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What is a civil infraction in michigan?

Civil infractions are non-criminal violations of the law that carry fines and other penalties but do not result in jail time.

In Michigan, civil infractions cover a wide range of offenses, including traffic violations, parking tickets, and other minor offenses. Understanding the nature of civil infractions and the penalties associated with them is essential for anyone who has been ticketed or accused of a violation.

This article will provide an overview of civil infractions in Michigan, including the types of offenses they cover, the differences between civil and criminal infractions, and the penalties associated with these violations. We will also discuss the options for defending against civil infractions, paying fines, and expunging past offenses from your record.

Introduction to Civil Infractions in Michigan

What is a Civil Infraction?

A civil infraction is a non-criminal offense that is punishable by a fine or other penalty. Civil infractions are typically less severe than criminal offenses, but they still carry consequences. Civil infractions can be committed anywhere in Michigan, including on the road, in public places, and in private residences.

Examples of Civil Infractions

Examples of civil infractions include traffic violations such as running a red light, speeding, or failing to wear a seatbelt. Non-traffic infractions can include littering, noise violations, and ordinance violations.

Types of Civil Infractions

Traffic Infractions

Traffic infractions are the most common type of civil infraction in Michigan.

They can include minor offenses such as failure to signal or more serious offenses such as reckless driving. Traffic infractions can result in points on your driver’s license, which can lead to license suspension or revocation.

Non-Traffic Infractions

Non-traffic infractions can include violations of local ordinances, such as noise violations, littering, and property maintenance violations. These types of infractions can also result in fines or community service.

Differences Between Civil and Criminal Infractions

Definition and Scope

The main difference between civil and criminal infractions is the severity of the offense.

Criminal infractions are more serious and can result in jail time, while civil infractions are less severe and usually only involve a fine or other penalty.

Criminal infractions also require a higher burden of proof and have more extensive legal procedures.

Consequences and Penalties

The penalties for civil infractions are typically less severe than those for criminal infractions.

Civil infractions can result in fines, community service, and other penalties, but they do not result in incarceration.

Criminal infractions, on the other hand, can result in probation, fines, and prison time.

Penalties for Civil Infractions in Michigan

Fines and Court Costs

The fines for civil infractions in Michigan can vary depending on the offense. In addition to the fine, court costs may also be assessed. These costs can include fees for court administration, jury fees, and other expenses related to the case.

Other Consequences

In addition to fines and court costs, civil infractions can also have other consequences. Traffic infractions can result in points on your driver’s license, which can lead to license suspension or revocation. Non-traffic infractions can also impact your job opportunities, as some employers may not hire individuals with a history of civil infractions.

Defending Against Civil Infractions

Being issued a civil infraction doesn’t always mean you’re guilty. You have the option to contest the infraction and present your case to a magistrate or judge. To contest the infraction, you’ll need to request a hearing within 14 days of receiving the citation.

Contesting a Civil Infraction

During the hearing, the prosecution must prove that you committed the infraction beyond a reasonable doubt. You’ll have the opportunity to present evidence and witnesses to support your case. It’s essential to have a clear and concise argument and provide evidence that supports your version of events.

Representing Yourself vs. Hiring an Attorney

While it’s possible to represent yourself, many defendants opt to hire an attorney to represent them during the hearing. An attorney can provide legal advice, prepare a statement, and help present evidence. However, hiring an attorney can be expensive, and it’s up to you to decide whether it’s worth the investment.

Paying Fines and Resolving Civil Infractions

If you’re found guilty of a civil infraction or choose to plead guilty, you’ll need to pay a fine. Fines can vary depending on the infraction’s severity, and the amount can be found on the ticket or citation.

Payment Options

Michigan offers several payment options, including online, mail, and in-person payments. You can also request a payment plan if you cannot afford to pay the fine all at once.

Deadlines and Consequences of Non-Payment

It’s crucial to pay your fine by the due date indicated on the citation. If you fail to pay the fine, your driver’s license can be suspended, and a warrant can be issued for your arrest. You’ll also incur additional fees and penalties.

Expungement of Civil Infractions

In Michigan, it’s possible to expunge some civil infractions from your record.

Expungement eliminates or seals a criminal or civil offense from your record, making it inaccessible to the public.

Eligibility Criteria

To be eligible for expungement, you must have only one civil infraction on your record, and it must be at least two years old. Additionally, you cannot have any felony or misdemeanor criminal convictions on your record.

Process and Benefits

The expungement process involves filing a petition with the court and paying a fee. If approved, the infraction will no longer appear on your public record, and you’ll no longer have to disclose it on job applications or background checks.

Conclusion and Final Thoughts on Civil Infractions in Michigan

Key Takeaways

– Civil infractions are non-criminal offenses punishable by fines in Michigan.
– Defendants have the option to contest the infraction and present their case to a magistrate or judge.
– Payment options include online, mail, and in-person payments, and failure to pay can result in additional fees and penalties.
– Michigan allows some civil infractions to be expunged from the offender’s record.

Additional Resources

If you need further information or assistance regarding civil infractions in Michigan, consult the Michigan Courts website or speak with an attorney.In conclusion, civil infractions are a common occurrence in Michigan’s legal system, and it is important to understand their nature and consequences. Whether you are contesting a ticket, paying a fine, or seeking to expunge a past offense, it is vital to approach the process with a clear understanding of your rights and options. By leveraging the information and resources provided in this article, you can navigate the civil infraction process with greater confidence and achieve the best possible outcome for your situation.

FAQ

What happens if I ignore a civil infraction citation in Michigan?

Ignoring a civil infraction citation in Michigan can result in additional penalties, such as late fees, driver’s license suspension, and even a bench warrant for your arrest. It is essential to address the citation promptly by either paying the fine or contesting the infraction in court.

How can I contest a civil infraction in Michigan?

To contest a civil infraction in Michigan, you must appear in court on the scheduled hearing date and present your case to the judge. You may choose to represent yourself or hire an attorney to assist with your defense. It is essential to provide compelling evidence that the infraction did not occur or that you were not responsible for the violation.

Can I expunge a civil infraction from my record in Michigan?

Yes, certain types of civil infractions, such as traffic violations, can be expunged from your record in Michigan. To be eligible for expungement, you must meet specific criteria, such as completing a waiting period and not having any subsequent convictions. You can file a petition for expungement with the court where the infraction was issued.

How can I pay a civil infraction fine in Michigan?

You can pay a civil infraction fine in Michigan by mail, online, or in person at the court that issued the citation. Payment options may include credit card, check, or money order. It is vital to adhere to the payment deadlines and ensure that your payment is received and processed to avoid additional penalties or consequences.

What is a civil infraction in Michigan?

Featured AttorneyMichael Komorn