Michigan Motion to Dismiss Traffic Citation

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Multi-State
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US-03341BG
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Description

It is important to understand exactly what the prosecutor will have to prove should you take the ticket to trial. You can start by looking up the citation statute or ordinance number located on the face of your ticket. Every traffic infraction can be broken down into what lawyers call elements: things that must all be proven in order for a judge to find you guilty. Two elements are:


" Where you were ticketed; and
" Your unlawful action, such as going 50 MPH in a 30 MPH zone.


The prosecution will have to prove each element of the infraction.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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FAQ

A motion must be made in writing, (unless made during a hearing or at trial), and must set forth with particularity the grounds on which it is brought, and the relief or order sought. FRCP 7(b)(1).

A Civil Infraction is not a criminal offense. There is no right to a court appointed attorney or a jury trial. If a judgment is entered against you, you will only be assessed a monetary penalty plus costs: MAXIMUM $100 fine, $100 court costs, and required $40 state fee.

Some drivers have the option to take a Michigan Basic Driver Improvement Course (BDIC) to remove the points from your record, but it is at the court's discretion, and you may only take the course once in your lifetime.

If you want to plead ?not guilty" to the violation, you can request a contested hearing at the relevant county court by checking the appropriate check box on your ticket and then mailing it in to the court. You can also contest it right on your phone by using the Off The Record app.

Penalties. In most states, a traffic infraction can't result in jail time. Potential penalties generally include a fine, traffic school, and demerit points on the motorist's driving record. Accumulating a certain number of points can result in increased insurance premiums and license suspension.

Penalties for Not Paying a Fine in Michigan Within 14 days of this notice, if the fine has still not been paid, the defendant's driver's license will be suspended. A driver's license suspension that arises after a person fails to pay a fine will remain in effect until: The fine has been paid.

Each traffic violation has a point value, which is set by law in the Michigan Vehicle Code. Points are placed on your driving record only after you have been convicted of a moving violation. Points placed on your driving record remain there for two years from the date of conviction.

11 - 15 m.p.h. over the speed limit: $140 fine and 3 points added. 16 - 20 m.p.h. over the speed limit: $150 fine and 4 points added. 21 - 25 m.p.h. over the speed limit: $160 fine and 4 points added. 26 - 30 m.p.h. over the speed limit: $170 fine and 4 points added.

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Michigan Motion to Dismiss Traffic Citation