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.

Improper Load or Towing

This category contains several more specific crimes including: projecting loan on passenger vehicle, improper loading, improper driving with front loader, no cover on load, spilling load on highway, unsafe load on truck. Improperly towed car, improperly towed trailer, towing more than 1 vehicle, and improper load greater than 4000. Several of these including improper loading, improper driving with front loader, no cover on load, spilled load on highway, and unsafe load on truck are misdemeanors. The rest are civil infractions. If you are charged with a misdemeanor you could be facing up to 93 days in jail, a $500 fine, or both. An experienced attorney can work to get these charges reduced, modified, or even dismissed.

To retain THE TRAFFIC TICKET DESTROYERS call us at  (877) 406-6906 for a free consultation or contact us with a private message.

Drug Crime Licensing Sanctions

If you have been charged with a drug crime you are probably aware of the possible sanctions i.e. possible jail time, high fines, and court appearances. However, you may be in for a nasty surprise. Drug crimes have additional penalties for your license. Your license will be suspended for 6 months, although you will be eligible for a restricted license after 30 days. For a second offense you are facing a 1 year suspension with eligibility for a restricted license after 60 days. If you are facing a drug charge it is important to retain an experienced attorney to represent you and protect your rights. Our attorneys have successfully negotiated with the prosecutor and city attorneys in similar cases to get the charges reduced, modified, or even dismissed thereby eliminating the licensing ramifications. Further, individuals charged with drug charges may be eligible for diversionary sentencing programs which are not routinely offered to people representing themselves. Having an attorney can be the difference between having a crime that will follow you for the rest of your life, and getting off with a clean record after a period of probation.

To retain THE TRAFFIC TICKET DESTROYERS call us at (877) 406-6906 for a free consultation or contact us with a private message.

Michigan Click it or Ticket Citation

Michigan law provides that a driver can be cited for failure to buckle up, or if a front seat passenger is unbuckled. The ticket usually costs $65.00. If you have been cited under this law, and experienced attorney can go to bat for you to get the ticket dismissed. The attorneys of THE TRAFFIC TICKET DESTROYERS, PLC frequent metro Detroit courts and have built relationships with the Prosecutors, City Attorneys, and the Judges who will be assigned to your case. We can put these relationships to work for you in an attempt to negotiate the best resolution of your traffic matter.

To retain THE TRAFFIC TICKET DESTROYERS, for assistance in these matters call us at (877) 406-6906 for a free consultation or contact us with a private message.

Michigan’s Emergency Vehicle Caution Law sec 257.653a

Relatively recently Michigan passed an emergency vehicle caution law. It was passed after many of us took our first driving exam so many people do not know what the law requires. In order to protect emergency responders who are frequently hurt in the line of duty, a person found guilty of violating this law is guilty of a misdemeanor. If any enhancements apply you could face the heavy penalty of up to 15 years in prison and or a $7,500 fine. To stay in the clear, if you are driving on a road with two or more lanes of travel in the same direction you must slow down and move at least one lane over from the emergency vehicle. If this is not possible due to weather, traffic, road conditions, or because it is a two-lane road it is required that you slow down and give the responder as much room as possible. If you have been charged with a violation of this section, it is important to have an experienced attorney to protect your rights.

To retain THE TRAFFIC TICKET DESTROYERS, for assistance in these matters call us at (877) 406-6906 for a free consultation or contact us with a private message.

Minors Driving with Alcohol Content-Zero Tolerance

If a minor is driving and has a BAC of over the legal limit (.08) they will be charged with the adult crime of Operating While Intoxicated. However, as minors are prohibited from possessing alcohol at any time any BAC above 0.00 can be the basis of a citation. On a first offense you may be subject to a 30-day license suspension, points on your license, various fees and fines including a driver’s responsibility fee, and community service. Any further citations result in stiffer penalties. If you have been cited for driving while under the influence as a minor, you need an experienced attorney to fight for your rights. We will work with the prosecutor or city attorney to try to modify, reduce, or have the charges dropped.

To retain THE TRAFFIC TICKET DESTROYERS, for assistance in these matters call us at (877) 406-6906 for a free consultation or contact us with a private message.