Points System

One of the most common questions we get at our office is how many points a particular driving offense is. Here is a list from the State of Michigan’s website:

Points For Some Traffic Convictions

Six Points:

• Manslaughter, negligent homicide, or other felony involving use of a motor vehicle.
• Operating under the influence of 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.
• Fleeing or eluding a police officer.

Four Points:

• Drag racing.
• Operating while visibly impaired.
• Under age 21 with any bodily alcohol content.
• 16 mph or more over the legal speed limit.
• Failure to yield/show due caution for emergency vehicles.

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.
• Failure to stop for a school bus or for disobeying a school crossing guard.

Two Points:

• 10 mph or less over the legal speed limit.
• Open alcohol container in vehicle.
• All other moving violations of traffic laws.
• Refusal of Preliminary Breath Test (PBT) by anyone under age 21.

Points matter because once you have a certain number you will be struck with huge driver’s responsibility fees. If you get over 12 in a two year period you will additionally face a term of suspended license.

The good news is that each time you get a ticket you have an opportunity to fight the charge. An experienced attorney can negotiate with the prosecutor to get a ticket reduced to one with fewer points, or even no points. Thus, we can be sure you never get to the level where you get driver’s responsibility fees or lose your license, saving you money over time.

We can work with the prosecutor or city attorney assigned to your case to get these charges reduced, modified, or even dismissed. To retain one of our Attorneys call us at (877) 406-6906 for a free consultation or contact us with a private message.

Michigan Seat Belt Safety Law & the Police

Less than half of Michigan Police Officers comply with the Michigan Seat Belt Safety Law?

A recent national study states that 50% of police officers do not buckle their seat belts when driving a car. This compares with 86% of the nation generally. This study comes on the heels of the Los Angeles Police Department’s 2012 statistics which showed that 37% of police officers involved in accidents were not wearing their seat belts at the time. Additionally, national failure of officers to wear a seat belt is the leading cause of officer mortality, above even shooting deaths.

While new officers to the force often use their seat belts at the same rates as others. However, some may emulate senior officers and avoid using them. Additionally, many older police cars do not have functioning seat belts, or the belts have been tied back or cut out. This is because of a perception on the force that police officers are susceptible to a sudden brutal attack from behind. In such a scenario, which is very rare, a seat belt may be an impediment to an officer who needs to access weapons quickly. In reality, while this situation may occur occasionally, it is far more common for an officer to be injured or die as a result of a failure to wear a seat belt.

Michigan Seat Belt Safety Law & the Police: While many states have exempted police officers from their seatbelt safety laws, Michigan’s law does not appear to exempt police officers specifically. It is unclear if there is no exemption because Michigan police officers regularly use their seat belts, or for one of the above discussed reasons. This means Michigan’s statistics could vary significantly from the national average However, there is still a decent likelihood that if you are pulled over for a seat belt violation the cop who pulled you over was not buckled up either.

http://www.detroitnews.com/apps/pbcs.dll/article?AID=2013312250027

To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation orcontact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.