Traffic Violations in Michigan

There are specific laws that guide and regulate the behavior of road users. When a motorist or other road users like a motorcyclist, cyclist, or pedestrian fails to keep to these rules, the person commits a traffic violation or offense. Traffic violations can lead to accidents, injuries, and in some cases, death.

In Michigan, some traffic violations are civil, while others are misdemeanors or felonies. The least serious of these crimes is a civil infraction because it can only result in a fine. On the flip side, a misdemeanor or felony traffic conviction in Michigan can result in jail time. Depending on the kind of traffic offense, the penalties that a driver will face may vary. Common penalties for traffic offenses include fines, driver’s license suspension, and terms of imprisonment. These different classes of violations may also result in assessing points on a person’s driving record.

When a defaulting driver is pulled over by law enforcement, the officer may issue the driver a ticket. Most traffic tickets in Michigan are issued for strict liability offenses. A strict liability offense implies no need to prove criminal intent, as the only proof required is that the person committed the prohibited act. Examples of strict liability offenses are speeding, turning into the wrong lane, driving a car with bad headlights, etc.

Sometimes, the traffic ticket will be mailed to the defaulting driver, like red light tickets and parking tickets. However a motorist learns of a traffic violation in Michigan, the person will have to address the issue in court or at a parking agency if it is a parking ticket.

Types of Traffic Violations in Michigan

In Michigan, a category of traffic violations exists that considers the motion of a vehicle, i.e., whether the vehicle was moving or not when the violation occurred. Thus, a Michigan motorist may be accused of a moving or non-moving traffic violation.

Michigan moving traffic violations: Moving violations in Michigan occur when a traffic law is violated by a vehicle in motion. Common examples of moving violations in Michigan are speeding, running a stop sign or red light, drunk driving, etc.

Michigan non-moving traffic violations: Non-moving violations typically occur when a vehicle is not in motion. It is often due to a piece of faulty equipment or related to parking. However, some non-moving violations occur when a vehicle is moving. A few examples of this are, driving without a seatbelt, driving while talking on a cell phone, inattentive driving, etc. Other offenses that qualify as non-moving violations under the Michigan Offense Code Index for traffic violations include:

Altering a Michigan driver’s license
Giving false certification under the vehicle code
Having three or more unpaid parking tickets
Violating ignition interlock device provisions
Removing an IID without proper authorization

What differentiates moving and non-moving traffic violations in Michigan is how they are treated by the courts and the Michigan Department of Licensing (DOL). In reality, non-moving violations are not placed on a driver’s record, while moving violations appear on a driver’s record, regardless of the number of points attributed to the particular offense. For instance, if a traffic ticket has zero points, it will still appear on a driver’s record.

Based on the Michigan point system, each traffic violation has a point value, as set by the law in the Michigan Vehicle Code. These points are placed on a driver’s record only after being found guilty and convicted of a traffic offense. A break down of the Michigan point system reveals the offenses that fall under different points, including:

6-point Traffic Violations: Traffic convictions that attract six points on a person’s driving record include:

Negligent homicide, manslaughter, or other felonies that involve the use of a car
Driving a motor vehicle in Michigan while under the influence of drugs or liquor
Refusing to take a chemical test
Running away from the police
Having a body alcohol content of 0.08 or more

4-point Traffic Violations: Traffic convictions in this category include:

Operating a motor vehicle while visibly impaired
Failing to show due caution for emergency vehicles
Involving in drag racing
Driving with any bodily alcohol content, where the driver is below 21

3-point Traffic Violations: Traffic violations in Michigan that attract 3 points include:

Improper passing or disobeying a traffic signal or stop sign
Driving over the legal speed limit
Failing to stop at a railroad crossing
Disregarding a school crossing guard or failing to stop for a school bus
Driving carelessly

2-point Traffic Violations: Examples of traffic violations in this category are:

Refusing to take a mandatory Preliminary Breath Test (PBT) by a driver below 21
Having an open alcohol container in a vehicle
All other moving violations of Michigan traffic laws

The presence of points on a driver’s record may lead to hefty insurance premiums, cancellation of insurance policies, driving privilege suspensions or revocations, the loss of job and job opportunities.

Michigan Traffic Violation Code

The Michigan Vehicle Code (Act 300 of the Michigan Public Acts 1949; Chapter 257 of the Michigan Compiled Laws) comprises the state’s traffic laws. It governs the registration, possession, and operation of vehicles on Michigan roads and highways. Also, it establishes the penalties and financial liabilities due to motorists and other road users that commit traffic violations.

Michigan Felony Traffic Violations

A felony traffic offense in Michigan is punishable by a minimum of a year in state prison. It is the worst and most serious classification of criminal offenses that a person may commit, and it attracts steep fines. Some examples of these violations are:

Forging a vehicle registration or license plate
Having a stolen license plate in one's possession
A hit-and-run incident that causes injury or death
A second-time conviction for child endangerment
Operating While Impaired (OWI), leading to death or serious injury
A third OWI conviction
Presenting false insurance information

Whether or not a motorist is charged with a felony depends on the circumstances of the incident. The decision to charge a traffic offense as a felony lies with the prosecuting attorney. An exhaustive list of all traffic offenses that may amount to felonies is available in the Michigan Offense Code Index.

Michigan Traffic Misdemeanors

A Michigan misdemeanor traffic offense results in a fine and/or a jail sentence of up to a year. Motorists that are convicted for these offenses will spend time in a Michigan county jail. Examples of misdemeanor traffic offenses in Michigan include:

Committing a DUI/OWI in Michigan
Racing or drag racing
Hit and run

It is important to know that some of the offenses listed above may also be prosecuted as felonies, depending on the facts of the case. Crimes that may be charged as misdemeanors or felonies are typically referred to as "wobblers".

As legislation continues to evolve, misdemeanor traffic offenses are on the rise. Of recent, Michigan adopted and incorporated new misdemeanor traffic offenses. For example, under section 257.312a of the Michigan Compiled Laws, operating a motorcycle on a highway that is open to a motor vehicle without proper motorcycle certification or endorsement is a traffic misdemeanor.

Also, under section 750.377d of the Michigan Compiled Laws, it is a traffic misdemeanor to willfully and maliciously damage, destroy, or tamper with a traffic control device. For this offense, a person who is found guilty by the court faces a 93-day misdemeanor, and a second violation will lead to a 180-day misdemeanor.

Michigan Traffic Infractions

Traffic infractions in Michigan operate as minor, non-criminal offenses. As a result, motorists ticketed for these infractions only incur penalties like fines, community service, traffic school, but no jail time. In practice, the fines assessed for infractions of this nature are considerably smaller than those for felonies and misdemeanors. Examples of traffic infractions in Michigan include:

Speeding
Jaywalking
Running a red light
Driving without a seat belt

Michigan Traffic Violation Codes and Fines

Michigan motorists and road users typically get citations for different traffic offenses. These traffic offenses often come with a fine penalty and, sometimes, additional fees. Generally, the kind of violation determines how much fines a motorist will pay.

According to section 257.901 of the Michigan Compiled Laws, a person who committed a misdemeanor traffic violation shall pay a maximum of $100 in fines. Section 257.902 further provides that felony traffic violations shall attract a minimum fine of $500 and a maximum of $5000.

Michigan courts then have the discretion to issue fines. For instance, the 3-A District Court in Branch County fines motorists $115 for speeding 1-5 MPH over, $165 for disregarding a stop sign or traffic signal, $190 for an expired driver’s license, etc. The court publishes a schedule for traffic violations and fines for interested persons to access.

How to Pay a Traffic Violation Ticket in Michigan

By paying a traffic violation ticket in Michigan, a motorist admits to committing the offense. As a result, the motorist cannot challenge the traffic ticket in court. Depending on the person’s driving record, the Department of Licensing (DOL) may also suspend the person’s driver’s license.

The procedure for paying traffic tickets in Michigan depends on the court in question. Some courts in Michigan belong to a unified Online Ticket Payment System that allows users to pay for traffic and non-traffic tickets with Visa, Mastercard, or Discover.

However, not every court is on the system yet. Some counties provide separate payment channels for affected defaulters. For instance, the 3-A District Court in Branch County, Michigan, has a different payment model. The court allows for payments in person, by mail, online, or on the phone. The court accepts checks, cash, or money order for in-person payments. Interested persons may also pay by mail to 3-A District Court, 31 Division St, Coldwater, MI 49036. There is also a guideline on the court’s website for online and phone payments.

Alternatively, a motorist that is guilty of a traffic violation may request a mitigation hearing. The effect of a successful hearing is that instead of paying the full original ticket fine, the motorist may be allowed a fine reduction, a monthly payment plan, or community service. The traffic ticket contains details on how to request this hearing, and the judge’s decision in a mitigation hearing cannot be appealed.

Traffic Violation Lookup in Michigan

Ticketed motorists in Michigan can look up traffic violations cases and tickets online. The Michigan judiciary has an ePAY service that allows for ticket/case search. Interested persons may carry out a search using any of the following variations:

Last Name and Date of Birth
Last name and Ticket or Case Number
Driver’s License Number
License Plate Number

How to Plead not Guilty to a Traffic Violation in Michigan

A motorist who is cited for a traffic violation in Michigan has the right to contest the charge and plead “Not guilty”. There are two ways of doing this, by requesting a formal or informal hearing. A formal hearing happens before a judge, while an informal hearing occurs before a magistrate. In both cases, the officer that issued the ticket will be subpoenaed for the hearing.

Then, the officer will have to present the facts of the case before the judge. In an informal hearing, both parties are not allowed to have an attorney present for the hearing. In the case of a formal hearing, the applicant may have an attorney present and will make a case before a judge. The judge or magistrate will then determine the matter based on the presented evidence.

Fighting a ticket would save a motorist from too many driver’s license points or higher insurance premiums.

What Happens if You Plead No Contest a Traffic Violation in Michigan

A plea of no contest essentially means that the motorist does not admit or deny committing the alleged traffic violation. Although it is not an admission of guilt, it has the same effect as a guilty plea under section 767.37 of the Michigan Compiled Laws. As a result, the motorist will be subject to the same fines and penalties as they would if convicted.

For instance, if a motorist pleads guilty to a first offense OWI, the person can spend up to 93 days in jail, a fine of up to $500, get a suspended license for 30 days, among others. The difference between a guilty plea and a plea of no contest boils down to the conviction’s effect on subsequent legal actions.

For example, if a victim injured in the OWI tries to bring a lawsuit against the offending motorist, a conviction arising from a plea of no contest cannot be used as evidence of negligence in the civil case. However, if the motorist pleads guilty and is convicted, the conviction can be used against them in a personal injury suit or other civil action filed by the injured victim.

How Long Do Traffic Violations Stay on Your Record?

Under Michigan state law, traffic violation points may remain on a motorist’s driving records for two years. According to the Office of the Secretary of State, tickets remain on the person’s record for a minimum of seven years, depending on the type of license and ticket received. However, alcohol and controlled substance-related driving convictions remain on file for life.

Can Traffic Violations Be Expunged/Sealed in Michigan?

Before now, it was impossible to expunge or seal many traffic violation convictions in Michigan. However, in 2020, the Michigan Expungement statute, otherwise called the Set Aside Conviction statute, MCL 780.621, was amended to allow traffic misdemeanor convictions to be set aside or expunged.

Under this new law, most traffic misdemeanor and felony convictions can be set aside if they meet the criteria. Drunk driving offenses (DUI, OWI) and any traffic offense resulting in physical harm or injury are excluded. Even if the convict expunges the conviction from their criminal record, the entry will remain on the person’s driving record.

An expungement will remove the conviction from a person’s criminal record and allow the person to live a normal life. The conviction will also not show up on a background check, and the convict will not need to answer “yes,” when asked about prior convictions on school and job applications.

What Happens if You Miss a Court Date for a Traffic Violation in Michigan?

Missing a traffic court date in Michigan is an offense called “Failure to Appear”. Local courts may notify the Michigan Department of State to suspend the driver’s license of persons who fail to respond to a traffic citation or comply with the court’s judgment. The Department of State will first notify the person of the suspended license, pending when the matter is resolved.

After this, the individual may visit the appropriate court to settle the traffic citation. If the situation is settled, the court will issue the person with a clearance. Upon receiving clearance from the court, the person may visit a local branch office to receive a termination statement.

The court may further issue an arrest or bench warrant in order to bring the person to court. If arrested, the person may spend time in jail until the judge has time to arraign them. At the arraignment, the judge will determine whether to let the person out on bail or bond, depending on whether they are a flight risk or not.