Civil infractions in Michigan fall into two categories: Traffic and non-traffic. A traffic civil infraction starts when you are given a Uniform Law Citation (a ticket) by an officer. The ticket claims that you’ve violated one or more of the Michigan Vehicle Codes or a local law. The punishment for these infractions does not include jail time. In these cases, the officer who gave you the ticket is the complainant on behalf of the plaintiff (which is either the state of Michigan or a local government agency). Once you’ve been issued a ticket, you’re considered the offender (defendant).
Non-traffic civil infractions also start when you’re issued a ticket. However, this complaint is related to a civil infraction that doesn’t involve a motor vehicle. All other aspects of a non-traffic civil infraction are the same as a traffic civil infraction. There are many types of traffic infractions including speeding, not wearing a seat belt, and defective equipment (such as driving with a broken taillight). Common non-traffic infractions include not following the rules at a campground, not wearing a concealed pistol license permit if you’re carrying a concealed weapon, or violating various local rules about littering or noise.
Why You Should Fight Civil Infractions
A lot of people just pay the ticket without thinking about “fighting” it with the help of an attorney. This can be a mistake because even though civil infractions don’t mandate jail time, they can become part of your record and affect other aspects of your life—like making your car insurance premiums much higher. It’s also a big mistake to not read both sides of the ticket, lose the ticket, or purposely ignore it. Tickets always provide information on how to dispute it, including requesting a hearing.
Most of the time, all civil infractions are overseen by district judges/magistrates close to where the complaint occurred. You have a number of ways to respond to a ticket, and when you pay it, you’re automatically admitting responsibility. You can also admit responsibility but couple it with an explanation while paying the amount—this can positively affect the outcome related to longer-term punishments (like higher insurance premiums). You have the option to deny responsibility and get a hearing where you tell the judge what happened (note that attorneys are only allowed at formal hearings). Finally, you can request a formal hearing while denying responsibility. This is where you can hire an attorney to help you state your case.
Civil Infractions Realities
If you don’t respond to a ticket in any way, you’ll receive a default judgment that’s sent to the Secretary of State. Points can be added to your driving record, and eventually you might have your driver’s license suspended. In non-traffic civil infractions, if you don’t respond, you may eventually have a hold put on your license so you can’t renew it. Repeat offenders might get an order to appear in court so you can explain why you shouldn’t be considered in contempt—or you may even have a warrant issued for arrest. Working with an attorney from the moment you receive an infraction helps achieve a more favorable outcome and ensures you don’t miss any details by taking care of matters (or not) yourself. Contact Defense Coverage today for more information.