Michigan Criminal Lawyer Blog
AVOID POINTS & AVOID HIGH INSURANCE COSTS BY FIGHTING EVERY TRAFFIC TICKET
Here’s why fighting every traffic ticket is a wise investment
The government is not on your side and neither is your insurance company when it comes to traffic tickets. The process to ADMIT RESPONSIBILITY for a traffic ticket is intentionally made very easy and convenient by the judicial system. On the face of the ticket, you will be given simple options to pay the ticket in person or pay on-line. In fact, according to the National Motorists Association statistics, only 5% of Americans contest their traffic tickets. However, it will will cost you far more in the long run if you fail to fight your traffic tickets. Getting a local Macomb County traffic attorney to fight for you can save you points and higher insurance premiums in every court located in every Macomb County District Court.
Here are a few disadvantages that will occur if you fail to fight your traffic tickets
- 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 how you can get a far better outcome with a local attorney that knows the system. In addition, we describe how the insurance industry uses tickets against you to raise insurance premiums for several years beyond the date of the ticket and why higher risk drivers (the young and elderly) should be especially diligent about FIGHTING EVERY TRAFFIC TICKET. 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. LINK TO ALL MACOMB COUNTY COURTS WITH CONTACT INFORMATION.
What can an attorney do for me if I get a traffic ticket?
The worst financial decision that you can make is to pay a traffic ticket without a fight. Stop worrying and relax. First of all, you are not required to appear in Court for a traffic ticket in Macomb County. You don’t have to miss work or get a baby sitter. Your lawyer can handle it on your behalf. Second of all, you are looking at getting the traffic ticket reduced which will save points and save you from getting hit with higher insurance premiums for 3-5 years!!
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 often save you from paying big $$$ money to greedy insurance corporations.
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.