Articles Posted in Traffic Tickets

Below is a list of traffic tickets which need to be addressed at the 52/1 District Court in Troy, Michigan when the traffic offense occurs in one of  the following communities: Troy, Clawson. The Judges currently serving the 52/4 District Court are the Honorable Maureen McGinnis and the Honorable Kirsten Nielsen Hartig.

Misdemeanor traffic tickets require the individual cited to appear in court to address the matter.  Civil infractions can be either contested in court (if the individual makes a timely request) or payment can be made in person, by mail, or online to satisfy the ticket.  The fines listed below are subject to change.  Misdemeanor traffic offenses also carry a potential penalty that may include the following depending upon the offense: jail time, probation with conditions, fines, costs, restitution, driver’s responsibility fees, and driver’s license sanctions.   Failure to appear or pay tickets on a timely basis can result in a bench warrant for the individual’s arrest, additional fines and costs, and suspension of driving privileges.  If you receive a misdemeanor  traffic ticket, or wish to contest a civil infraction, you should hire an experienced local attorney, such as the attorneys at Hilf & Hilf, PLC.

Drivers License Violations

Below is a list of traffic tickets which need to be addressed at the 52/2 District Court in Clarkson, Michigan when the traffic offense occurs in one of  the following communities: Brandon Township; Holly Township; Groveland Township; Independence Township; Rose Township; Springfield Township; White Lake Township; Clarkson; Village of Holly; Village of Ortonville.  The 52/2 District Court is located at 5850 Lorac in the city of Clarkston, Michigan 48346.  The Judges currently serving the 52/4 District Court are the Honorable Joseph G. Fabrizio and the Honorable Kelley Kostin.

Misdemeanor traffic tickets require the individual cited to appear in court to address the matter.  Civil infractions can be either contested in court (if the individual makes a timely request) or payment can be made in person, by mail, or online to satisfy the ticket.  The fines listed below are subject to change.  Misdemeanor traffic offenses also carry a potential penalty that may include the following depending upon the offense: jail time, probation with conditions, fines, costs, restitution, driver’s responsibility fees, and driver’s license sanctions.   Failure to appear or pay tickets on a timely basis can result in a bench warrant for the individual’s arrest, additional fines and costs, and suspension of driving privileges.  If you receive a misdemeanor  traffic ticket, or wish to contest a civil infraction, you should hire an experienced local attorney, such as the attorneys at Hilf & Hilf, PLC.

Drivers License Violations

The following are a list of case abbreviations used in Michigan Courts for misdemeanors, felonies, criminal appeals, forfeiture, and juvenile offenses for alleged state law and ordinance violations.  They are often referred to as case codes.  These two letter abbreviations follow the case number that appears on every Court pleading usually in the upper right hand of the page, and the two letter abbreviations themselves do not always seem to match the subject matter of the litigation.  There are also case codes for other civil and probate matters that are not included here.
Persons with any of the following matters should consult with an experienced lawyer, such as the lawyers at Hilf & Hilf, PLC.
AP – Appeal of Parole Board Decisions.

The 52nd District Court – 4th Division (which is also referred to as the Troy District Court or the 52-4 District Court) is located at 520 W. Big Beaver Road in the city of Troy, Michigan.  The Court serves the citizens of Troy and Clawson, and handles civil, criminal, nuisance, zoning, and traffic offenses that are alleged to have occurred in Troy and Clawson.  There is also a probation department within the 52-4 District Court to assist the Judges with individuals that have pending criminal cases before the Court and probationary sentences.  The hours of operation are from 8:15 am to 4:15 pm Monday through Friday.  The Court is closed for all legal holidays. For persons that are not attorneys, camera phones are not permitted in the building.
The traffic division of the 52nd 4th Division District Court processes tickets and citations written by Troy Police, Clawson Police, and Michigan State Police officers.  Non-criminal traffic violations can be paid at the 52-4 District Court, contested at an informal hearing without a lawyer (which usually occurs before the magistrate), or contested at a formal hearing before a Judge.  The traffic division for the 52-4 District Court can be reached at (248) 528-0402.  You have the right to hire an experienced traffic lawyer for purposes of a formal hearing; a city attorney or assistant Oakland County prosecutor represents the interests of the police department that issued the ticket or citation.  An experienced traffic lawyer can, in many instances, negotiate a resolution to the ticket that carries less or no points in lieu of going forward with a hearing.  For non-criminal traffic offenses a public defender is not provided.
The criminal division of the 52nd 4th Division District Court processes local ordinance, misdemeanor, and felony criminal matters in which the 52-4 District Court has jurisdiction.  Criminal cases can involve both traffic and non-traffic related matters depending upon the circumstances.  The criminal division for the 52-4 District Court can be contacted at (248) 528-0400.  For criminal prosecutions the person accused has the right to hire an experienced criminal defense lawyer for legal representation or seek the assistance of a public defender if indigent.  All criminal cases require the accused to appear in Court to address the charge and cannot be settled by merely paying a fine at the front counter.

In Michigan, pursuant to Michigan Compiled Law 257.617, the driver of a vehicle who knows or who has reason to believe that he or she has been involved in an accident upon public or private property that is open to travel by the public shall remain there until the driver gives his or her name and address, the registration number of the vehicle he or she is driving, the name and address of the owner of the vehicle, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided. The driver must also show his or her driver’s license to the aforementioned people as well. If there is anyone injured in the accident the driver must give reasonable assistance in securing medical aid or arranging for the transportation of any injured person.   If there is a reasonable and honest belief that remaining at the scene will result in further harm, the driver must immediately report the accident to the police. When a driver collides with a vehicle that is either attended or unoccupied, the driver has the responsibility to locate and notify the owner of the vehicle with the name and address of the driver. If the owner cannot be located, the driver has the duty to report it to the nearest police officer. The same is true if the driver collides with property on or adjacent to a highway, such as a telephone pole or a road sign.

Failure to stop at an accident is also referred to as hit and run.  Oftentimes it is the result of one car tapping another.  Sometimes it is difficult to distinguish if damage to another car was caused by tapping the other car, or if the damage previously existed.  Basically, according to the law, when in doubt you need to error on the side of caution and immediately report the accident.

Why do you need to retain a lawyer for this offense?  Failure to Stop at an Accident is a 90 day misdemeanor with a possible fine of up to $100. When a minor injury occurs during the accident the offense is still a misdemeanor charge, however it carries a maximum possible punishment of up to 1 year in jail, a fine of up to $1,000, or both. If the Failure to Stop at the Scene of the Accident Results in Serious Impairment of a Body Function or Death, the offense becomes a felony punishable for more than 5 years in prison, a fine of not more than $5,0000, or both. When the Failure to Stop at the Scene of the Accident Results in Death and the Driver is at Fault, the charge becomes a 15 year maximum felony with a possible fine of up to $10,000.   Conviction for any of the aforementioned offenses also results in 6 points on the driver’s driving record, driver’s responsibility fees, potential loss of driving privileges, and assuredly higher insurance rates for those still with driving privileges. There is also the possibility of restitution and/or a civil lawsuit anytime a driver or passenger is injured in any type of an accident.

Reckless Driving in Michigan is viewed as a criminal offense. According to MCL 257.626 “…a person who operates a vehicle upon a highway or frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. If a conviction occurs, the punishment is set by the sentencing Judge within the limits described above. The Michigan Secretary of State also penalizes the driver by assessing 6 points to his or her license for 2 years from the date of conviction. However, this particular offense is not subject to expungement, and will always remain a part of the individual’s criminal and driving record upon conviction.

If another driver or pedestrian is injured or killed because of the reckless driving, the charge evolves into a felony. Reckless Driving Causing Death, pursuant to MCL 257.626(4) is a felony that carries a potential prison sentence of up to 15 years. Reckless Driving Causing Serious Impairment, pursuant to MCL 257.626(3), is a felony that carries up to 4 years in prison. Reckless or Careless Driving Resulting in a Miscarriage or Stillborn is a 2 year maximum felony offense. Likewise, these offenses result in drivers license sanctions. The driver is also potentially subject to a civil lawsuit which could result in a large money judgment.

Because Reckless Driving is viewed as a criminal offense, the accused driver must appear in Court, and cannot resolve the matter by just sending a check to the District Court for the city in which the allegation arose.  A lawyer is required for this type of charge.  For any criminal offense, the accused has the Constitutional protections of legal representation, a presumption of innocence, the burden of proof (beyond a reasonable doubt) resting with the prosecution, trial before a Judge or Jury, the right to confront witnesses, the right to compel witnesses to appear at trial, the right to testify, and the right to remain silent. When accused of any crime, it is recommended that you hire an experienced criminal defense attorney, such as the attorneys at Hilf & Hilf, PLC.

If you receive a traffic ticket in Michigan, there are consequences beyond paying the scheduled fine for the offense.  If the traffic ticket appears on your driving record it can impact your insurance rates, your ability to continue to drive (if you get too many points), your employment (if your employment involves driving), and the chances of getting a break from police officers, Prosecutors or City Attorneys for future traffic offenses.

The key is to have the traffic ticket not appear on your record when possible.  There are a couple ways in which this can occur: you beat the allegation at a contested hearing; the officer fails to appear for the contested hearing and the matter is dismissed; OR there is a negotiated settlement of the ticket with the police officer, Prosecutor or City Attorney  to resolve the matter in a way where the ticket does not get abstracted to the Michigan Secretary of State.
The best way to handle a traffic ticket is to seek the help of an experienced traffic lawyer.  I recommend attorney Daniel Hilf for all traffic tickets.