I have been charged with my 4 hibutial offence for drugs that I don't know how they can do so since I have asked them to DNA test the seringes in the case that were found in my vehicle in a bag of someone else property but the refuse to it would show that I had nothing to do with them and no... View More 
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answered on Nov 7, 2023
If you're facing charges and believe your civil rights have been violated due to the refusal of a DNA test on evidence, you should promptly discuss this issue with a criminal defense attorney. In Michigan, as in all states, defendants have the right to challenge the admissibility of evidence... View More
answered on Oct 11, 2023
Not on that basis alone. That would be considered a "scrivener's error", like a typo, and irrelevant to the charge. However, that might be supporting evidence of the officer's inability to correctly observe and write up the violation, perhaps because the officer was tired or distracted.
I was pulled over for speeding, even though I was not. Cop said he clocked me in a lane that I was not in. Cop issued a dble parking ticket. I contested, had an informal zoom hearing. The cop stated in the hearing that he didn't remember any of the details and that he was moving to dismiss.... View More
answered on Nov 14, 2023
The court is the one that reports - or "abstracts" - data to the Secretary of State, so they would need to change the date.
answered on Oct 30, 2023
Yes. because you should not have been driving if you were so tired that you would fall asleep.
Review or court for additional charges added while incarcerated
answered on Jul 17, 2023
Yes. But in the end, it doesn't really matter as all it takes is one probation violation.
answered on Jun 9, 2023
Possibly, but you were cited and need to appear in Court to explain that to the Judge. This arises in the area of traffic ticket law. You need to discuss with an attorney in your jurisdiction that specializes in this kind of law. Thank you for using Justia, Ask a Lawyer.
I was stupidly drifting on my road and after I parked in front of my house and exited my vehicle and proceeded to walk to my door a police cruiser then came around the corner flashed his lights and stepped out of his vehicle to conduct a traffic stop can an officer conduct a traffic stop after I... View More
Police car lights up approx 100 meters before me and followed me. Asked why he stopped me, didn’t answer & asked for drivers license. Told me after the reason I was over speeding. Told him I did not. He went back to his car & came back with a double parking ticket. He said when he saw... View More
answered on Nov 7, 2022
What's the question? If you dispute the ticket, you can request a formal hearing and be heard. Arguing roadside with the police is of little value.
answered on Nov 2, 2022
Was a vehicle registered in your name in a handicap spot? That could result in your being responsible even if you were not the driver.
I recieved a citation failing to stop within an assured distance while driving a work truck resulting in a minor fender bender. I have a chauffeurs license, but on the citation it's listed as a CDL, which I do not have. Does that affect anything?
answered on Jul 14, 2022
No. They can amend those tickets to correct errors like that.
I think it's only illegal when you are moving, but I want to make sure I read the statute correctly.
(1) Except as otherwise provided in this section, a person shall not read, manually type, or send a text message on a wireless 2-way communication device that is located in the... View More
answered on May 23, 2022
You are reading it correctly. Although I would suggest not to tempt a police officer. Getting into a legal dispute about whether you were "moving" is probably not a good use of your time or money to fight.
I've read that in Michigan it is required that police vehicles have identifying markings in order to do routine traffic stops and that it is unlawful for an unmarked police vehicle to initiate a traffic stop. Is there any written law to indicate this? Must they call in a marked unit to... View More
answered on May 16, 2022
What do you mean by "marked" cars? Some police agencies conduct traffic enforcement with cars equipped with lights / sirens, but no other markings. Those are not "unmarked" cars.
You have a potential defense to a fleeing and eluding charge if the car was truly unmarked... View More
the officer pulled me over on the highway and gave me a ticket i paid it in full but then received a letter telling me it had not been paid yet. i assumed i had not paid the whole ticket so i paid the amount they were asking. then i received another letter from the court stating my driving record... View More
answered on Apr 29, 2022
Yes, you should certainly fight the 2 tickets alleging that it is for the same violation until the prosecution can show/prove that the tickets are for different violations.
I received a ticket for speeding. The officer said that he would cut me a break for 5 over and 0 points. I noticed that my vehicle make was spelled incorrectly, it does not mention what model car, and color described was incorrect. The speed I was traveling was also not listed on the ticket, all it... View More
answered on Mar 13, 2022
You may want to the ticket. If the officer does not show up or cant remember what speed you were going the ticket could be dismissed. Even if the ticket cannot be dismissed, usually the ticket can be resolved at the hearing with a good attorney. I would recommend contacting an attorney in your... View More
I was turning left onto a street that has a ramp on the right hand side that leads to a major highway. I was given a ticket for turning into the far right lane to go onto the ramp. I’m not denying that it’s a law to turn into the closest lane first and then get all the way over but I do feel... View More
answered on Mar 7, 2022
You can fight. Request a formal hearing. You won't win as a matter of law. Police have discretion; people do things in front of cops all the time - sometimes the cop just lets them slide, other times they just don't see it happen. It doesn't change the fact that in this instance, the... View More
answered on Jan 30, 2022
My associate handles both of these areas. You can contact me for further information if you wish, or you could probably find someone else the easiest by searching for an attorney that runs a general practice.
I receive snap benefits and Medicaid .I'm on a low income and can't pay it is there anyway I can get it take care of because I'm trying to get back in to the work fell
I am the driver and I was driving just fine. The cop pulled out from a side street and was behind another car that was right behind me, got into the turning lane then quickly passed that car and then got directly behind me, following me down the road. Still doing nothing wrong… I then get pulled... View More
answered on Jan 20, 2022
Your friend definitely has a cause to fight. I probably don't need to tell you that the police were looking for something (or someone).
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... View More
answered on Jan 6, 2022
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,... View More
I was turning right leaving a gas station parking lot onto a 5 lane hwy [2 lanes for each direction of traffic and one center lane] And I turned into the lane closest to the center since that's what most motorist do in Michigan I've observed. I was then pulled over and told this was a... View More
answered on Dec 3, 2021
I believe a proper right turn requires a turn into the most immediate lane, so you would need to have turned into the right-most lane instead of the lane closest to center. I can appreciate what you are saying about seeing other motorists do this. Unfortunately for you, you happened to do this in... View More
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