In Michigan, traffic offenses range from civil infractions to misdemeanors and felonies. The differences between felonies and misdemeanors matter. A misdemeanor is more serious than a ticket, and the court can consider jail. That possibility is real, even for something that seems minor at first.
Driving while your license is suspended is a common traffic violation that can be charged as a misdemeanor. Suspensions today usually come from safety issues, prior convictions, or a court order tied to driving. Also, saying you did not know about the suspension does not fix the case if proper notice was given.
If you find yourself in a similar situation, speak with a reputable Oakland County misdemeanor lawyer today. At Michigan Defense Law, our lawyers can provide the guidance and representation you need to manage the legal process and safeguard your rights. Contact us today at (248) 451-2200 for assistance with your misdemeanor case.
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What Are The Consequences Of A Traffic Misdemeanor
Driving on a suspended license is not a minor ticket. If you are convicted, the Secretary of State adds time to your suspension. If your original suspension had an end date, the state adds the same amount of time. If your license was suspended or denied without an end date, the state adds 30 days. You also get points. It is 2 points, or 4 points if you caused a crash. Jail is possible too. Up to 93 days for a first DWLS. Up to one year if you have a prior.
Some courts treat this very seriously. Oakland County is known for coming down hard on DWLS, especially if you have any history of the same charge. Macomb County and parts of Wayne County take the same approach. You might have gotten a light outcome for this ticket in another city then you show up in front of a different judge and find out jail is on the table. That shock is common.
Courts view repeat DWLS as a sign that someone is not following the law. If you have more than one, expect tougher questions and tougher penalties.
Reckless driving is another traffic misdemeanor. You can go to jail for it. A conviction puts 6 points on your record and triggers a 90-day hard suspension of your license. That means no driving at all for 90 days.
Other misdemeanor traffic offenses include operating while intoxicated by alcohol, operating while impaired, and operating while intoxicated by drugs. These charges can stack up quickly and cause long-term trouble for your record and your license.
Child endangerment also comes up. That applies when kids are in the car and you are doing something dangerous or improper. Open intoxicants in a vehicle is a misdemeanor as well. Police can charge you if there is an open, accessible container in the car, even if you are not actively drinking. A conviction carries up to 93 days in jail and adds 2 points to your record.
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Are Traffic Violations Misdemeanors?
A traffic offense, also known as a traffic violation, takes place when a driver breaches the motor vehicle laws or regulations established by a state. Sometimes, a traffic offense or violation is categorized as an infraction, which is not considered a criminal offense (misdemeanor or felony). However, more severe traffic offenses or violations may result in misdemeanor charges.
In Michigan, traffic violations are categorized as either civil infractions or misdemeanors. Driving a vehicle with a suspended license is classified as a misdemeanor, leading to substantial consequences. Other traffic misdemeanors include activities such as driving under the influence of alcohol or drugs. In certain instances, reckless driving can also be treated as a misdemeanor rather than a standard traffic infraction.
Penalties for these offenses vary depending on the specific charge but may encompass fines, court costs, license suspension, and, in the case of misdemeanor traffic offenses, the possibility of imprisonment. Failure to address a traffic ticket can lead to the revocation of your driver’s license.
Determining if a traffic violation qualifies as a misdemeanor can be a difficult process. At Michigan Defense Law, our skilled Michigan motor vehicle offenses lawyers can provide invaluable assistance. With a deep understanding of state traffic laws, our attorneys can assess your case, strategize a defense, and work towards minimizing potential consequences. Contact us today to protect your rights when dealing with a motor vehicle offense in Michigan.
Oakland County Misdemeanor Lawyers
Paul J. Tafelski
Paul guides clients through the full lifecycle of a motor-vehicle case, from initial investigation to motions, negotiations, and trial, working to reduce penalties and safeguard licenses and records in Oakland County’s courts.
- Active bar memberships: Michigan, ABA, CDLM, Oakland County Bar, Advocates (Polish Bar Association)
- Court admissions: All Michigan state courts; U.S. federal courts in Michigan
- Recognitions: Super Lawyers (2011–2013, 2017–2021); Leading Lawyer (2017)
- Education: Michigan State University; Detroit College of Law at MSU (J.D.)
Is a Speeding Ticket a Misdemeanor?
Speeding is typically not considered a misdemeanor. Instead, it is classified as a civil infraction. This distinction is important because civil infractions, unlike misdemeanors, do not carry criminal charges. Instead of facing criminal consequences, drivers who receive speeding tickets are subject to administrative penalties, primarily in the form of fines. The amount of the fine is determined by how much the driver exceeded the speed limit. In addition to fines, drivers may also have demerit points added to their driving record if they plead guilty. These points can lead to increased insurance rates or even license suspension if they accumulate over time.
However, it’s important to note that there are certain situations where speeding can indeed result in a misdemeanor charge. While a standard speeding ticket won’t lead to jail time, excessive speeding might. If a driver’s actions are deemed to show a “wanton and willful disregard for others’ safety or property,” they could be cited for reckless driving. Reckless driving is a more serious offense and is classified as a misdemeanor. It carries harsher penalties, including the potential for up to 93 days in jail upon conviction.
Factors That Turn a Ticket into a Misdemeanor or Felony
Certain facts can push a simple ticket into a criminal case. In Michigan, careless driving is a civil infraction. It becomes a misdemeanor when your conduct crosses into reckless driving, meaning willful or wanton disregard for safety. Reckless driving is chargeable even without a crash.
Aggravating facts push things uphill. Excessive speed, weaving through traffic, or running lights can support a reckless charge. Dangerous conditions matter too. If you drive the same way in heavy rain, ice, or low visibility, prosecutors argue you ignored an obvious risk.
Driving through designated areas like school and construction zones requires heightened awareness, as traffic violations in these locations carry significantly more severe consequences. In a school zone, simply exceeding the special speed limit is a civil infraction, but combining it with risky maneuvers can lead to a more serious reckless driving charge. The penalties are even stricter in construction zones, where fines are substantially increased. Moreover, if a driver causes an accident that injures or kills someone within a work zone, prosecutors can pursue criminal charges tied to the underlying violation.
Alcohol or drugs immediately raise the stakes. While Operating While Intoxicated (OWI) is a crime on its own, it becomes a felony if the impaired driving causes serious injury or death. Penalties also jump if a child under 16 is in the vehicle, and prior convictions can elevate the OWI charge itself to a felony.
When a crash results in serious injury or death, the legal consequences escalate significantly. Reckless driving that causes serious impairment or death is a felony, and leaving the scene of an injury or fatal crash is also a felony.
In Oakland County, misdemeanor traffic cases are handled in the district court, while felonies start there and can be sent to circuit court. A local defense lawyer can evaluate the police reports, contest aggravating facts, negotiate charge reductions, and protect your license and record.
What Would Aggravate A Misdemeanor Traffic Violation To Felony Status?
If a driver does not stop when signaled by police, fleeing and eluding can be charged. Depending on the degree and the harm caused, it is a felony. Unlawfully driving away an automobile (UDAA) is the felony auto taking offense. “Joyriding” or use without authority is a separate misdemeanor.
Another common misdemeanor is failure to stop and identify after a property damage accident. In other words, say your car slides off the road and causes some damage to a fence, and rather than sticking around and waiting for the police to make a police report, you drive home and intend to just deal with it the next day. Many of those situations result in the police showing up at your house and issuing you a misdemeanor ticket for failure to stop and identify after a property damage accident. The courts take those very seriously because, in general, the assumption at the courthouse is that you probably were drunk and got away with it. Or you had drugs in your car, had a warrant for your arrest, or had a suspended driver’s license.
They always assume that if you leave the scene of a property damage accident, it is because you are trying to cover up something worse. That is another important misdemeanor that can add six points to your driver’s license as well.
| Offense / Scenario | Charge Level | Penalties |
|---|---|---|
| Careless Driving | Civil Infraction | Fine and 3 demerit points |
| Reckless Driving (general) | Misdemeanor | Up to 93 days in jail and/or up to $500 fine |
| Reckless Driving causing serious injury | Felony | Up to 5 years in prison; $1,000–$5,000 fine; possible vehicle immobilization/forfeiture |
| Reckless Driving causing death | Felony | Up to 15 years in prison; $2,500–$10,000 fine; possible vehicle immobilization/forfeiture |
| OWI causing serious injury | Felony | Up to 5 years in prison; up to $5,000 fine |
| OWI causing death | Felony | Up to 15–20 years in prison; severe fines |
Experienced Legal Assistance When You Need It Most
For more information on Enhancements of Traffic Violations, a free initial consultation is your next best step. Contact us today and get the information and legal answers you are seeking by speaking with one of our Michigan criminal defense lawyers at (248) 451-2200.
