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.

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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

248-357-2550

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:

Criminal Law FAQs – Drinking Alcohol or Smoking Marijuana and Driving

Criminal Law FAQs – Drinking Alcohol or Smoking Marijuana and Driving

Jun 2, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Operating a Motor Vehicle Under The Influence

Walking is cool… For fun and excercise. Not because you lost your license. Don’t do the crime if you can’t pay the price. But if you do get charged with a crime. Better Call Komorn to fight for your rights.

Drinking alcohol or smoking marijuana and driving in Michigan is extremely dangerous and illegal due to the significant impairment these substances cause to a driver’s ability to operate a vehicle safely. Here’s why:

  • Impaired Judgment: Both alcohol and marijuana affect judgment, leading to poor decision-making behind the wheel, such as misjudging distances, speed, and traffic situations.
  • Reduced Reaction Time: These substances slow down a driver’s reaction time, making it difficult to respond quickly to unexpected hazards, pedestrians, or changes in traffic flow.
  • Decreased Motor Skills and Coordination: Alcohol and marijuana impair motor skills and coordination, affecting steering, braking, lane keeping, and overall vehicle control.
  • Altered Perception: Marijuana can distort time and distance perception, making it challenging to judge safe following distances and the speed of other vehicles. Alcohol also affects vision and spatial awareness.
  • Increased Risk of Accidents: The combination of these impairments significantly increases the risk of being involved in a traffic accident, potentially leading to serious injuries or fatalities for the driver, passengers, and other road users.
  • Legal Consequences: Driving under the influence of alcohol or marijuana in Michigan carries severe legal penalties, including fines, license suspension, jail time, and a criminal record.

FAQ 1: What is the legal blood alcohol content (BAC) limit for driving in Michigan, and what are the legal limits for marijuana?

In Michigan, the legal BAC limit for drivers 21 years or older is 0.08%. For drivers under 21, there is a “zero tolerance” law, meaning any measurable amount of alcohol can lead to a violation.

For marijuana, Michigan law prohibits driving with any amount of detectable THC (the psychoactive component of marijuana) in your system while operating a vehicle. Unlike alcohol, there isn’t a specific numerical threshold for THC. If law enforcement detects any amount of THC in your blood, you can be charged with Operating While Impaired by Marijuana (OWIM).

(Reference: MCL 257.625)

FAQ 2: What are the potential penalties if I am caught driving under the influence of alcohol or marijuana in Michigan?

The penalties for driving under the influence (DUI) of alcohol or marijuana in Michigan vary depending on the number of prior offenses and the specific circumstances of the case. Potential penalties for a first offense include:

  • Fines: Up to $500 for OWI (alcohol) and up to $500 for OWIM (marijuana).
  • Jail Time: Up to 93 days.
  • License Suspension: Up to 180 days (with a restricted license possible after 30 days).
  • Driver Responsibility Fees: $125.
  • Community Service: Possible.
  • Substance Abuse Evaluation and Treatment: Required.

Penalties increase significantly for second and subsequent offenses, including longer jail sentences, higher fines, longer license revocations, vehicle immobilization, and potential felony charges.

(Reference: MCL 257.625)

FAQ 3: Can I refuse a breathalyzer or blood test if I am suspected of DUI in Michigan?

Under Michigan’s implied consent law (MCL 257.625a), by operating a vehicle on public roads, you are deemed to have given your consent to submit to a preliminary breath test (PBT) at a traffic stop if lawfully detained for suspicion of drunk driving. Refusal to take a PBT can result in a civil infraction and fines.

For evidentiary breath or blood tests at a police station or hospital, refusal can lead to an automatic one-year suspension of your driver’s license (two years for a second refusal within seven years), even if you are not ultimately convicted of DUI. There are limited exceptions to this, such as a valid medical reason.

FAQ 4: What are some common roadside sobriety tests used by Michigan law enforcement, and are they mandatory?

Michigan law enforcement officers often use Standardized Field Sobriety Tests (SFSTs) during traffic stops where DUI is suspected. These typically include:

  • Horizontal Gaze Nystagmus (HGN): Following a moving object with your eyes to check for involuntary jerking.
  • Walk and Turn: Walking heel-to-toe along a line, turning, and walking back.
  • One-Leg Stand: Standing on one leg while counting.

While officers may request you to perform these tests, you are generally not legally required to take them under Michigan law. Refusal to take SFSTs does not carry the same license suspension penalties as refusing an evidentiary breath or blood test. However, officers can still use your refusal and their observations of your demeanor and driving to establish probable cause for an arrest and a subsequent request for an evidentiary test.

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FAQ 5: What are some legal defenses against DUI charges involving alcohol or marijuana in Michigan, and how is Komorn Law experienced in fighting these types of charges?

There are several potential legal defenses that an experienced attorney can explore when fighting DUI charges involving alcohol or marijuana in Michigan. These defenses often focus on challenging the legality of the stop, the procedures used during the investigation, and the accuracy of the evidence presented:

  • Illegal Stop: Arguing that the police officer lacked reasonable suspicion to initiate the traffic stop in the first place.
  • Improper Administration of Field Sobriety Tests: Challenging whether the SFSTs were administered correctly according to standardized procedures, which can affect their reliability as evidence of impairment.
  • Challenges to Breathalyzer or Blood Test Procedures: Questioning the calibration and maintenance of breathalyzer machines or the chain of custody and testing procedures for blood samples. This can involve scrutinizing logbooks, certifications, and the qualifications of the technicians.
  • Medical or Physical Conditions: Presenting evidence that a medical condition or physical limitation (unrelated to impairment) could have affected performance on field sobriety tests or the accuracy of breathalyzer results (e.g., GERD).
  • Rising Blood Alcohol Defense: In alcohol cases, arguing that your BAC was below the legal limit while driving but rose above it by the time the breath or blood test was administered.
  • Lack of Probable Cause for Arrest: Asserting that the officer did not have sufficient probable cause to make the arrest for DUI, even if a test was eventually administered.
  • Challenges to Marijuana Testing: Arguing that the presence of THC in blood doesn’t necessarily equate to current impairment, as THC can remain in the system for days or even weeks after use. Attorneys may challenge the lack of a specific legal impairment threshold for marijuana and the correlation between THC levels and actual impairment.

Facing charges for driving under the influence of marijuana or alcohol in Michigan?

Komorn Law has extensive experience in defending individuals charged with DUI offenses involving both alcohol and marijuana in Michigan. Their attorneys are knowledgeable about the nuances of Michigan DUI laws, the scientific principles behind breath and blood testing, and the proper administration of field sobriety tests. They are skilled at:

  • Thoroughly investigating the circumstances of the arrest, including reviewing police reports, dashcam footage, and bodycam footage.
  • Identifying potential violations of your constitutional rights during the traffic stop and subsequent investigation.
  • Challenging the admissibility of evidence based on procedural errors or scientific inaccuracies.
  • Working with expert witnesses, such as toxicologists and medical professionals, to challenge the prosecution’s evidence.
  • Developing and presenting compelling legal defenses tailored to the specific facts of your case.
  • Negotiating with prosecutors for reduced charges or alternative resolutions when appropriate.
  • Aggressively representing clients at trial when a favorable outcome cannot be reached through negotiation.

If you are facing DUI charges in Michigan involving alcohol or marijuana, the experienced legal team at Komorn Law can provide you with a strong defense and fight to protect your rights and your future.

Komorn Law

Facing a Criminal Charge? – Better Call Komorn

248-357-2550

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:

Criminal Law FAQs – Operating While Intoxicated (DUI – OWI)

Criminal Law FAQs – Operating While Intoxicated (DUI – OWI)

May 19, 2025 | FAQs, Michigan Laws

Michigan Criminal Laws FAQs

Drunk Driving (Operating While Intoxicated – OWI)

FAQ 1: What is the legal blood alcohol content (BAC) limit in Michigan?

Answer: In Michigan, the legal BAC limit for operating a vehicle is 0.08% for individuals 21 years of age or older. For those under 21, there is a “zero tolerance” law. (Reference: MCL 257.625)

FAQ 2: What are the potential penalties for a first-time OWI offense in Michigan?

Answer: A first-offense OWI in Michigan can result in fines (up to $500), community service (up to 360 hours), a suspended driver’s license (up to 180 days), and possible jail time (up to 93 days). (Reference: MCL 257.625(1)).

FAQ 3: Can I refuse a breathalyzer or blood test if I’m suspected of OWI in Michigan? What are the consequences?

Answer: Michigan has an implied consent law. By operating a vehicle on public roads, you’ve consented to chemical testing. Refusal can lead to an automatic suspension of your driver’s license for one year (first refusal) or two years (subsequent refusals), even if you are not convicted of OWI. (Reference: MCL 257.625a)

FAQ 4: What happens if my BAC is 0.17% or higher in Michigan?

Answer: If your BAC is 0.17% or higher, it’s considered “High BAC” or “Super Drunk.” Penalties are significantly enhanced, including increased fines (up to $700), longer license suspension (one year with a restricted license after 45 days), mandatory vehicle immobilization, and possible jail time (up to 180 days). (Reference: MCL 257.625(1)(c))

FAQ 5: Can I get my OWI charge dismissed in Michigan?

Answer: While a dismissal isn’t guaranteed, there are various legal strategies that can be explored, such as challenging the legality of the traffic stop, the accuracy of the testing equipment, or procedural errors. An experienced attorney can assess your case and advise you on potential defenses.

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Facing an OWI charge in Michigan?

Facing an OWI charge in Michigan can have serious consequences affecting your driving privileges, 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 OWI laws (MCL 257.625 et seq.) and can provide you with a strong defense to protect your rights and future. Call 248-357-2550

Komorn Law

When you get an OWI – Better Call Komorn

248-357-2550

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: