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traffic law faqs

I have no tickets on my record and just got a speeding ticket. Is it worth fighting?
I just got a ticket and I was definitely guilty. Is it worth fighting?
I would like to fight my traffic ticket but I don't want to take a day off work to go to court. Is there any other way to fight the ticket?
What is Michigan's Drivers Responsibility Law?
My license was suspended for an unpaid ticket and I got a Driving While License Suspended Ticket (DWLS). What good will it do me to have a lawyer?
Am I at fault if I rear-end another vehicle?
Do I need an attorney to represent me for a speeding violation in Michigan?
What are my rights if I am stopped, searched, or arrested by the police?
What is a criminal traffic offense?
What is a civil traffic infraction offense?
How many points will I get on my license?
What is a Request for Discovery?
I got a ticket for speeding in a construction zone. What is special about that?

I have no tickets on my record and just got a speeding ticket. Is it worth fighting?
Absolutely. The best time to fight a ticket is while you have a clean record. An experienced traffic lawyer can often negotiate the best plea bargain when the client has a clean record. Often, a deal can be made to reduce the ticket to an offense that does not get reported to the Secretary of State and therefore never appears on your record. That way, if you get another ticket you will still have a clean record and can try and avoid any points all over again.

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I just got a ticket and I was definitely guilty. Is it worth fighting?
Generally, yes. If you have an experienced criminal defense attorney, a reduction in the number of points can usually be negotiated. Sometimes the ticket can be eliminated altogether. Unless the officer gave you an unbelievable break they will usually agree to a reduction when an experienced lawyer is involved.

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I would like to fight my traffic ticket but I don't want to take a day off work to go to court. Is there any other way to fight the ticket?
Most courts in metro Detroit recognize how busy people are and are now allowing traffic ticket attorneys to represent their clients without the clients having to be present in traffic matters. Often clients give us authority to negotiate the best possible deal for them and we handle everything without the clients presence. However, if you want to fight the ticket with an actual hearing you will need to be present.

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What is Michigan's Drivers Responsibility Law?
Basically, it is a tax on bad drivers that Governor Granholm and the legislature created to help fix the states budget deficit. However, since politicians don’t want to be accused of raising taxes they called it a law about responsibility. The fees begin at $100 if a person has 7 or more active points on their record and increase by $50 for every additional point. For 18 points the fee is $650. Once you cross the point threshold you will have to pay the fee for two years. Failure to pay the fee will result in a suspension of your driving privileges. In addition, the following, more serious traffic matters have higher fines. Operating While Intoxicated- $1000 per year for two years, Operating While Impaired- $500 per year for two years, Driving While License Suspended- $500 per year for two years, No Proof of Insurance- $200 per year for two years. Below is a list of eligible offenses and their fines.

Assessed $1,000 per year for two years

• CDL Manufacture / Distribute a Control Substance
• Fail to Use Due Care Causing Death of Person Operating Implement of Husbandry
• Fail to Use Due Care Causing Injury of Person Operating Implement of Husbandry
• Failed to Stop After P.I. Accident
• Failed to Stop or Identify After P.D. Accident
• Failed to Stop or Identify After P.I. Accident Causing Serious Impairment of a Body Function
• Failure to Stop or Identify After P.I. Accident Causing Death
• Failure to Use Due Care and Caution Causing Death of a Construction Worker
• Failure to Use Due Care and Caution Causing Injury of a Construction Worker
• Failure to Yield For an Emergency Responder Causing Death
• Failure to Yield For an Emergency Responder Causing Injury
• Felonious Driving
• Felony With Auto Used
• Felony / Auto Used
• Fleeing and Eluding officer 1st Degree – Causing Death
• Fleeing and Eluding Officer 2nd Degree – Causing Serious Injury
• Fleeing and Eluding Officer 3rd Degree
• Fleeing and Eluding Officer 4th Degree
• Manslaughter
• Murder / Auto Used
• Negligent Homicide
• Operated Commercial Motor Vehicle with BAC .04 .07
• Operated While Intoxicated or While Impaired By Controlled Substance Causing Death
• Operated While Intoxicated or While Impaired By Controlled Substance Causing Serious Injury
• Operated While Intoxicated or While Impaired By Liquor Causing Death of An Emergency Responder
• Operated While Intoxicated or While Impaired By Liquor Causing Serious Injury
• Operating While Intoxicated
• Operating While Intoxicated or While Impaired Causing Death
• ORV – Allowed Person Under Influence Alcohol / Controlled Substance To Operate
• ORV – Combined Operated Under Influence Liquor / Controlled Substance
• ORV – Combined Operated Under Influence Liquor / Unlawful Bodily Alcohol Content
• ORV – Operated Under Influence of Controlled Substance
• ORV – Operated Under the Influence of Liquor
• ORV – OUIL / OUID / OWI Causing Death
• ORV – OUIL / OUID / OWI Causing Serious Impairment of A Body Function
• ORV – Unlawful Bodily Alcohol Content
• Snowmobile – Felony / Snowmobile Used
• Snowmobile – Operating Under the Influence of Controlled Substance Causing Death
• Snowmobile – Operating Under the Influence of Controlled Substance Causing Serious Impairment of A Body Function
• Snowmobile – OUIL Causing Death
• Snowmobile – OUIL Causing Serious Impairment of A Body Function
• Unlawful Driving Away Auto

Assessed $500 per year for two years

• Child Endangerment
• Combined OWI and Controlled Substance
• Drove Commercial Motor Vehicle While Disqualified
• Drove While License Suspended / Revoked / Denied (DWLS)
• DWLS Causing Death
• DWLS Causing Serious Injury
• No Insurance Under The Insurance Code
• Operated While Impaired By Controlled Substance
• Operating While Impaired By Liquor
• Operating With Presence of Drugs (OWPD)
• Person Under 21 With BAC
• Reckless Driving

Assessed $200 per year for two years (as of May 1, 2004)*

• No Proof of Insurance
• No Insurance

Assessed $150 per year for two years

• Drove w/o Proper License / Endorsement / Vehicle Group Designator
• Drove While License Expired
• Drove While Unlicensed or License Not Valid

It’s a good idea to fight all of these charges even if it’s just to try and avoid the Drivers Responsibility fee.

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My license was suspended for an unpaid ticket and I got a Driving While License Suspended Ticket (DWLS). What good will it do me to have a lawyer?
First, see the above question regarding the Driver Responsibility tax. Next, consider that DWLS is punishable by up to 93 days in jail and the fact that many judges locally are giving jail time for this offense because so many people continue to drive without a valid license. If your traffic lawyer is experienced in these matters and understands the different policies of the courts and judges involved a lot can be done to save your money, your freedom and help you get a license back sooner. Remember, a DWLS conviction is punishable by up to 93 days in jail, a $500 fine, $1000 in Driver Responsibility fees, possible probation and mandatory licensing penalties from the Secretary of State. It is important to protect yourself in these matters.

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Am I at fault if I rear-end another vehicle?
Almost always, yes. The law states that you must maintain a safe distance to be able to stop safely if a car stops in front of you.

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Do I need an attorney to represent me for a speeding violation in Michigan?
An experienced traffic lawyer can increase your chances of winning your case. Speeding tickets and other traffic violations can result in the following:

• Add points to your driver's license
• Cause the suspension of your driver's license
• Cause your driver's license to be revoked - temporarily or permanently
• Increase your vehicle insurance payments
• Result in your car being confiscated
• Scar you with a permanent criminal record
• Sentence you to probation
• Send You To Jail

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What are my rights if I am stopped, searched, or arrested by the police?
You have the right to:

• Ask why you have been stopped.
• Refuse any additional search beyond a "pat down". The police may "pat-down" your clothing if they suspect you are carrying a concealed weapon.
• Remain silent.
• Talk to a criminal lawyer.

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What is a criminal traffic offense?
A criminal traffic offense such as driving under the influence, reckless driving, fleeing a police officer or leaving the scene of an accident, requires a court appearance and it carries with it criminal penalties which may include a fine, court costs and/or the possibility of a jail term.

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What is a civil traffic infraction offense?
A civil traffic infraction is a non-criminal charge that can be disposed of by payment of a civil penalty, requesting a court hearing, or, sometimes, election of a defensive driving course. A court appearance is not required, unless you are challenging your ticket or don't want to accept the points on your license.

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How many points will I get on my license?
Points are charged as follows in Michigan:

Two Points - 10 mph or less over the legal speed limit; open alcohol container in vehicle; all other moving violations of traffic laws; and/or refusal of Preliminary Breath Test (PBT) by anyone under age 21.

Three Points - Careless driving; disobeying a traffic signal or stop sign or improper passing; 11 through 15 mph over the legal speed limit; failure to stop at railroad crossing; and/or failure to stop for a school bus or for disobeying a school crossing guard.

Four Points - Drag racing; impaired driving; under age 21 with any bodily alcohol content; 16 mph or more over the legal speed limit; and/or failure to yield/show due caution for emergency vehicles.

Six Points - Manslaughter, negligent homicide, or other felony involving use of a motor vehicle; operating while intoxicated by liquor or drugs; failing to stop and give identification at the scene of a crash; reckless driving; unlawful bodily alcohol content of 0.08 or more; refusal to take a chemical test; and/or fleeing or eluding a police officer.

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What is a Request for Discovery?
A Request for Discovery is an information request your attorney makes to the prosecutor for relevant information related to your case. If you were cited for speeding, you may want information on the kind of speed measurement device the officer used to clock your vehicle, or the training records for the officer that measured your speed.

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I got a ticket for speeding in a construction zone. What is special about that?
Fines for speeding in a construction zone are doubled. Also, speeding in a construction zone 16-24 miles per hour over the limit is a 4 point ticket and 25 miles per hour over the limit is a 5 point ticket. These are costly tickets both for the fines and the affect on insurance rates. It does not matter if workers were actively engaged in construction when you were stopped. If the area was identified as a construction zone the law considers it a construction zone even though the intent of the stiffer penalties is to protect workers. Usually, if your record is decent and you were cooperative with the officer, an experienced criminal defense attorney can negotiate a substantial reduction in the ticket and sometimes the fine as well.

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