The Important Differences in Traffic Tickets Hearings

The Important Differences in Traffic Tickets Hearings

Traffic ticket convictions can have a bigger impact than you might think. Excessive convictions oftentimes lead to losing your privilege to drive. What's more, convictions can increase your vehicle insurance premiums. This article discusses fundamental information about traffic ticket hearings in Michigan and most states.

Civil vs. Criminal Infractions

Nearly all traffic tickets are classified as civil infractions and not regarded as criminal infractions. For example, a speeding ticket is a civil infraction, while a drunk driving ticket is a criminal offense. If you are reported for a civil infraction, you are eligible to a hearing in the District Court to fight it. You don't have the right to a trial by jury. Rather, you have a right to a hearing before a judge or magistrate.

The First Type of Civil Hearing

For civil infractions, there are 2 different kinds of hearings. One type of hearing is referred to as an informal hearing. This grants you a hearing before a magistrate or judge. The police officer must appear. Attorneys and prosecutors do not work on informal hearings. A judge or magistrate will render a decision. If the decision is undesirable, you may appeal the decision.

The Second Type of Civil Hearing

The 2nd type of hearing available is known as a formal hearing. A formal hearing is held before a Judge. At a formal hearing, prosecutors and defense lawyers may appear. The prosecutor will speak for the interests of the city which wrote the traffic ticket. A lawyer is allowed to represent the defendant.

Essentially, a formal hearing is very equivalent to a trial. The prosecutor will typically call the police officer to offer testimony and will call any witnesses in order to try to confirm that you are responsible for the traffic ticket. When the prosecution has finished, the defendant proceeds. The defendant will then have the chance to testify and call any witnesses. After the testimony, both the prosecutor and the defendant can present closing arguments and then, the judge will render his or her decision as to whether or not you are responsible for the traffic ticket. If you are found accountable, you have the right to appeal.

Legal Disclaimer: The information you obtain in this article is not, nor is it intended to be, legal advice nor the creation of an attorney-client relationship. Please consult a Michigan traffic attorney for advice concerning your personal situation.

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