Criminal Law FAQs – Traffic Offenses

Criminal Law FAQs – Traffic Offenses

Jun 4, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Traffic Offenses

According to Michigan State Law (Michigan Compiled Laws – MCL), Traffic Offenses encompass a wide range of violations related to the operation of motor vehicles on public roads and highways. These offenses are primarily governed by the Michigan Vehicle Code (MCL 257.1 et seq.) and include actions that endanger public safety, impede traffic flow, or violate regulations concerning vehicle equipment, registration, and driver licensing. While Operating While Intoxicated (OWI) is a significant category of traffic offenses, this blog post focuses on other violations.

FAQ 1: What are the potential consequences of speeding tickets and other traffic violations in Michigan?

The potential consequences of speeding tickets and other traffic violations in Michigan, as generally outlined in MCL 257.901 et seq. and related sections, can vary significantly depending on the specific offense. These consequences can include:

  • Fines: Monetary penalties that can range from a few dollars to hundreds of dollars, depending on the severity of the violation and local ordinances. Speeding fines, for example, often increase with the number of miles per hour over the limit.
  • Points on Your Driving Record: The Michigan Secretary of State’s office assigns points to your driving record for most moving violations. Accumulating too many points can lead to license suspension or revocation (as discussed in FAQ 2).
  • Increased Insurance Premiums: Insurance companies often consider points on your driving record when calculating premiums. Multiple violations or more serious offenses can result in significantly higher insurance rates.
  • Court Costs and Fees: In addition to fines, you may be required to pay court costs and other administrative fees associated with the traffic ticket.
  • Driver Responsibility Fees: For certain more serious traffic violations, the state may impose additional Driver Responsibility Fees, which are separate from fines and court costs.
  • License Suspension or Revocation: As mentioned, accumulating too many points can lead to the suspension or revocation of your driver’s license. Certain serious offenses, such as reckless driving or failing to stop at the scene of an accident, can also result in immediate license suspension or revocation.
  • Jail Time: While less common for minor traffic infractions, certain more serious traffic offenses, such as reckless driving causing injury or death, can carry potential jail or prison sentences.
  • Community Service: In some cases, the court may order community service as part of the penalty for a traffic violation.
  • Mandatory Driver Improvement Courses: For certain violations or upon accumulating a certain number of points, the Secretary of State may require you to attend a driver improvement course.

FAQ 2: Can I lose my driver’s license for accumulating too many points?

Yes, you can lose your driver’s license in Michigan for accumulating too many points on your driving record, as governed by MCL 257.320 and related administrative rules. The Michigan point system assigns a certain number of points to different traffic violations. If you accumulate a specified number of points within a certain timeframe, the Secretary of State is required to take action against your driving privileges:

  • Accumulating 12 points within a 2-year period: Can result in a driver re-examination.
  • Accumulating more points within specific timeframes can lead to license suspension:
    • 12 points within 2 years: Potential for license suspension.
    • More points accumulated over longer periods can also lead to suspensions.

The duration of the suspension typically increases with the number of points accumulated. It’s important to be aware of the points associated with different traffic violations and to drive responsibly to avoid accumulating excessive points. The Secretary of State will notify you if you are facing license suspension due to points.

FAQ 3: What is reckless driving in Michigan?

MCL 257.626 defines reckless driving in Michigan as operating a vehicle upon a highway or other place open to the general public, including an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property.

Key elements of reckless driving include:

  • Willful or Wanton Disregard: This means acting intentionally or with a conscious indifference to the consequences, knowing that the conduct is likely to cause harm. It’s more than just ordinary negligence or carelessness.
  • Safety of Persons or Property: The conduct must pose a significant risk to the safety of individuals or property.

Examples of actions that could be considered reckless driving include:

  • Excessive speeding in hazardous conditions.
  • Weaving in and out of traffic.
  • Passing in no-passing zones with oncoming traffic.
  • Ignoring traffic signals or signs in a dangerous manner.
  • Engaging in “road rage” behavior while driving.

Reckless driving is a more serious traffic offense than typical speeding or minor infractions and carries more severe penalties.

FAQ 4: What should I do if I receive a traffic ticket in Michigan?

If you receive a traffic ticket in Michigan, you generally have a few options:

  1. Plead Guilty (Admit Responsibility): You can pay the fine and any associated costs by the due date indicated on the ticket. By doing so, you are admitting responsibility for the violation, and points may be added to your driving record.
  2. Plead Not Guilty (Deny Responsibility): You can indicate that you wish to contest the ticket. This typically involves contacting the court within the specified timeframe to schedule a hearing. At the hearing, you will have the opportunity to present your case to a judge or magistrate.
  3. Request a Formal Hearing (Civil Infraction): For civil infractions (most traffic tickets), you can request a formal hearing where the police officer who issued the ticket must be present and prove the violation.
  4. Request a Informal Hearing (Civil Infraction): You can also request an informal hearing where you can discuss the ticket with a court official (often a magistrate or referee), and the officer may or may not be present. This can sometimes lead to a reduced fine or a non-moving violation.

It’s important to carefully read the information on your ticket for specific instructions and deadlines for responding to the court. Failing to respond can result in additional penalties, such as late fees and potential license suspension.

Recent FAQ Posts – More Below

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FAQ 5: Should I hire a lawyer for a traffic ticket in Michigan?

Whether you should hire a lawyer for a traffic ticket in Michigan depends on the severity of the charge and the potential consequences. Consider hiring a lawyer if:

  • You are facing a serious traffic offense: Charges like reckless driving, driving with a suspended license, or violations that could result in jail time or significant license suspension often warrant legal representation.
  • You have accumulated a significant number of points on your driving record: A lawyer may be able to help you avoid further points that could lead to a license suspension.
  • You believe the ticket was issued in error or you have a strong defense: A lawyer can help you build your case and present it effectively in court.
  • You are concerned about the impact on your insurance rates: In some cases, a lawyer may be able to negotiate a resolution that minimizes the impact on your insurance premiums.
  • You are a commercial driver (CDL holder): Traffic violations can have serious consequences for CDL holders, potentially affecting their livelihood. Legal representation is often advisable.

For minor speeding tickets or non-moving violations, hiring a lawyer may not be cost-effective. However, for more serious offenses or situations where your driving privileges are at risk, consulting with an attorney experienced in Michigan traffic law can be a wise decision. They can advise you on your rights, explore potential defenses, and represent you in court to achieve the best possible outcome.

Facing a Traffic Violation in Michigan?

Facing a Traffic Violations charge in Michigan can have serious consequences affecting your driving privileges, job, finances, and even your freedom. It’s crucial to understand your rights and explore all available legal options.

Contacting an experienced criminal defense attorney as soon as possible is essential. At Komorn Law, our attorneys have a deep understanding of Michigan’s laws and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

Accused of Traffic Violation? – Better Call Komorn

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Komorn Law
Areas of Service

We fight for our clients throughout the State of Michigan and Northern Ohio.

Here are some court contacts we frequently handle cases.

Oakland County

If you are facing any legal charges in Oakland County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Macomb County

If you are facing any legal charges in Macomb County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Wayne County

If you are facing any legal charges in Wayne County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the Third Circuit Court (Wayne County):

  • Telephone Number (Civil/Family): (313) 224-5510
  • Telephone Number (Criminal): (313) 224-5261 or (313) 224-2503
  • Address (Civil/Family): 2 Woodward Avenue, Detroit, MI 48226
  • Address (Criminal): 1441 St. Antoine, Detroit, MI 48226
  • Website: https://www.3rdcc.org/

Kent County

If you are facing any legal charges in Kent County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

  • Telephone Number: (616) 632-5220
  • Address: 180 Ottawa Avenue NW, Grand Rapids, MI 49503
  • Website: Kent County

Traverse County

If you are facing any legal charges in Traverse County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information for the 13th Circuit Court (which includes Traverse County):

Monroe County

If you are facing any legal charges in Monroe County and need to hire an attorney, call our Office (248) 357-2550. If you need to contact the court, here is the information:

Vehicle Forfeiture in Canada – The Process of Taking

Vehicle Forfeiture in Canada – The Process of Taking

May 25, 2024 | Blog, Driving, Know Your Rights, Your Rights

Thank You… and have a nice day eh!

Disclaimer: We are not Attorneys in Canada.  This is an article of information obtained from various sources and presented here. We can only assume they are accurate.  If you ever find a reason to go to Canada and need a lawyer…we wish you luck. Assume you do not have the rights a Canadian citizen would have and only be given basic human rights.

In Canada, vehicle forfeiture is a legal process that allows the government to permanently take possession of a vehicle. Let’s explore the reasons behind vehicle forfeiture and the steps involved.

Reasons for Vehicle Seizure:

Commission of a Crime:

  • Law enforcement agencies, such as the Royal Canadian Mounted Police (RCMP), can seize a vehicle temporarily if it is being used in the commission of a crime or if it serves as evidence of a crime.
  • Additionally, vehicles may be seized if they are abandoned or driven by someone prohibited from driving.

Violation of Laws or Regulations:

  • Vehicles can be seized if their owners violate certain laws or regulations. Examples include driving without valid insurance or registration or possessing a learner’s permit without an appropriate accompanying driver.

Vehicle Forfeiture:

Permanent Taking:

  • Vehicle forfeiture occurs after a legal process, usually when the vehicle was used in a crime or represents proceeds of crime (e.g., drug trafficking, money laundering).
  • Unlike seizure, forfeiture results in the permanent loss of the vehicle to the government.

Notification and Claim Process:

  • When a vehicle is seized, the owner is notified of the seizure and provided with information about the reason.
  • If the vehicle is not needed as evidence, the owner can reclaim it by following these steps:
    1. Contact the agency that seized the vehicle for specific requirements.
    2. Prove ownership with documentation (e.g., vehicle registration, bill of sale).
    3. Pay any fines or fees associated with the seizure.
    4. Retrieve the vehicle.

APPEALS in STATE or FEDERAL COURT
When you need to appeal a decision you feel is wrong.
Call Komorn Law  (248) 357-2550

Civil Forfeiture Laws:

  • Canada’s civil forfeiture laws allow provincial governments to seize property without compensation when it is suspected of being used to commit an illegal act or acquired through illegal means.

 

Conclusion:

Understanding the difference between vehicle seizure and forfeiture is crucial. If your vehicle is subject to forfeiture, seek legal representation to navigate the process and protect your rights.

For more detailed information, you can refer to the full article.

Please note that this summary provides an overview, and it is recommend you consult legal professionals for personalized advice. 

Does Canada follow the US Constitution?

The U.S. Constitution spells out the specific powers of Congress, leaving everything else to the states. The Canadian Constitution does the opposite.

Provinces are limited to the powers explicitly given them by the Canadian Constitution and everything else is under the purview of the federal Parliament.

Canadian Bill of Rights

The Canadian Encyclopedia
The Canadian Bill of Rights recognizes the rights of individuals to life, liberty, personal security, and enjoyment of property. (It does not recognize “possession” of property, …

Want to learn more about the Canadian Charter of “Rights and Freedoms”.
Go here —> Guide to the Canadian Charter of Rights and Freedoms

In the FEDERAL COURT SYSTEM
When you need to go on the offense – to put the prosecution on defense
Komorn Law (248) 357-2550.

Carjacking is a Federal Offense

Carjacking is a Federal Offense

May 21, 2024 | Blog, Driving, Federal Laws, Supreme Court

Carjacking is a Federal Offense

Carjacking, the act of forcibly stealing an occupied vehicle, has long been a concern for public safety. It was a local and state issue until a series of violent incidents in the early 1990s that carjacking became a federal offense. 

Background of the Law

The term “carjacking” entered the American lexicon in the late 20th century, but the act itself is as old as automobiles. It wasn’t until the Federal Anti-Car Theft Act of 1992 (FACTA) that carjacking was recognized as a distinct federal crime. The law was enacted in response to a spate of violent carjackings, some of which resulted in the deaths of victims. Congress aimed to address this violent crime that often crossed state lines, making it a matter of federal concern.

APPEALS in STATE or FEDERAL COURT
When you need to appeal a decision you feel is wrong.
Call Komorn Law  (248) 357-2550

Current Law

The current federal statute, 18 U.S.C. § 2119, defines carjacking as the taking of a motor vehicle from another person “by force and violence or by intimidation” with the vehicle having been transported in interstate or foreign commerce. 

The law has been amended since its inception to include provisions for cases where serious bodily injury or death results from the carjacking, with penalties ranging from fines to life imprisonment, or even the death penalty in the most severe cases.

The carjacking statute, 18 U.S.C. § 2119, which originally became effective on October 25, 1992, provided in relevant part:

Whoever, possessing a firearm … takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall þ (1) be fined under this title or imprisoned not more than 15 years or both; (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both; and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both.

    On September 13, 1994, § 2119 was amended to read as follows:

    Whoever, with intent to cause death or serious bodily harm takes a motor vehicle that has been transported, shipped, or received in interstate or foreign commerce from the person or presence of another by force and violence or by intimidation, or attempts to do so, shall (1) be fined under this title or imprisoned not more than 15 years or both, (2) if serious bodily injury results, be fined under this title or imprisoned not more than 25 years, or both, and (3) if death results, be fined under this title or imprisoned for any number of years up to life, or both or sentenced to death (emphasis added to highlight the 1994 changes to the statute).

     

    Prosecutorial Trends

    Despite the stringent laws, there has been a noticeable decline in the number of carjacking cases prosecuted at the federal level in recent years. Several factors contribute to this trend. One significant hurdle is the requirement for prosecutors to prove beyond a reasonable doubt that the defendant intended to cause serious bodily harm or death. This intent requirement sets a high bar for federal charges and is not a prerequisite at the state level, where most carjacking cases are prosecuted.

    Conclusion

    In summary, while carjacking remains a serious offense under federal law, the challenges of proving intent and the intricacies of prosecutorial decision-making have led to fewer federal charges in recent years. The focus has shifted towards state-level prosecutions, where the legal requirements may be less stringent, and the practicalities of bringing a case to trial are more manageable. The evolution of carjacking laws reflects a balance between the need for harsh penalties for violent crimes and the realities of legal practice.

    In the FEDERAL COURT SYSTEM
    When you need to go on the offense – to put the prosecution on defense
    Komorn Law (248) 357-2550.

    Can I be arrested for DUI riding my bike high in Michigan?

    Can I be arrested for DUI riding my bike high in Michigan?

    May 18, 2024 | Blog, Driving, Michigan Laws

    Recreational Cannabis is “legal” in Michigan.

    Can I be arrested for riding my bike high in Michigan?

    First… What is the definition of a bicycle?

    MCL 257.4 defines a “bicycle” as:

    “…a device propelled by human power upon which a person may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter.”

    Does a bicyclist have to obey the same traffic laws as a motorist?

    Yes, with exceptions.  MCL 257.657 states:

    “Each person riding a bicycle…upon a roadway has all of the rights and is subject to all of the duties applicable to the driver of a vehicle by this chapter, except as to special regulations in this article and except as to the provisions of this chapter which by their nature do not have application.”

    Can you be charged with a DUI or biking high while riding your bicycle?

    No. Although it is dangerous to ride while intoxicated, a bicycle is not a motor vehicle according to state law. DUI applies only to motor vehicle operators.

    Other laws will be weaponized against you however, such as disorderly conduct.

    DUI Charges?
    Sometimes it’s cheaper in the long run to fight them
    Call to Fight for your Rights (248) 357-2550

    By the way…

    Is it legal to use a cell phone or text while riding a bicycle?

    Only if the cell phone is in hands-free mode. MCL 257.661 states:

    “A person operating a bicycle…shall not carry any package, bundle, or article that prevents the driver from keeping both hands upon the handlebars of the vehicle.”

    Here is a link to some bike specific Michigan Laws

    The Michigan Point System

    Each traffic violation has a point value, which is set by law in the Michigan Vehicle Code.

    Read about it here

    Traffic FAQs – Traffic Crashes & Reports

    Traffic FAQs – Traffic Crashes & Reports

    May 17, 2024 | Blog, Driving, Michigan Laws

    Traffic FAQs – Traffic Crashes & Reports

    • Know the laws if you get pulled over.
    • Know who to call if you need legal defense if a violation turns into a DUI or worse. That would be us.

    Traffic Crashes & Reports

    Beginning in July 2005, the State of Michigan launched a new website dedicated to online purchasing of traffic crash reports.

    Interested parties may be able to purchase a copy of a traffic crash report taken by any Michigan law enforcement agency.

    Traffic Crash Purchasing System

    Question: I was involved in a traffic crash in the past and need a copy of the report. Where can I obtain one?

    Answer: Interested parties such as individuals involved in the crash and/or their attorney, and insurance companies should contact the Traffic Crash Purchasing System(TCPS) via the internet at the aforementioned link. If unable to do so you can contact the Michigan State Police Post that responded to the crash. A listing of state police posts is follows.

    State Police Posts

    Each post retains traffic crash reports for the current year plus two years. If the crash occurred prior to that you must request a copy of the report from the Criminal Justice Information Center using a Freedom of Information Request form.

    In addition, if you are not an interested party as described above, you must complete a Freedom of Information Request to obtain a specific traffic crash report.

    Complete the form with as much information as possible and mail to the address listed on the form.

    FOI Request

    If another agency other than the Michigan State Police responded and completed a crash report, you will need to contact that agency directly or utilize the TCP.

    DUI Charges?
    Sometimes it’s cheaper in the long run to fight them
    Call to Fight for your Rights (248) 357-2550

    The Michigan Point System

    Each traffic violation has a point value, which is set by law in the Michigan Vehicle Code.

    Read about it here

    Question:  What is a State of Michigan Traffic Crash Report (UD-10)?

    Answer: The State of Michigan Traffic Crash Report (UD-10) is a form that must be completed by law (MCL 257.622) on all reportable crashes. The report is completed by all law enforcement agencies and is forwarded to the Michigan State Police for analysis for the purpose of furnishing statistical information and preparing compiled crash data.

    Here’s the law

    257.622 Report of accidents resulting in death, personal injury, or property damage; forms; analysis; use; retention.

    Sec. 622.

         The driver of a motor vehicle involved in an accident that injures or kills any person, or that damages property to an apparent extent totaling $1,000.00 or more, shall immediately report that accident at the nearest or most convenient police station, or to the nearest or most convenient police officer.
    The officer receiving the report, or his or her commanding officer, shall immediately forward each report to the director of the department of state police on forms prescribed by the director of the department of state police.
    The forms shall be completed in full by the investigating officer. The director of the department of state police shall analyze each report relative to the cause of the reported accident and shall prepare information compiled from reports filed under this section for public use.
    A copy of the report under this section and copies of reports required under section 621 shall be retained for at least 3 years at the local police department, sheriff’s department, or local state police post making the report.

    Disclaimer: This Frequently Asked Questions page is provided solely as a means of providing basic answers to questions about the Michigan Vehicle Code and is not designed or intended to provide a basis to contest a citation for a violation of the code. The positions stated are only those of the Michigan Department of State Police and are not binding on any other law enforcement agency or any Court. If our position is supported by case law then it will be enumerated within the answer provided. Source of Information – Traffic Laws FAQ