Civil Infractions and Misdemeanors
An offense alleged in a Michigan traffic ticket is either a civil infraction or a misdemeanor. In each instance, the driver allegedly has committed a violation of state law or a local ordinance; however, the consequences of a civil infraction and a misdemeanor are different.
A civil infraction is an offense for which the penalty does not include jail time. A misdemeanor is an offense for which the penalty includes the possibility of jail time. Regardless of the type of offense, let the Law Offices of Glenn A. McCandliss help with your Warren speeding ticket.
Types of Offenses Alleged in Traffic Tickets in Warren
Civil infractions
These types of traffic offenses constitute a civil infraction in Michigan:
- Speeding
- Careless driving
- Defective equipment
- Failure to wear a safety belt
- Failure to yield the right of way
- Disobeying a traffic control device
A civil infraction for a traffic offense usually is heard by the district court closest to where the incident occurred. There are several ways to respond to the ticket:
- Admit responsibility and pay the amount indicated
- Admit responsibility with an explanation and pay the amount indicated
- Deny responsibility and ask the judge for an informal hearing where you and the police officer can explain what happened
- Deny responsibility and ask for a formal hearing where the prosecutor will have to establish that a law was violated
If you do not respond in one of these manners, a default judgment will be issued, and points may be added to your driving record.
The penalty for a civil infraction is the payment of fines, costs, and fees. Also, the Secretary of State may add points to your driving record. In certain situations, your driver’s license can be suspended.
Misdemeanors
A misdemeanor case can be started in one of two ways. If the offense includes a jail sentence of 93 days or less, the police officer may issue a ticket asserting a violation of state law or local ordinance. If the offense includes a jail sentence that exceeds 93 days, the prosecutor must authorize the filing of a complaint.
Common traffic misdemeanors include reckless driving and first or second drunk driving offenses. Misdemeanors generally are handled at the district court closest to where the accident occurred.
Generally speaking, if you are convicted of a misdemeanor, you may be required to pay a fine and costs. The Secretary of State will add points to your driving record, and some convictions may result in a jail sentence. You also may be ordered to attend a driver safety course, counseling, or other program.
If you have received a traffic ticket in Warren, contact the Law Offices of Glenn A. McCandliss for a free consultation.
Call 1 586-782-4932 for help with your Warren speeding ticket.