being honest about it, you may actually help yourself by getting the... Read more »
Q: How do you request a court appointed attorney for a traffic violation?
You don't get one unless what you're cited for is a misdemeanor (versus a civil infraction), and you have the possibility of jail.
Q: Will I be able to use an emergency situation defense?
I have an 8 year old daughter who is highly allergic to bees. She was stung by a bee 20 miles from the nearest hospital. She waited ten minutes before telling me she was stung by a bee. I had epi pen for her but I did not think I could use it ten minutes after the initial sting. My boyfriend was... Read more »
Your boyfriend is fortunate that all he received was a speeding citation; he could have received criminal charges. Given the circumstances, though, and the fact that he wasn't criminally charged, it may be worth his while to obtain local counsel and request a formal hearing on the citation to see... Read more »
Q: Traffic Crash
Hi i involved in a traffic crash ticket after red light jump that got 3 other cars affected excluding mine.Police came to scene and gave me signal jump ticket. The Description says Disobey traffic signal with c&I checked only. The police confirmed that there were no injuries reported but there is... Read more »
Doesn't sound like it. Criminal charges could result if alcohol or drugs were involved, or you failed to stop and report, or you somehow intentionally or recklessly did this. None of that appears to be the case here.
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