Michigan Criminal Defense Lawyer Blog

A recent Channel 7 News story about local Police cashing in on Tickets struck a familiar chord with me. A big chunk of my Practice involves DUI's and Traffic Tickets. I often find myself explaining to a Client that, above and beyond any facts in their case, it represents revenue to the City in which the case was brought. Now let's be clear, I'm not talking about major crimes here. Instead, I mean DUI's, Suspended/Revoked License charges, Traffic Tickets, Possession of Marijuana and similar, local Misdemeanors.

I could literally list hundreds of examples, but one that comes up as much as any other occurs when a Client has been arrested for a DUI. The person might have been pulled over for speeding, and then ask me something like "I was only a few blocks from home. Why couldn't he (the arresting Police Officer) have just let me call home and get a ride?"

I then explain to my Client that, besides the fact that Driving Under the Influence is a crime, to the City (or Township, or Village, or whatever) their arrest represents revenue. And a nice chunk, at that.

In addition to the Fines that the City picks up in one of these cases, the Court supports itself by imposing Costs, as well. Add to that the cost of supervised Probation for a year or more, and just letting that DUI Driver go means sending better than a thousand dollars out the door.

Even a simple Traffic Ticket, which represents only a few minutes of Police time, generates better than $100. If you figure that into an hourly rate, the Police Officer is more than earning his or her salary back for the City.

This is why, in most Traffic Ticket cases, a person with a decent Driving Record can hire a Lawyer, take the case to Court, and wind up walking out with a deal that keeps any and all points of their Record. Of course, part of that deal is paying the fine on a "non-reportable" Traffic offense. From the City's financial point of view, they are still making money.

Continue reading "Drunk Driving and Traffic Tickets in Michigan - The Money-Making Speed System" »

Part of my Practice includes working out Traffic Tickets. In other Blog articles I have explained how I handle Tickets, and on my Website I also discuss the general philosophy I have regarding Tickets, and the Fees I charge to handle them (about $450 to $600 for Civil Infractions, and between $1200 to $2200 for those that are Misdemeanors, or Criminal Traffic Matters that carry a potential Jail Sentence).

I also point out that my Traffic Ticket Practice is limited to Macomb, Oakland and Wayne Counties. Given what I charge, there is no way it's worth my time to go farther, and it's also true that I don't think it's worth anyone spending much more than what I charge when they can find a local Lawyer in a distant County who can probably do the same thing that I can, and for what I charge locally.

When a person gets a Ticket, the first thing they should do is decide whether or not they're going to simply "eat it" or if they want to avoid, or at least lessen the points and other consequences of it. Given that I call not doing something about a Ticket "eating it," you can probably already tell that I think just paying it is a dumb idea. It's not just my professional experience that results in that conclusion.

As a Law Student, over 20-some years ago, I remember getting a Ticket and telling one of my classmates about it. At the time, I was just going to pay the Ticket and be done with it. My classmate told me that I would be crazy to just pay the Ticket. He had an older brother who was a Lawyer, and told me I should hire him and have him take care of it for me. At the time, I think I had a few points on my Record, so my big concern was that my insurance would go up.

I decided that I was willing to see what my friend's brother could do. I plunked down his fee (reduced because I was his brother's friend, and as a quasi-professional courtesy). My buddy's brother went to Court with me, and wound up getting the Ticket worked out where no points would go on my Record. I paid a fine, and that was it. I had saved not only the points on my Record, but the inevitable increase in insurance rates that would have followed.

Sometimes, when people call me, they either cannot come see me within the time remaining before they have to either pay the ticket of set up a Court Date, or they may not have the money until that time has passed. So what should a person do?

Without fail, and in every Ticket Case, a person who if facing a Citation would be well-served to call the Court and at least have the matter set for an "Informal Hearing." This will stop the clock from running, as the Court will inform the Person that they'll be mailed a Court date some time in the future. In the meantime, they can make arrangements to hire a Lawyer.

For those who have the money and ability to jump right on it, then there's no need to call the Court. Just hiring the Lawyer will allow the Lawyer to file Papers with the Court which will likewise "stop the clock" and cause the matter to be set for a future Court Date. For those, however, who might need a little time, calling the Court and requesting and "Informal Hearing" will result in additional time to hire the Lawyer.

When a Lawyer is hired, even if it's the very day before the "Informal Hearing," the Papers he or she files with the Court then causes the Citation to be re-scheduled for what's called a "Formal Hearing," which is where the Lawyer meets with the Prosecutor at a "Pre-Trial," just like that in a Misdemeanor Case.

We've all heard the term "Traffic Offense." Usually, it's used to denote a legal problem of relatively minor significance. Sometimes the term "Traffic Offense" is improperly used as a synonym for "Traffic Ticket." While all Traffic Tickets, are, by their very nature, Traffic Offenses, not all Traffic Offenses are merely simple Traffic Tickets.

Traffic Offenses can be divided into 2 categories: Civil Infractions and Misdemeanors. Civil Infractions are Offenses which DO NOT carry any possible Jail term. Most, but not all, Civil Infractions carry Points, which are applied to a Driver's Record, plus fines. Think Speeding Ticket.

Traffic Misdemeanors, on the other hand, DO carry a potential Jail Sentence. In addition, many, although not all, Misdemeanor Traffic Offenses carry Points, as well as fines and Court costs. Think DUI and Suspended License charges.

In my Criminal Practice, the general lack of clarity regarding a "Traffic Offense" comes up in many different ways. Let's look at a few examples.

When someone hires me because they've been charged with a crime, and I ask if they have any prior Criminal Convictions, I often get a response like "no, just some Traffic stuff." But as we've seen, some Traffic Offenses are Civil Infractions, and others are Misdemeanors. All Traffic Misdemeanors are, first and foremost, Misdemeanors, meaning they are Criminal Offenses. A person convicted of a DUI, or Driving While License Suspended charge does, in fact, have a "prior," or "priors." A person with 100 Speeding Tickets, but no prior Misdemeanor of Felony convictions, (Traffic or otherwise), despite being a lousy driver, does not have any "priors."

Here's where it gets tricky: Traffic Misdemeanors can NEVER be removed from a person's Criminal Record. While even a Delivery of Heroin Felony conviction can be set aside, by law, no Traffic Misdemeanor can ever "come off" a person's Record. Traffic Misdemeanor are worse than bad tattoos; at least a tattoo can be removed, even though the process is painful.

Continue reading "Misdemeanor Driving Offenses - On Your Record Forever" »

In the previous Blog entry, we discussed the Misdemeanor Offense of Leaving the Scene of a Property Damage Accident (PD). This article will discuss the similar, but more serious Offense of Leaving the Scene of a Personal Injury Accident (PI).

Leaving the Scene of a Personal Injury Accident is typically spoken of as Leaving he Scene of a PI Accident. Like the related charge involving a Property Damage Accident, this Offense and its penalties are set forth in the Michigan Motor Vehicle Code. Leaving the Scene of a PI Accident carries a much stiffer potential penalty, however, of up to 1 year in the County Jail.

Again it would seem obvious why this is a Crime. There is a strong public interest in making sure anyone involved in an accident sticks around long enough to exchange information with anyone else involved and summon the Police, if necessary. The stakes are much higher if there is an injury, or even a potential injury. Doesn't everybody who ever gets a Driver's License learn that the first thing one should ask, after a collision, is if everyone is all right?

Imagine the potential consequences if a Driver leaves the scene of an accident after another person has been injured, and is unable to call for help. Given the stakes, making sure one person renders aid or contacts help for another who has been injured is, and ought to be, a matter of universal public policy.

In the real world, this charge comes up when someone collides with another vehicle, or pedestrian, and then panics and takes off. I think it's fair to say that most of the time this happens, the person who takes off truly believes that the other party is okay. In other words, most of the time, when one person knows they have really banged up another, they'll stick around and do the right thing.

As with PD accidents, there are two groups of people who Leave the Scene of a Personal Injury Accident:

1. Those who had been drinking and left the scene to avoid getting arrested for a DUI, and

2. Everybody else.

Continue reading "Michigan Traffic Offenses - Leaving the Scene of an Accident (Personal Injury)" »

One kind of charge that comes up somewhat regularly in my Practice as a Criminal Defense Lawyer involves the Misdemeanor charge of Leaving the Scene of a Accident. Actually, there are two different kinds of Leaving the Scene charges: The one we'll discuss in this first article, is Leaving the Scene or a Property Damage Accident. In the next installment of this Blog, we'll examine the other, similar (but more serious) charge of Leaving the Scene of a Personal Injury Accident.

Leaving the Scene of a Property Damage Accident is often referred to as Leaving the Scene of a PD Accident, and is a violation of what's known as Michigan's Motor Vehicle Code. The Motor Vehicle Code is the collection of all Michigan Traffic Laws. A violation of any provision of the Motor Vehicle Code is considered a Misdemeanor, punishable by up to 90 days in Jail, unless a different penalty is specified as part of a particular provision. Curiously, and somewhat redundantly, the specific provision of the Law concerning Leaving the Scene of a PD Accident includes a penalty of up to 90 days in jail for its violation.

The purpose of these Laws is relatively clear; to make sure people don't take off after an accident. Someone who's property has been damaged as the result of an accident, whether it's a car parked somewhere, or a mailbox, or whatever else, shouldn't be left "holding the bag" for those damages if the other driver was able to take off and get away undetected. In the vast majority of collisions (where a person was not driving while drunk, or high on drugs, or recklessly) the worst thing an at-fault driver faces is a Traffic Ticket for a Civil Infraction. In other words, the penalty for leaving is much worse than any possible penalty for whatever happened to cause the collision. The law applies equally to any driver involved in an accident, meaning that even a person who was clearly not at fault can't just leave the scene.

In the real world, there are 2 kinds of people facing this offense:

1. Those who had been drinking and left the scene to avoid getting arrested for a DUI, and

2. Everybody else.

A fairly typical real-life example involves someone hitting a parked car as the drive down a street. If the driver is sober, then, at worst, they might get a Traffic Ticket for their actions. If the driver has been drinking, however, they know that they're facing a DUI arrest, further complicated by the accident, if they wait around for the Police to show up. While even the most law-abiding citizen can become panic-stricken and make a poor decision and drive off, it's far more likely to happen when a person knows contact with the Police will certainly lead to a Drunk Driving arrest, for starters.

Continue reading "Michigan Traffic Offenses - Leaving the Scene of an Accident (Property Damage)" »

A fair share of my time, as a Metropolitan Detroit Attorney, is spent in Court handling Traffic Tickets. When I get a call from someone who is considering fighting a Ticket, they usually want to know 1 of 2 things:

1. Is there a way to "get out of" or "beat" the Ticket? or

2. Is there a way to at least avoid the Points?

1. What does your Driving Record look like (i.e, any points, and if so, for what)? and

2. In what City did you get the ticket you're calling about?

The answers my questions allow me to give a good answer to the caller's questions. Let's look at an example: The other day I went to Court in the City of St. Clair Shores for a guy who received a speeding ticket on I-94. He had no points on his record, and it had been more than two years since his last ticket. He asked what could be done about the ticket. He knew that "beating" the ticket would be an uphill fight, as he had been caught going about 16 miles an hour over the speed limit by radar. When I learned he had no active points, I explained that it was quite likely I would be able to negotiate a deal with the Prosecutor for him to plead responsible to a "no point" offense which would not go on his record.

He was pleased with my answer, and then asked it there was a way he could just have me handle the ticket and not have to go to Court himself. When I explained that in Ticket, or "Civil Infraction" cases a lawyer could go to Court and handle the matter without the Client having to be there, he was thrilled. He made arrangements to send me the ticket, my fee ($400 in his case) and another check for $150 to cover the fine. I went to Court, worked out the deal I had discussed with him, paid his fine and sent him the receipt. Two days later, I received an e-mail from him thanking me for helping him out.

Continue reading "Getting out of a Michigan Traffic Ticket or Avoiding the Points" »