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.
A Michigan Motion to Dismiss Traffic Citation is a legal document filed by an individual who wishes to have a traffic citation dismissed in the state of Michigan. When a person receives a traffic citation, they have the option to contest it and seek dismissal through various legal avenues, one of which is filing a motion to dismiss. Keywords: Michigan, Motion to Dismiss, Traffic Citation, legal document, contest, dismissal. There are different types of motions to dismiss a traffic citation in Michigan, depending on the specific circumstances or grounds for dismissal. Some common types include: 1. Motion to Dismiss for Lack of Probable Cause: This motion argues that the citation was issued without sufficient evidence or probable cause, thereby requesting the court to dismiss the traffic ticket. 2. Motion to Dismiss for Lack of Proper Service: This motion contends that the citation wasn't served correctly to the defendant, potentially due to procedural errors or failure to properly deliver the citation. The motion requests the court to dismiss the case based on improper service. 3. Motion to Dismiss Due to Defective Citation: This motion argues that the traffic citation itself is defective, meaning it lacks essential information or fails to meet specific legal requirements. The motion seeks the dismissal of the traffic ticket due to these deficiencies. 4. Motion to Dismiss Based on Violation of Constitutional Rights: This type of motion alleges that the defendant's constitutional rights were violated during the issuance of the citation or subsequent proceedings. It argues for dismissal based on these constitutional grounds. 5. Motion to Dismiss for Lack of Jurisdiction: This motion asserts that the court lacks jurisdiction over the traffic violation or the defendant's specific situation. It aims to have the citation dismissed on the grounds that the court does not have the authority to hear the case. Filing a motion to dismiss a traffic citation in Michigan involves drafting the appropriate legal document, following the court's procedures, and presenting valid arguments supported by evidence. It is important to consult an attorney or seek legal advice to ensure the motion is properly prepared and filed.
