88-2 District Court Traffic Division
Civil Infraction Tickets
Civil Infraction Tickets Traffic tickets are processed by the traffic division of the District Court. Defendants may either admit responsibility and pay the fine; admit responsibility with an explanation in writing to the Magistrate, or may deny responsibility and request a hearing. The defendant may request an Informal Hearing with the Magistrate where no attorneys are allowed or a Formal Hearing before the Judge where the Prosecutor will represent the police officer and the defendant may also have an attorney. If the defendant elects to pay the ticket, payment must be made with either a money order, cash, credit/debit cards in person or through Government Payment Services within 10 days of the issuance of the ticket unless the defendant requests an extension from the Court. NO PERSONAL CHECKS OR BUSINESS CHECKS. Upon payment of the ticket, the information regarding the traffic violation is reported to the Secretary of State which then posts the ticket to the defendant's driving record and assesses the points. A driver in the State of Michigan can receive up to 12 points within two years before having his driving privileges suspended by the Secretary of State. Admitting responsibility with an explanation must be presented in writing to the Magistrate. Upon receipt of the explanation, the Magistrate will make a determination of the appropriate disposition or set the matter for an Informal Hearing. The Magistrate may adjust the fine but has no authority over the assessing of points.
Hearings
An Informal Hearing consists of the Magistrate, the defendant and the police officer who issued the ticket. Attorneys are not allowed to participate in an informal hearing. On the date of the hearing, the defendant may elect to admit responsibility or admit responsibility with an explanation or request a full hearing. If a full hearing is requested, all parties are placed under oath, and testimony is taken by the Magistrate. The burden of proving the defendant responsible is on the police officer who is also called the Plaintiff. The Plaintiff must prove by a preponderance of the evidence, or it is more likely than not that the defendant is responsible for the alleged traffic violation. The defendant is also entitled to testify, including having witnesses testify on his behalf. At the conclusion of the hearing, the Magistrate will make a determination of responsible or not responsible. If either party is not satisfied with the outcome, the case may be appealed within seven days of the hearing to a Formal Hearing before a District Judge. If the decision is appealed by the Defendant, a bond must be posted in the amount of the fine. At the Formal Hearing, the defendant may be represented by an attorney, and the Prosecutor will represent the Plaintiff's case.
Default Judgments
If a denial of responsibility is not made within ten (10) days of the issuance of the ticket or if the defendant fails to appear for a scheduled hearing, a Default Judgment is entered. Once a Default Judgment is entered, the Defendant may file a motion to set aside the Default Judgment. Such a motion must be filed within fourteen (14) days of the date the Court notifies the Defendant of the Default. At the time of filing, the Defendant must post the amount of the fines and costs assessed by the Default as a bond. If the District Court Judge grants the motion, a hearing will be scheduled. If the Judge denies the motion, the money that has been posted will be applied to the ticket and the case will be closed.
Credit Card Payments
Credit and debit cards accepted in the District Court Office or by contacting Government Payment Service at 1-888-604-7888 (twenty-four (24) hours) or at their website.
Please have the citation or case number available when making a payment.
The following basic information is needed when completing a payment:
- Pay location Code: 1496
- Date of Issue
- Case/Ticket Number
- Driver's License Number
- License Plate Number
- Offense
- Date of Birth
- The Amount Owed
- A Valid Credit Card (American Express, Discover, MasterCard or Visa)
Government Payment Services (GPS) is an independent company that charges a fee for its services. The court receives no part of that fee.
Municipal Civil Infractions
Many municipalities have followed the Michigan Legislature in creating municipal civil infractions. These are violations of municipal ordinances that were once criminal misdemeanors and have been decriminalized to civil infractions. They have civil penalties, not criminal.
The municipalities have then created violation bureaus that process the civil infraction notices. However, if a notice is not answered, a civil infraction ticket is issued, and the matter is forwarded to the Court.
A person who receives a municipal civil infraction must answer the ticket either by admitting responsibility, admitting responsibility with an explanation or by denying responsibility and requesting an informal or formal hearing. If the infraction is denied, an informal hearing is scheduled by the Court. If the infraction is admitted or admitted with explanation, the Court will impose a fine.
These infractions also allow either party (Plaintiff or Defendant) to request a formal hearing before the Judge. The Judge may impose both monetary and/or equitable sanctions, such as orders to dispose of junk vehicles from the property within a prescribed period of time. If a citizen receiving such a ticket does not answer the citation, the Court will enter a default judgment, and the municipality may then pursue its legal remedies as if this were a regular civil case. Also, if a judgment is entered in favor of the municipality where the infraction involves the use of land, and if the judgment is not paid, the municipality may record the judgment as a lien against the land.
If you require special accommodations to use the court because of disabilities, please contact the court immediately to make arrangements.
Friday, October 9, 2009 6:11 PM