Driving is a fundamental part of many people’s daily lives. One of the more complex aspects of driving is dealing with traffic offenses and tickets. Although it may seem easy to just pay for a ticket and move on, many people do not realize the consequences of just paying a ticket.
According to the Michigan House of Representatives Fiscal Agency, the revenue generated from traffic tickets in Michigan is about $125 million annually.
Traffic Offenses usually come in the form of “citations”, commonly called “tickets”. There are 2 types of traffic offenses: Misdemeanors and Civil Infractions. Misdemeanors are more serious and hold higher penalties than civil infractions, including jail time. Along with the possibility of going to jail, some of the penalties for misdemeanor traffic offenses include paying a fine, suspension of your license, or having “points” added to your driving record.
Civil Infractions are payable with a set fine amount and can add points to your driving record. An important distinction between traffic offenses is if they are an abstractable or a nonabstractable offense. Abstractable offenses go on your driving record and nonabstractable offenses do not.
The Michigan Secretary of State’s office oversees all the driver’s licenses in the state and keeps track of traffic offenses. They have a “point system” for driving offenses where the more serious the offense, the higher the point value. Points stay on your record for 2 years. If you get 12 points or 6 different offenses, you will be required to take a driver’s reexamination assessment. The number of points you have on your record can also affect your insurance premium.
As most traffic offenses tend to be negotiable in courts, it is also possible to get a court to reduce the number of points or in some cases, replace the points with fines. One of our skilled attorneys could also possibly demonstrate to the court that you were not the driver at fault for some of these violations.
Here are some of the most common traffic offenses and their point values:
- Civil Infraction (green)
- Misdemeanor (Purple)
- Felony (Black)
6 Points:
- Manslaughter, negligent homicide, or other felonies involving the use of a motor vehicle;
- Driving While license suspended, denied, or revoked causing injury or death
- Fleeing or eluding a police officer.
- Operating under the influence of liquor or drugs;
- Operating with the presence of any schedule 1 drugs or cocaine;
- Failing to stop and give identification at the scene of a crash;
- Reckless driving;
- The unlawful bodily alcohol content of .08 or more;
- Refusal to take a chemical alcohol test;
- Failure to yield or use caution for emergencies, construction vehicles causing injury; and
4 Points:
- Drag Racing;
- Impaired driving;
- Under age 21 with any bodily alcohol content;
- 16 mph or more over the legal speed limit; and
- Failure to yield or use caution for emergency vehicles.
3 Points:
- Careless driving;
- Disobeying a traffic signal or stop sign or improper passing;
- Failure to stop at a railroad crossing; and
- 11 through 15 mph over the legal speed limit.
2 Points:
- Open alcohol container in vehicle;
- Driving while license suspended, denied, or revoked
- 6 to 10 mph or less over the legal speed limit;
- Failure to yield to a funeral procession
- All other movement violations of traffic laws; and
- Refusal of Preliminary Breath Test (PBT) by anyone under age 21.
If you or someone you know is dealing with traffic offenses, it is imperative that you seek legal representation from a lawyer familiar with this area of law. Finding a resolution that can keep someone’s driving record clean and keep from paying hefty fines may be available.
If you would like to set up a consultation to discuss your case further, please feel free to contact us or call (586) 413-7777 at your earliest convenience.