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Drug overdose deaths on the rise!

Drug overdose deaths exceed 100,000 per year in the United States

Recently compiled information derived from CDC’s National Center for Health Statistics indicates that there were an estimated 100,306 drug overdose deaths in the United States during 12-month period ending in April 2021. This represents an increase in drug deaths of 28.5% from the 78,000 deaths during the same period in the prior year. A breakdown of the statistics for this period shows an increase in deaths due to cocaine, fentanyl, heroin and methamphetamine.  In addition, overdose deaths from opioids were 75,674 nationally compared to 56,064 in the prior year. There have been approximately 1,000,000 drug overdose deaths since 1999. 

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According to 2019 Michigan State Police records – 4,933 crimes were reported to the Clinton Township Police. The majority of crimes reported were for larceny, retail fraud (shoplifting), operating while intoxicated (OWI), OWI with a high BAC (.17 or more), domestic violence and assault crimes. The jurisdictional geographical boundaries of the 41B District Court include Clinton Township, Mt. Clemens & Harrison Township. 

41B District Court Information, Location, Zoom Identification

The 41B District Court  has jurisdiction to handle civil, traffic and criminal cases arising in Clinton Township, Harrison Township and Mount Clemens.

  • 41B District Court Address: 22380 Starks Drive, Clinton Township, Michigan 48038
  • Map: Link to map
  • Phone: 586-469-9300
  • Zoom Administrator ID: 218-957-8812
  • Magistrate Zoom ID: 843-970-5882

Clinton Township has its own police department while Harrison Township and Mount Clemens employ the Macomb County Sheriff’s Department for police services. The 41B District Court is served by 3 judges: Judge Sebastian Lucido, Judge Jacob Femminineo and Judge Carrie Lynn Fuca. In 2020, Judge Femminineo replaced long standing Judge Linda Davis. Judge Linda Davis is now active in the organization that she spearheaded, Families Against Narcotics (FAN).

41B District Court has an expansive jurisdiction with east to west borders from Lake St. Clair in Harrison Township to Hayes Road, and north and south borders from 14 Mile Road to Hall Road. The area has a diverse mixture of established and newer real estate, shopping centers, major retailers (Target, Walmart, etc.) Macomb County Community College, and the Partridge Creek Mall. The Macomb County Sheriff’s Department and the Clinton Township Police are the predominant law enforcement agencies in the area.

More than 10% of the total number of crimes in Macomb County are reported in 41B District Court boundaries. In 2019, there were 41,683 crimes reported in Macomb County with 4,933 being reported through the Clinton Township Police Department and several more reported to the Macomb County Sheriff Department.

We are frequent practitioners in the 41B District Court with more experience in that jurisdiction than any other attorneys in Macomb County.  In our opinion, the 41B District Court will give a person a second chance and has a philosophy to encourage rehabilitation and therapeutic justice rather than jail and punitive measures. 

Hire a lawyer now! Court personnel cannot give legal advice and the prosecutor does not represent you!

The court staff, the prosecutor and judicial officers are forbidden by law to provide you with legal advice. If you are facing a criminal or drunk driving matter in the 41B District Court, you need a skilled Clinton Township criminal defense lawyer to fight for your rights and get your life back on track. The 41B District handles a wide range of the criminal cases that occur in Clinton Township, Harrison Township and Mount Clemens.  The following is list of some of the most prevalent misdemeanor and felony cases on the 41B District Court’s criminal docket:

Crimes involving firearms are also on the rise throughout Macomb County. Gun crimes include carry a concealed weapon, brandishing a firearm and possession of a firearm under the influence.

Dismissals, felonies reduced to misdemeanors: There’s always a way to resolve a legal predicament. Just because you are guilty does not mean that you will be found guilty. In many cases, there’s a way to get out of the criminal justice system unscathed and without a conviction or by getting a felony dropped down to a petty offense.  An attorney can explain how all of these special provisions of law are utilized in the 41-B District Court which can result in a dismissal of a criminal matter:

Multiple criminal offenses and drunk driving are eligible for expungement

Michigan has adopted Clean Slate legislation that enables eligible individuals to get multiple offenses, and one drunk driving offense, expunged. For the first time ever (effective February 19, 2022) an individual can file a petition to get any of the following offenses for drinking or drugged driving expunged:

  • Operating While Intoxicated (OWI)
  • Operating While Visibly Impaired (OWVI)
  • High BAC .17 or more or Super Drunk Driving
  • Minor with any BAC (Zero Tolerance)
  • Operating with the Presence of a Controlled Substance conviction

The following driving offenses are not eligible for expungement:

  • OWI with a child (passenger under 16)
  • OWI or Impaired Driving causing serious injury
  • OWI or Impaired Driving causing death.

Retail Fraud Cases in the 41B District Court: DISMISSED!

The offense of retail fraud, also known as shoplifting, can occur when an individual intentionally does any of the following at a retail or business establishment:

  • Conceals property with the intent to steal
  • Changes a price tag or packaging of an item
  • Attempts to defeat the checkout scanner

If you are charged with retail fraud, chances are that you have not been in trouble before and had the money to pay for the goods. If a client is not a US citizen, we will take extra measures in our negotiations to AVOID DEPORTATION. Getting the best 41B District Court retail fraud lawyer is important if you want to keep your dignity, keep your case private, avoid deportation and get the charge dismissed with NO JAIL.

Domestic Violence

Are you being charged with domestic violence in the 41B District Court? Are other attorneys telling you to just plead guilty? Have you been told that you can’t get the no-contact order lifted? Does your significant other, spouse or other side want the case dismissed? If you are in this position, get a Macomb County domestic violence lawyer to explain how you can get the charge DISMISSED, can get the no-contact order lifted and will not be labeled with an assault crime.

Over 200 Charged with Operating While Intoxicated in the 41B District in 2019

There is always a consistently high number of OWI/DUI cases in the 41B District Court. From our experience, you are not looking at jail or losing your license for a first time drinking/drugged driving offense. In addition, if you are charged with a felony OWI/DUI (OWI Third), there is a good chance it can be reduced to a misdemeanor with the right 41B District Court drunk driving lawyers. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. Fortunately, the judges in the 41B District Court have a sentencing philosophy that encourages rehabilitation rather than incarceration.

If a person is charged with Super DUI (BAC .17 or greater), there is a good chance it can be reduced to a lower offense. Using local Clinton Township drunk driving defense lawyers that know the local policies, practices and prosecutors is your best bet if you are looking to get significant deal on any drunk driving case.

All of the 41B District Court Judges have been in private law practice 

The 41B District Court bench all had careers in the private sector running their own law practices. The 41B District Court Judges all know what its like to stand next to another person that is falsely accused of a crime or needs someone to fight for their rights. The 41B District Court is a court system that works with lawyers and those accused of crimes to deliver just and fair results.

From the moment that there is an arrest or a criminal investigation, you need to all of the protection that a local criminal defense attorney can offer. Getting a local Clinton Township criminal defense attorney that knows the system is the best place to start if you are looking to get out of the court system with the best possible outcome.

The 41B District Court Probation Department

It is within the judge’s discretion whether or not to place an individual on probation after being convicted of a criminal or drunk driving offense. For most criminal matters, there will be a period of probation imposed. The maximum period of probation that can be imposed for a misdemeanor is 2 years.  Probation may be non-reporting or require the individual to REPORT (to a probation officer. In certain situations, a skilled criminal defense lawyer can advocate for a short term of probation (3-6 months) or for NO PROBATION.

Probation Violations: The 41B District Court lists various situations that can result in a probation violation:

If you violate your probation for any reason, probation can be terminated, any deal or deferral can be taken away and jail can be imposed. The list below contains common reasons for a probation violation warrant.

  • Alcohol and drug testing violations (failing tests, missed tests).
  • Failure to appear for probation appointments.
  • Getting charged with a new criminal matter.
  • Failure to obtain permission to leave the State of Michigan.
  • Failure to provide current address to the probation department.
  • Failure to attend counseling or program as ordered by the Judge.
  • Failure to pay fines & costs by the due date.
  • Failure to pay restitution.

Probation Modification Hearings: In Michigan, probation can be imposed for up to two (2) years for a misdemeanor offense. While on probation, a person’s right to travel or consume alcoholic beverages can be restricted. Other rights can also be limited or denied while on probation. Probation is an alternative to jail but it also a restraint on personal freedoms and rights. If you are on probation and have been compliant, the 41B District Court Judges may consider modifying or terminating your probation. You will need to talk to an attorney about filing a motion to modify or terminate probation. There are three major reasons that clients ask us to file a motion to modify probation:

  1. Motion to terminate probation early.
  2. Motion to amend probation from reporting to non-reporting.
  3. Motion to amend probation regarding termination/reduction of alcohol/drug testing.

Isolated Incident, First Offender, Not Likely to Get Into Trouble Again: An attorney can advocate for lesser probation, non-reporting probation or a shorter period of probation for eligible offenders.

Traffic Violations in the 41B District Court: Reduced to Avoid Points and Record of any Conviction!

Like other district courts in Macomb County, I would say that traffic tickets are on the top of the list of types of cases that are litigated at the 41B District Court. Gratiot Avenue, Metro Parkway, a stretch of I-94 and Hall Road all contribute to the traffic volume in the 41B District Court.  When resolving a traffic matter in the 41B District Court, we are often able to negotiate a reduction or avoid points. A substantial reduction in a traffic ticket occurs when it is reduced to an offense such as impeding traffic or double parking. A traffic ticket that is reduced to impeding traffic or double parking does not carry any points and will never appear on a person’s driving record! We are also able to get favorable results for individuals charged with misdemeanor traffic offenses such as driving while suspended, reckless driving and leaving the scene of an accident. 

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41A District Courts: Locations in Shelby Township & Sterling Heights

Macomb County’s 41A District Courts

There are 2 divisions of the 41A District Court in Macomb County which are geographically located directly next to each other but which cover distinctly different geographical regions of Macomb County and each operates under its own set of rules and policies. The fact that they have the same name and that they both come up on searches for the 41A District Court does cause some confusion. Hopefully, this article will settle it once and for all that there are TWO courts called the 41A District Court and what you can expect if you have legal business in these separate and distinct jurisdictions. 41A District Court locations and contact info:

41-A1 District Court, Sterling Heights Division

41-A2 District Court, Shelby Division

Geographical Coverage Map of Macomb County District Courts

The jurisdictional boundaries of the 41A District Courts are expansive. The Sterling Heights division has jurisdiction over the entire city of Sterling Heights from 14 Mile Road to Hall Road. Sterling Heights has its own police department. The Shelby Township division covers a much larger geographical area which includes all of Shelby Township, Macomb Township and the City of Utica. The Shelby division is policed by the Shelby Township Police and the City of Utica Police. Macomb Township employs the Macomb County Sheriff Department for police services as it does not have its own police force. The image below provides a map of the geographical areas covered by each Macomb County District Court:

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Types of Cases Handled in the 41A District Courts

Michigan’s district courts have jurisdiction to handle traffic, criminal and civil proceedings. There are certain limitations to the power the district court has over civil and criminal proceedings.

  • Misdemeanor criminal jurisdiction: The district courts have complete jurisdiction of misdemeanors from arrest warrant, arraignment through trial and sentencing.
  • Felony criminal jurisdiction: The district courts have limited jurisdiction over felony matters which includes arrest warrant, arraignment, probable cause conference and preliminary examination. Felony cases that are not resolved in the district court are moved to the circuit court following a probable cause conference or preliminary examination.
  • Traffic jurisdiction: The  district courts have complete jurisdiction to dispose of traffic matters to their conclusion or final decision.
  • Civil proceedings: The district courts have jurisdiction over civil matters not to exceed $25,000.00. Civil proceedings is excess of $25,000.00 are filed and heard in the circuit courts.

Misdemeanors, felonies and traffic matters are initiated in the district court. Criminal cases are initiated in the court system with an arrest warrant or appearance ticket. For all felonies and most misdemeanors, an arraignment is held in the district court to advise an individual of the charges and to set bond and bond conditions.

Some of the more common criminal matters that are handled in the 41A District Courts include:

What can be expected if I am charged with a crime in the 41A District Courts?

Those with business in the 41A District Courts can expect to be treated fairly by elected judges are compassionate and that will bend over backwards to give an individual a break. The 41A District Courts in both Sterling Heights and Shelby Township utilize all of the statutory first offender programs to facilitate dismissals, including all of the following programs:

Felony cases: If you get charged with a felony, it starts out in the district court. If you get your felony reduced to a misdemeanor, you AVOID A FELONY RECORD and it remains in the district court. Talk to a local experienced criminal defense lawyer to find out how this is even possible.

Drunk driving: If you  are charged with driving under the influence (OWI, OWI with high BAC, etc.) in the 41A District Courts, you are not looking at jail or losing your license for a first offense. Getting a local attorney to fight for the best outcome is your best bet if you are facing a charge for driving under the influence of drugs or alcohol. There are many discretionary components of a drunk driving sentence  including: community service, immobilization of vehicle, random testing for alcohol and drugs, reporting or non-reporting probation. Some of these conditions can be avoided by strategic legal planning beforehand.

Traffic tickets: The court clerks are not authorized to give legal advice. They will not tell you that you can fight a traffic ticket arising in Sterling Heights, Shelby Township, Macomb Township or Utica and get it amended to an offense that carries NO POINTS and will NOT BE ABSTRACTED on your driving record. As we say, it is a wise investment to fight every traffic ticket.

Expungements of old crimes and drunk driving: The 41A District Courts have embraced Michigan’s Clean Slate law and are eager to grant expungements to those that are eligible. In addition, for the first time ever, effective February 19, 2022, an individual may file for expungement of a conviction for OWI, Impaired Driving or Super Drunk Driving. When you get a case expunged, you can say: I have never been convicted of a crime!

Probation Departments of the 41A Districts in Sterling Heights & Shelby 

The district courts in Michigan (including the 41-A Districts) have jurisdiction to handle all aspects of a misdemeanor offense (arraignment, trial, sentence). A misdemeanor is defined as an offense which can carry up to 1 year in jail. If the offense carries a penalty greater than 1 year, it is classified as a felony. Probation may be imposed for a maximum period of 2 years for a misdemeanor. When probation is required, it may be ordered to be REPORTING or NON-REPORTING. Non-reporting is always preferred. However, an individual is placed on reporting probation will be required to check in/report with a probation officer at predetermined intervals (monthly, bi-weekly). A motion can be filed to modify probation as explained below.

Probation violations and motions to modify probation

As the Michigan statute says ( MCL 771.4): All probation orders are revocable but revocation of probation, and subsequent incarceration, should be imposed only for repeated technical violations, for new criminal behavior, or upon request of the probationer. Hearings on the revocation must be summary and informal and not subject to the rules of evidence or of pleadings applicable in criminal trials.

Probation violations can result in jail time and the assistance of a criminal defense lawyer is essential. Upon being found guilty of violating probation, the Judge can sentence a person to the maximum remaining jail time which has not been served. Failure to comply with any of the conditions of probation will lead to a probation violation hearing and possible termination of probation and jail. Here are a few scenarios that can result in a probation violation:

  • Getting charged with another crime
  • Failing to report as directed
  • Leaving the State of Michigan without permission
  • Missing or failing a drug or alcohol test
  • Failure to pay fines/costs
  • Failure to attend counseling

If you have been compliant with probation (no violations, completed all programs, paid all fines), you may be eligible to file a motion to terminate or modify probation. In filing a motion to terminate or modify probation, you will want to give your attorney proof that you completed any programs, community service and paid all fines and costs. If you intend to file a motion to modify or terminate probation, our firm recommends that you wait until you have served 50% of your probation term. To get the case before the Judge at the half way point, we would recommend that you get started a few weeks beforehand with your lawyer. Continue reading ›

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Leaving the scene of an accident is a crime in Michigan

The dos and don’ts if you are faced with hit and run for leaving the scene of an accident! 

A traffic crash is a traumatic event. We know from our experience as Macomb County criminal defense lawyers that an individual may leave the scene of an accident for various reasons including when someone is driving under the influence. Leaving the scene of an accident is a possible response under certain circumstances when stopping appears to be dangerous or risky. However, many hit and run incidents are related to illegal driving scenarios such as when an individual is driving under the influence (DUI), driving while license suspended (DWLS), driving without insurance or has a warrant for his or her arrest. 

Hit and Run is a Criminal Offense

In Michigan, traffic offenses can be charged as civil infractions or as crimes. The offense of leaving the scene of an accident (aka: hit and run, failing to give identification at the scene of a crash) is charged as a crime in Michigan. Along with drunk driving, leaving the scene of an accident is also one of the most prevalent misdemeanor cases that is charged in the Macomb County District Courts. Leaving the scene of an accident is a serious crime that can carry jail, up to 2 years of probation, a fine, court costs and 6 points. Leaving the scene of an accident causing an injury is a more serious crime than one causing property damage. If you get convicted of leaving the scene of an accident a criminal record will be created, 6 points will go on your driving record, you can be placed on probation and get up to 1 year in jail.

Let us explain what you should do if you have left the scene of an accident or if you are charged with leaving the scene of an accident. You should know that talking to the police without getting sound legal advice or pleading guilty without a lawyer are not your best options. You need to also know that employees in the court system are not permitted to give you legal advice. In this publication, and others, we explain why you should be proactive and that hiring a lawyer to fight every traffic ticket is a wise investment.

This publication is based upon our experience handling criminal cases, leaving the scene of an accident and traffic violations in the following Metro Detroit jurisdictions:

Michigan Driver’s Duties Following an Accident

Pursuant to MCL 257.619, The driver of a vehicle who knows or who has reason to believe that he or she has been involved in an accident with an individual or with another vehicle that is operated or attended by another individual shall do all of the following:

  1. Give his or her name and address, and the registration number of the vehicle he or she is operating, including the name and address of the owner, to a police officer, the individual struck, or the driver or occupants of the vehicle with which he or she has collided.
  2. Exhibit his or her operator’s or chauffeur’s license to a police officer, individual struck, or the driver or occupants of the vehicle with which he or she has collided.
  3. Render to any individual injured in the accident reasonable assistance in securing medical aid or arrange for or provide transportation to any injured individual.

Failing to comply with these duties or failing to stop and give identification at the scene of a crash or leaving the scene of an accident can result in a criminal record, criminal penalties along with administrative sanctions by the Michigan Secretary of State.

Are you facing any of these scenarios?

Do not hesitate to hire a local attorney if you are facing any of these scenarios:

  • You have received a ticket for leaving the scene of an accident.
  • You have left the scene of an accident and sooner or later will be apprehended.
  • You have left your vehicle after an accident and do not know what to do.

An attorney will protect you from making the wrong moves with the police and your insurance company. Don’t be tempted to say that your car was stolen or make up some bogus story that will get you charged with a felony. Once you talk to the police, the police will get names of any witnesses and check out your story . Do you really want to implicate your friends and ask them to lie for you? The police will not tell you that you have a right to remain silent and a right to an attorney unless you have been placed in custody.

You just might not be guilty of anything if you were not aware that an accident occurred or remaining at the scene would have been harmful or obstructed traffic more than necessary.

Leaving the scene to avoid getting nailed for a DUI 

It happens more often than you think. After consuming alcohol,  a person chooses to operate a vehicle and has an unfortunate accident while behind the wheel. The accident may involve a parked car, another occupied vehicle or be a single vehicle accident. The person knows that he or she is intoxicated and doesn’t want to get hit with a DUI. The person makes a decision to leave the scene of the accident believing that it is far better than sticking around and getting charged with drunk driving. Leaving the scene sometimes works out for the offender and sometimes it doesn’t. The driver that leaves the scene, by abandoning his or her car or driving off, will wind up afraid and anxious trying to figure out what will happen next.

Let us help you get your case under control if you have left the scene of an accident. DO NOT call the police and your insurance company and say that your car has been stolen. You will merely be exposing yourself to a felony charge for insurance fraud and filing a false felony report. Once you contact the police, you will asked for additional information that can be incriminating. Only an attorney can give you an accurate plan everything under control.

What to do if you are charged or have left the scene

If you have received a citation for leaving the scene of an accident, contact a lawyer for representation in the court system. If you are freaking out after leaving the scene of an accident and haven’t been caught yet, contact a lawyer to help you sort it out and establish a solid plan to address all of the following urgent matters:

  • Whether or not you should talk to the police.
  • Whether an insurance claim should be filed.
  • Getting your car out of the impound.
  • Dealing with the court system (arraignment, bond, pretrial conference, trial).

You have a right to a lawyer and a right to remain silent!

Let us explain the dos and don’ts if you are faced with any of the above hit and run scenarios:

  • DO retain an attorney to speak on your behalf.
  • DO get yourself cleaned up, sober and in  a better place if you intend to handle the matter with the police without a lawyer.
  • DON’T go home if you expect the police know your identity and your residential address.
  • DON’T make any statements to the police until you have consulted with a lawyer.
  • DON’T send any incriminating text messages to anyone.
  • DON’T say anything to your insurance agent until you have consulted with a lawyer.

There are ways for us to truthfully report the matter to the police without ever mentioning that our client was intoxicated the day before. Insurance fraud and filing a false police report are felonies. We will give you a solid plan to deal with the police, the insurance company and the court system without ever getting charged with a drunk driving or lying to the police! We consider it an emergency if you have left the scene of an accident, have not been home for several hours and do not have a clue what you should do next. 

Penalties for leaving the scene of an accident 

Jail-time, losing your license, insurance issues and getting stuck in the court system for up to 2 years while on probation are all possible penalties for leaving the scene of an accident.

It is a crime to leave the scene of an accident pursuant to MCL 257.617a, which provides as follows:

  • 1. Leaving scene causing property damage: The driver of a vehicle who knows or who has reason to believe that he has been involved in an accident upon public or private property that is open to travel by the public shall immediately stop his or her vehicle at the scene of the accident and shall remain there until the requirements of section 619 are fulfilled or immediately report the accident to the nearest or most convenient police agency or officer to fulfill the requirements of section 619(a) and (b) if there is a reasonable and honest belief that remaining at the scene will result in further harm. The stop shall be made without obstructing traffic more than is necessary.
  • 2. Leaving scene causing an injury: If an individual violates subsection (1) and the accident results in injury to any individual, the individual is guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.

Leaving the scene of an injury accident

Leaving the scene of an accident may involve property damage, an injury to another person, or both. There are many factors that can make leaving the scene of an accident more serious. Leaving the scene of an accident involving only property damage with no injuries is a threshold case under the statute. If an injury is involved, the penalties are increased. If an injury occurs and alcohol or drugs are a factor, the offense is likely to be charged a felony, OWI causing an injury, which can carry up to five (5) years in prison. It is the job of an attorney to find ways to minimize the consequences of a more serious charge.

Restitution: Compensation to the victim(s)

Michigan’s restitution statute, MCL 769.1a, gives the court wide discretion to order reimbursement to any victim which arises out of the defendant’s criminal course of conduct.  The statute states as follows: when sentencing a defendant, the court shall order that the defendant make full restitution to any victim of the defendant’s course of conduct that gives rise to the conviction or to the victim’s estate. Restitution can include compensation for property damage and injuries such as: collision costs or fair market value of property, medical expenses, cost of psychological treatment to the victim or member of victim’s family and child care!

Restitution can be ordered to be paid during a term of probation. Whenever it is attainable and it will help in negotiations or sentencing, we may encourage our client to pay restitution up front.

Driving off after accident, leaving disabled vehicle at the scene

When the police find a disabled or abandoned vehicle that was in an accident, they are automatically suspicious that the driver was drunk, left the scene to avoid being tested for alcohol and waited to claim the vehicle until after his or her alcohol levels dropped below the legal limit for OWI/DUI. The police will typically put a hold on the vehicle until it is claimed and a statement is made by the owner/driver. This is where an attorney comes in and can talk to the police for you, schedule an interview and arrange to get your car released. If damage is extensive, the vehicle may remain impounded until the insurance company adjusts the damage. DO NOT REPORT THE VEHICLE AS STOLEN! Contacting the police before retaining a lawyer in this scenario is a big mistake. It is far better to let your lawyer do damage control and do all of the talking rather than get caught lying to the police which can lead to other serious felony charges.

 

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Matthew S. Abdo & Cy M. Abdo

What is the difference between criminal traffic tickets and civil infractions?

Traffic offenses are classified as non-criminal or criminal. A non-criminal traffic violation is called a “civil infraction”. Civil infractions do not carry any jail and do not go on an offender’s criminal record. A fine is often imposed for a civil infraction and they usually carry points that will be abstracted on the offender’s driving record. A criminal traffic violation almost always carries points, a fine, along with possible jail and probation. Click here for a link to the Michigan Secretary of State Point System.

In this article, ABDO LAW will explain the differences between various traffic offenses and why you should fight every traffic ticket to avoid points and higher insurance premiums. Avoiding a criminal record may be an additional goal if you are charged with a criminal traffic offense such as leaving the scene of an accident, driving while license suspended or reckless driving. The Michigan Traffic Offense Code contains a complete list of all Michigan traffic offenses along with penalties, points and license sanctions. Here are the goals that we have when we fight a traffic ticket:

  • Avoid points
  • Avoid any offense on driving record
  • Avoid higher insurance premiums
  • Avoid a criminal traffic conviction

Civil Infractions: A civil infraction can result in the following sanctions: points on your driving record with secretary of state and monetary sanction (fine) to the court system. Not all civil infractions result in points or go on your driving record. If you are wondering, there are a few civil infractions which we can get in a plea deal to resolve a traffic ticket and keep a client’s record clean. The following offenses do not appear on your record and do not carry any points: double parking, impeding traffic and sudden acceleration. Yes, the court remains able to assess a fine for these matters. However, insurance rates will not be impacted since these offenses do not show up on your record. That makes it a huge deal to get a traffic offense reduced to a civil infraction which DOES NOT appear on your driving record. Here are a few examples of common civil infractions that can hurt you because they carry points and appear on your driving:

       Civil Infractions                           

  • Speed 1 to 10 mph over limit, 2 points
  • Speed 11 to 15 mph over limit, 3 points
  • Speed Over 15 mph over limit, 4 points
  • FTSACD (rear end accident), 2 points
  • Disobey stop sign, 3 points
  • Disobey traffic signal, 3 points
  • Careless driving, 3 points

Criminal Traffic Violations: When an offense is labeled a crime or criminal traffic violation, it can carry the following sanctions: points, fine, court costs, possible jail and probation. If the matter is a misdemeanor traffic violation, it can carry up to 2 years probation. A felony involving a motor vehicle (such as fleeing or OWI 3rd), can carry up to 5 years probation. Most criminal moving traffic violations carry 6 points. Here is a list of the most common criminal traffic offenses that are also some of  the most prevalent misdemeanors that appear in every district court located in the counties of Macomb, Oakland, Wayne and St. Clair:

       Criminal Traffic Offenses      

Insurance companies get rich when you just pay a traffic ticket!

Don’t surrender to the police, courts and insurance companies when you get a traffic ticket! There is never any benefit to just paying a ticket without trying to fight it. Absolutely Never! Based upon our experience, traffic tickets are fought and won every day in every Metro Detroit district court located in Macomb, Oakland and Wayne counties. Fighting a traffic ticket with an experienced local attorney can save you from getting jammed points and up with higher insurance premiums.

There are ways to avoid points and avoid a ticket from getting abstracted on a driving record?

Yes, there are ways to get traffic tickets under control by avoiding any points and avoiding anything from appearing on an offender’s driving record. Most of the time, an attorney can negotiate for reduction of the ticket which usually means less points. When this occurs, the ticket is amended to an offense such as “impeding traffic” or “double parking” which  are zero point violations that do not appear on the driving record. We understand that you might be  thinking that “impeding traffic” or “double parking” do not have anything to do with the original ticket. However, the key is to AVOID POINTS and AVOID A RECORD!

Clean Slate Law Allows for Expungement of Certain Criminal Traffic Violations

Prior to 2021, a criminal traffic violation was could NOT be expunged in Michigan. Now, under Michigan’s new  expungement rules, certain traffic misdemeanors may be expunged. Also, effective February 19, 2022, an individual may be eligible to get one offense expunged for operating while intoxicated or impaired. There are exceptions to this rule and the following offenses involving a motor vehicle are not eligible for expungement:

  • Any traffic violation involving an injury or death.

Effective on February 19, 2022, a first and only driving under the influence can be expunged.  Whenever in doubt, contact an expungement lawyer  to find out if your case is eligible for expungement.

Links to Macomb and Surrounding Area Courts

Here is a sample of courts that surround our office where we frequently practice and have had success in getting thousands of tickets dismissed!

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Actual Image of Michigan Application to Set Aside/Expunge Conviction (MC227)

There are several reasons that you might need to know how to obtain your criminal record. You might need to obtain your criminal record to accurately fill out an application for employment or college. An attorney may want to do a background check if you are under a criminal investigation or being charged with a criminal matter. In addition, upon filing an expungement, an attorney is required to request the criminal history of the applicant.

How to order a copy of your criminal record

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Retail fraud can occur by concealing property,

by engaging in certain fraudulent activity or bypassing a checkout scanner.  

41A District Courts: Locations in Sterling Heights and Shelby Township

Criminal cases which occur in Sterling Heights, Shelby Township, Macomb Township and Utica are handled at one of the above 41A District Courts. The Shelby Township location has jurisdiction over cases that occur in Shelby Township, Macomb Township and Utica.  41A District covers a large geographical area in the County of Macomb with two court locations: 

There are numerous retail establishments and shopping corridors situated within the jurisdiction of the 41A District Courts.  In addition to Lakeside Mall, there are numerous other national retailers and big box stores located on the M-59 corridor and on major shopping corners and centers throughout Sterling Heights, Shelby Township, Utica and Macomb Township including Sam’s, Meijer, Walmart, Kmart, CVS, Home Depot, Lowes Home Improvement, Target and Kohls.

The courts, police and prosecutor will not give you legal advice!

This publication is based upon our law firm’s extensive experience practicing criminal law in the 41A District Courts. Do not hesitate to hire a lawyer to protect your rights if you are being accused or charged with a crime. The courts, police and prosecutor will not give you legal advice.

Retail Fraud is Shoplifting: Possible arrest on the spot or released and notified of a court date

The crime of shoplifting, which is called retail fraud in Michigan, is one of the most prevalent crimes that we see in both of the 41A District Courts as well as every other district court in Macomb County!

Retailers use a variety of resources to deter theft and identity shoplifters. The offense of shoplifting, or retail fraud, occurs when a person does any one of the following acts with an intention to steal property from a retail establishment:

  • Conceals property on his or her person, or otherwise, with the intent to steal.
  • Changes a price tag or label with the intent to create or cause a misleading transaction.
  • Attempts to defeat the self scanning checkout system.

After identifying a shoplifter, the loss prevention employee will obtain identification and detain the suspected party unless apprehension and detention is dangerous or met with resistance. Insofar as possible, loss prevention employees are trained to avoid confrontations which could result in personal injuries or liability to the retailer.  The shoplifter may be held in custody until a bond is posted or released and  notified of a court date in about 30 days.

Once apprehended for retail fraud, one of the following scenarios may occur:

  • The police are called to the scene and the person may be arrested, booked and released on bond until a court date is scheduled.
  • The person may be released and notified by mail once the case is within the court system.
  • The person may be issued a ticket or notice to appear in court within 10 days or on specified date.

Video Evidence of Self Scanner Fraud: Getting caught red handed is one way that shoplifters get nabbed.  Reviewing video footage of a particular customer’s shopping activity is another way that retail fraud offenders are flushed out.  If a customer is suspected of retail fraud, particularly at a self checkout scanner, a loss prevention officer may track the customer’s credit card transactions and match them up with the video of the person’s checkout activity. If the customer is seen placing items in a bag, or bypassing the checkout scanner, without paying for the items, the customer may be charged with retail fraud. The following are a few ways people steal at self checkout terminals:

  • Failing to scan items, usually of greater value (leaving them in a shopping cart).
  • Placing an item in a bag or in the bagging area without scanning it.
  • Creating confusing to distract store employees.

Multiple charges may be levied against a single customer if the video evidence reveals several illegal transactions. The transactions may be combined to charge an individual with multiple crimes or the separate transactions may be consolidated to elevate the crime to a felony if the amount involved is $1,000.00 or more.

The evidence in a retail fraud case will consist of the police report, any witness statements, confession of the accused party and any photographic or video evidence of the incident. Employees and loss prevention officers of the retail establishment will be asked to cooperate with the prosecutor and the court system in later proceedings against the accused party.

Penalties for Retail Fraud: Criminal Record, Possible Deportation

Retail fraud in the first degree is a felony. Retail fraud in the second and third degree are misdemeanors. Retail fraud is a crime of dishonesty which could result in a permanent criminal record if not handled by an experienced retail fraud lawyer. Retail fraud is also considered a crime involving moral turpitude which can result in deportation for non US citizens. Thus, a person who faces retail fraud charges should hire a lawyer as soon as possible. A lawyer can provide invaluable sound legal advice and a strategy which could keep result in a dismissal of the offense, depending upon the circumstances and the prior criminal record of the offender.  The penalties for retail fraud are:

  • Retail Fraud First Degree: If the value of the merchandise is $1,000.00 or more, up to 5 years in prison and/or fine up to $10,000.00, or 3 times the value of merchandise.
  • Retail Fraud Second Degree: If the value of the merchandise is $200 but under $1,000.00, up to 1 years in jail and/or fine up to $2,000.00, or 3 times the value of merchandise.
  • Retail Fraud Third Degree: If the value of the merchandise is under $200,up to 93 days in jail and/or fine up to $500.00, or 3 times the value of merchandise.

Michigan Law provides that a person who commits an act for which he or she could be charged with retail fraud is liable to the merchant for the full retail price of un-recovered property or recovered property that is not in salable condition, and civil damages of 10 times the retail price of the property, but not less than $50.00 and not more than $200.00.

In addition, the court can order restitution at the time of sentencing. Restitution is compensation for a victim’s losses.

Retail Fraud Cases DISMISSED!

You are not alone if you facing a shoplifting charge. Some of our clients say that they are happy when they got caught because it (shoplifting) was getting out of control. Others do not have a history of shoplifting but committed the offense on an impulse or desperation. Having a lawyer by your side is your best bet to insure that your rights are protected and to avoid saying the wrong thing that can hurt your case in the legal system. Don’t convince yourself that you can outsmart the legal system.  First of all, based upon our experience handling retail fraud cases in the 41A District Courts, 100% of of first time retail fraud offenders are eligible for

If you are charged with a first offense for retail fraud, a disposition for a dismissal is a realistic goal. Based upon our experience, more than 95% of all retail fraud cases are resolved without a trial. There are several provisions of law which we can use to get a retail fraud case case dismissed including: 

  • HYTA allows youthful offenders to get a dismissal and the record sealed from public view.
  • Juveniles, age 17 or under, may be eligible for consent calendar to get a criminal charge dismissed, sealed and with no record created.
  • Adult offenders may be eligible to get a retail fraud deferred and dismissed under a special provision of law.
  • For aliens (non US citizens), our goal is to get the charge amended to a non-deportable offense.

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Detroit 

The City of Detroit is amid major economic growth.   Detroit’s growth includes a real estate boom, renovations of historic structures, updated infrastructures and housing developments.  The downtown area and surrounding neighborhoods are experiencing an influx in population which is likely to continue for several years to come.  The City of Detroit is also attracting visitors for entertainment and tourism from the suburbs, Canada, other states and countries. Places like the Eastern Market, Greektown, Midtown, Little Caesars Arena, Fox Theatre, Belle Isle, the DIA casinos, festivals, concerts and restaurants have become major attractions in the City of Detroit.  In addition, all of Detroit’s professional sports teams (Tigers, Lions, Red Wings, Pistons) have returned to downtown Detroit.

There are many dimensions to the City of Detroit. Detroit is known for its hard working and hard partying people. It is also a devoted sports town. Detroit is uniquely situated geographically with an international border shared with the Country of Canada which is divided by the Detroit River and accessible by crossing the Ambassador Bridge or Detroit/Windsor Tunnel . Detroit has 3 major casinos and hosts the International Auto Show each year.  The Covid-19 pandemic has been a game changer but Detroit has endured the worst pandemic ever is more vibrant than ever.

36th District Court is the busiest in Michigan

The 36th District Court is by far the busiest district court in the State of Michigan. It has a single location at 421 Madison, Detroit, Michigan 48226. There are 30 judges at this location that have demanding criminal, drunk driving and traffic dockets.

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Winding up in the 36th District Court can be an intimidating place without the guidance of an attorney. Dealing with security on the main floor, locating your court room and attempting to discuss your case with the prosecutor can be overwhelming and sometimes futile. By saying the wrong thing without proper representation, you could wind up having your case scheduled for jury trial and miss an opportunity to get out of the system.  If you find yourself in this position, getting experienced 36th District Court defense attorneys is crucial to navigate you through this major urban court system. Here are a few things that you should know up front about the 36th District Court:

  • Court employees and court officers are prohibited from giving any legal advice.
  • You are not allowed to bring your cell phone into the court building.
  • You will be required to appear for an arraignment and will be unable to make any progress without an attorney.
  • You will be required to appear for a pretrial conference if you are unable to resolve your case at the arraignment.
  • Your case will be handled by either the Wayne County Prosecutor or Detroit City Attorney for purpose of negotiations, plea bargaining and trial.
  • You will be required to pay all fines and costs on the date of your sentence.

Most prevalent crimes handled at the 36th District Court

Our firm has represented clients charged with just about every imaginable misdemeanor and  felony crime in the 36th District Court. The following is list of the most prevalent cases that we regularly see on 36th District Court’s docket:

What to expect at a bond hearing in the 36th District Court

If you are arrested or arraigned for a criminal matter in the 36th District Court, you will appear before either a magistrate or judge.  Insofar as possible, it is always advisable to have an attorney present for arraignment purposes. An attorney can make a considerable difference at an arraignment hearing by advocating for a personal bond (where no money needs to be posted) or a for a low cash/10% bond arrangement. In addition to the cash component of bond, the Court can also impose bond conditions upon a person’s release from jail. Drug and alcohol testing are common bond conditions for those charged with any crime involving drugs or alcohol. A ‘no-contact order‘ is assured in assault cases, domestic violence, sex crimes and all other crimes involving a victim. In retail fraud cases, the accused party may be instructed to refrain from entering the establishment where the alleged shoplifting occurred. A motion for a hearing can always be filed to modify bond conditions, remove a no-contact order or eliminate travel restrictions.

Crime classification: Misdemeanor or Felony

Misdemeanor or Felony Classification: In Michigan, the district courts have full jurisdiction to dispose of misdemeanors through sentencing. A misdemeanor is classified as an offense that carries up to 1 year in jail.  A felony is classified as a crime that can carry more than 1 year in jail. A felony case is initiated in the district court for the arraignment, probable cause conference and preliminary examination. A felony that is not resolved in the district court will be moved to the circuit court for further proceedings. In certain cases, a felony can be reduced to a misdemeanor and can remain in the district court. . Accomplishing reduction of a felony to a misdemeanor, thus avoiding a felony conviction, is considered a huge victory. 

Economic and property crimes: Larceny, embezzlement, retail fraud and malicious destruction of property to name a few, are all crimes where the classification (felony or misdemeanor) and potential punishment is dependent upon the amount of property loss. For most property crimes, if the amount involved in $1,000.00 or more, it is classified as felony.

Case results in the 36th District Court

The outcome of a criminal case in the 36th District Courts is dependent upon many components.  The most significant factors that can have a bearing on the disposition of a case are:

  • Prior criminal history of the accused party.
  • Cooperation with the police.
  • Whether another party was injured, or property was damaged.
  • The ability of the accused party to provide restitution for damages to the injured party.
  • Whether the offense is a ‘policy case’ (crimes against senior citizens, children

All these special provisions of law are possible in the 36th District Court which can result in the ultimate dismissal of a criminal matter:

Even individuals that have a prior criminal record will be given respect and consideration for plea deals to get a dismissal under certain circumstances.

Non-Resident or Canadian: If you reside outside of Michigan, consider getting an attorney that is experienced with the 36th District Court system and will provide you with efficient representation.

Drunk Driving Cases in the 36th District Court

Based upon 2016 statistics compiled by the Michigan State Police, the Detroit Police Precincts reported numerous drunk driving cases in the City of Detroit. Law enforcement in the City of Detroit is also provided by the Wayne County Sheriff’s Department and the Michigan State Police. There was a total of 11,903 injury crashes in Wayne County with 648 involving alcohol, drugs or a combination of alcohol and drugs. Another 183 fatality crashes were reported with 76 involving alcohol, drugs or a combination of alcohol and drugs.

1st offense drinking and driving:  For most first time drinking and driving offenders, jail is not likely absent some other aggravating circumstances in the 36th District Court. A person without any prior drinking and driving offenses can expect to get an OWI reduced to ‘operating while impaired’. It is extremely difficult and rare, but not impossible, to get a drinking and driving offense reduced to a non-criminal offense. In addition to probation, a person convicted for a first drinking and driving offense (operating while impaired) is looking at:

  • Probation for 1 year or less
  • Fines and costs approximately $1,200.00
  • Restricted license for 90 days
  • Attend an alcohol or substance abuse program (discretionary)
  • Possible drug testing, alcohol testing, AA meetings (discretionary)
  • 4 points on driving record

Super Drunk Driving: If a person is charged with Super DUI (BAC .17 or greater) a deviation may need to be filed to get a plea bargain for a lower offense. Super DUI convictions will result in mandatory license suspension for 45 days followed by a restricted license for a period of 320 days with the requirement of a vehicle breathalyzer ignition interlock device (BAIID). The Court can also order installation of an ignition interlock system on any vehicle driven by a person convicted of any drinking and driving offense, not just a Super DUI.

Repeat DUI Offender: A repeat drinking and driving offender may be looking at a longer period of probation, up to 2 years, with the possibility of some jail time.  There are many steps that we can recommend to those charged with a repeat offense to reduce the likelihood of incarceration in almost every court.

Third Lifetime DUI = Felony: DUI 3rd is a felony/with a maximum penalty of 1-5 years in prison.  Felony matters begin in the district court and can remain in the district court for purpose of sentencing and probation ONLY if reduced to a misdemeanor. Felonies that are not resolved in the district court are handled in the Circuit Court after the probable cause conference or preliminary examination. Click here for more information on felony procedure.

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Social Security, Disability Insurance and Supplemental Security Income

Social Security benefits are paid to eligible individuals that have attained the minimum retirement age, 62 or older. To be eligible for Social Security, an individual must have the requisite number of credits. Social Security credits are calculated based on an individual’s earnings and number of working years. A person is required to have 40 credits which are earned over a period of 10 year period. A person can earn no more than 4 credits a year. In 2021, a person may earn one Social Security or Medicare credit for every $1,470 in covered earnings each year. A person must earn $5,880 to get the maximum four credits for the year. The amount of earnings it takes to earn a credit may change each year.

Social Security Disability Insurance benefits are paid to individuals that have earned the required amount of credits for Social Security but have not reached the minimum retirement age and have become disabled.

Supplemental Security Income benefits (SSI) is a Federal program which is not funded by Social Security taxes. It provides monthly benefits to individuals to meet basic needs for food, clothing, and shelter. The base monthly federal amount varies depending on your living arrangement and income.

Social Security Benefits are Suspended During the Months of Imprisonment

Social Security retirement benefits, Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are not payable during the months that an individual is imprisoned for conviction of crime. All benefits, except Medicare and Medicaid, are suspended upon imprisonment for more than 30 continuous days.  Benefits can be reinstated starting with the month following release from any further incarceration. Although you can’t receive monthly Social Security benefits while you’re incarcerated, benefits will continue to your spouse for children that remain eligible. SSI benefits are also suspended during a period of incarceration for more than 30 continuous days.

Social Security Benefits are Resumed Upon Release from Jail or Prison

Social Security benefits, including SSI and disability benefits, will resume in the month that a person in released from jail or prison.  The payments will not start automatically. If benefits have been suspended,  a request must be made to have them reinstated. In addition, a copy of release documents must be obtained to facilitate coverage without any lapse.

Medicare or Medicaid Benefits 

Eligibility for Medicare Part A (Hospital Insurance) continues without any gap in coverage while you’re in prison. On the other hand, to keep Part B (Medical Insurance) activated, monthly premiums must be paid or coverage will be terminated.  If coverage is interrupted because of incarceration and non payment of Medicare premiums, an application may be filed during the subsequent General Enrollment Period.

Avoiding Criminal Convictions and Jail

If you are charged with a crime, don’t expect the police, the prosecutor or court employees to help you. They do not represent you and unless they advise you to hire a lawyer, you may end up steering yourself into a brick wall. The good news is that most judges in the State of Michigan do not impose jail for the most prevalent crimes. A skilled criminal defense lawyer can explain how a misdemeanor or felony conviction and jail can be avoided. There are also special provisions of law to protect the rights of first time offenders and even for those with a prior criminal record.

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Find out how YOU can avoid points from going on your driving record!

Here’s why fighting every traffic ticket is a wise investment

If you look at only the cost of a traffic ticket ($150.00 to $180.00 for most civil infractions), you may think that it is cheaper just to pay it rather than hire a lawyer to fight it. The process to accept responsibility is made very easy and convenient by the the local court system. On the face of the ticket, you will be given options to pay in person or on-line. In fact, according to the National Motorists Association statistics, only 5% of Americans contest their traffic tickets.  However, paying a traffic ticket without a fight will cost you far more in the long run.  The government is not on your side and neither is your insurance company. You will be sorry very quickly if you pay a ticket without fighting it.

Here are the major disadvantages to paying a ticket without trying to fight:

  • Higher insurance premiums for 3-5 years following the incident which are far greater than the cost of a lawyer.
  • Points appear and accumulate on your master driving record.
  • The prosecutor will consider tickets that appear on your record should you contest future tickets.
  • Employers may deny or limit your use of company vehicles.
  • Getting a ticket set aside after you admit responsibility is expensive and not guaranteed.

In this publication, authored by ABDO LAW, we explain why you should fight every traffic ticket and the outcomes that can be expected in the court system if you contest a ticket with a lawyer. In addition, we describe how the insurance industry uses tickets against you to increase premiums for several years beyond the date of the ticket and why higher risk drivers (the young and elderly) should be especially diligent about their driving records. This publication is based upon our experience handling civil infractions and criminal traffic tickets for 1000’s of clients in every Macomb County district court.

What can an attorney do for me if I get a traffic ticket?

The path of least resistance, paying the ticket versus fighting it, is not economically logical. The best course of action is to fight every ticket with a skilled traffic defense lawyer. Having an attorney who knows how to negotiate traffic tickets can make a huge difference in the outcome as well as your household’s bottom line budget for the next 3-5 years. In our experience, we always leave the court system better off than we started. On a consistent basis, traffic tickets can be resolved with an advantageous outcome which will protect your driving record and save you hundreds, or sometimes thousands, of dollars per year.

Who benefits most if you pay your traffic ticket without a fight?

When you simply pay a traffic ticket without a fight, the government wins the battle because they get their full fee for the citation as originally written. However, insurance companies win the long-term war because they use the information placed on your master driving record by the government to rate and adjust your premiums for the next 3-5 years, depending on the citation.

Insurance companies use many factors to determine your insurance premiums including: your zip code, credit score, type of vehicle, and your driving record. Nerdwallet has a list of the cheapest vehicles to insure, with the Honda CR-V topping the list and several Toyota models in the top 25.

The insurance industry will use information on your driving record (accidents and tickets) and assign “insurance eligibility points” when you apply or renew your auto insurance. Insurance eligibility points are not the same as the points assessed by the Michigan Secretary of State. Insurance companies use their own point system for purpose of calculating your premiums and may deny coverage if you have more than six (6) eligibility points within the past 3 years.

Nobody from the auto insurance industry will tell you that you should hire a lawyer for every traffic ticket because it is not in their economic interest to do so. The insurance industry calculates your premiums and discounts based upon many factors with the heaviest weight placed upon your past driving record.  While your insurance company may give you a break for your first minor speeding ticket, you will not get a break for your second one or for a major traffic violation such as reckless driving (6 points), careless driving, (3 points), excessive speed violations, and several other traffic violations.

If you get a second ticket soon after paying your first ticket, getting a break in the court system is not a given. In fact, the best deals are preserved for those with the best records. You can assume that the prosecutor will have a copy of your driving record when you go to court. Some prosecutors may not make any plea bargain for those with bad records or may only offer a negligible concession.

The young and elderly take the biggest hit by just paying a ticket

As we have stated, your insurance premiums are based upon risk assessment. Unfortunately, young and elderly drivers are in the highest risk groups and face the biggest economic hits for traffic tickets. Risk rates are higher for all drivers 25 and under as well as drivers 70 and over. More than anyone, these groups need to be proactive and do everything possible to avoid getting traffic tickets and to fight any traffic tickets that occur.

What is the best resolution I can receive by fighting a traffic ticket? Avoiding points and entries on your driving record

If you have received a traffic ticket, the best outcome is a dismissal without court costs. A dismissal may occur several ways: winning at trial, the officer failing to appear for trial, or the prosecutor agreeing to this disposition. Since it is very rare for the prosecutor to agree to an outright dismissal and the outcome of a trial is uncertain, seeking a plea bargain is usually the best option for favorable resolutions of a traffic ticket. In fact, traffic tickets are similar to criminal cases and 90% or more are resolved by negotiating with the prosecutor for a plea bargain. Below is a list of the most common civil infraction violations:

  • Speeding 16-25 mph over – 4 points, 3 points on freeway
  • Speeding 11-15 mph over – 3 points, 2 points on freeway
  • Disobeyed Stop Sign – 3 points
  • Improper Passing – 3 points
  • Ran Red Light – 3 points
  • Failed to Yield – 2 points
  • Speeding 6-10 mph over – 2 points, 1 point on freeway

Short of a dismissal, the best outcome that one can hope for is to get a traffic ticket reduced down to a NON-POINT AND NON-ABSTRACTABLE offense. The Michigan Motor Vehicle Code contains certain offenses that do not carry any points and are not abstracted on your record. The offenses that we commonly utilize to avoid points and abstracted records are “IMPEDING TRAFFIC” and “DOUBLE PARKING”. We have obtained these best outcome dispositions in every Macomb County District Court. However, getting a best outcome disposition will still require you to pay an assessment of a fine, typically between $150.00 to $180.00., but these offenses will never appear on your record for insurance rating purposes.

Are traffic tickets considered criminal offenses?

Michigan law categorizes certain traffic offenses as criminal which carry points (go on your driving record), possible jail, probation and other and driving sanctions (suspension). Criminal traffic violations are usually, such as leaving the scene of an accident carry 6 points. They are abstracted on the driving record and permanent criminal record of the convicted party. Below is a list of the most prevalent criminal traffic violations:

  • Operating While Intoxicated – 6 points
  • Reckless Driving – 6 points
  • Leaving the scene of an accident – 6 points
  • Failed to Stop or Identify after Personal Injury Accident – 6 points
  • Fleeing and Eluding Officer – 6 points
  • Failure to Yield for Emergency Responder, 4 points
  • Drag Racing – 4 points
  • Passing a School Bus – 3 points
  • Disobeyed School Crossing Guard – 3 points
  • Driving While License Suspended – 2 points

 

Getting a local attorney to fight your criminal traffic violation is a wise investment to avoid  a criminal record and other harsh sanctions that are attached to criminal offenses.

CPL rights forfeited 3-8 years for criminal traffic violations: If you are convicted of a felony, you may not own or possess a firearm. If you are convicted of certain criminal traffic misdemeanors, you may lose your “concealed carry” rights. For example, Michigan Concealed Pistol License Requirements state that you cannot apply for a CPL if you’ve been convicted of reckless driving in the last 8 years.

Expungement is now allowed for criminal traffic violations: Under Michigan’s Clean Slate laws, criminal traffic violations and 1 drunk driving may be expunged.

Fighting vs Paying a Traffic Ticket: Cost-Benefit Analysis

A single traffic ticket will negatively affect your master driving record and be used by the insurance industry to calculate your automotive premium for the next 3-5 years. According to Gary Biller, President of the National Motorists Association, if you have another traffic violation conviction within that 3-5 year time period, your insurance rates can boost another 15-20%.

With the average cost to hire an attorney and fight a traffic ticket ranging from $250 to $400, you’d see the return on your attorney investment within the first 6 months on your automotive insurance rates. The actual cost to fight your civil infraction or criminal traffic violation depends on several factors such as whether someone was injured, whether real or personal property was damaged, your master criminal and driving record, whether the vehicle was insured, whether you were cooperative with the arresting police officer, etc.

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42550 Garfield Rd #104-A
Charter Twp of Clinton, MI 48038
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