Littering Charge need some advice

[jmyers21]

I live in Michigan and I have just received a ticket for littering from a motor vehicle. I am 21 years old and I have prior convictions which consist of 4 MIPS (Ages 16,17,19,20), 1 OWI (19), and one retail fraud when i was 14 years old. I also received a probation violation when I was on probation for my OWI which is one of those MIPS. I was wondering what am I looking at as far as fines and possible jail time. I am not on probation or anything now and I am attending college in Mt Pleasant, MI at CMU with a GPA OF 3.6. I am in summer classes right now and am signed up for classes in the Fall

 

[davew128]

Throw trash in a proper receptacle like the rest of us.

 

[quincy]

If you were charged under MCL 324.8903, causing litter or an object to fall or be thrown into the path of or to hit a vehicle, you are looking at another misdemeanor on your record and a possible jail sentence of up to a year and a possible fine up to $500. Because of your history, the judge may look seriously at sentencing you to the maximum allowed under this law.

You would be wise to consult with a really really good attorney.

 

[FlyingRon]

...and prepare to spend some time on the Group W bench if you ever get drafted.

 

[jmyers21]

The charge was littering from a motor vehicle.

 

[HighwayMan]

You said that already. What section of the law were you charged with violating?

 

[quincy]

Jmyers, MCL 324.8903 IS the statute that deals with littering from a motor vehicle. What exactly does your ticket say on it?

 

[donkort]

It's important that you know the statute you were charged under. If it was 324.8905a, then you were charged with a "civil infraction," with the maximum fine being $800. If it was 324.8903, then it's a misdemeanor.

 

[quincy]

The civil infraction you cite, donkort, is not littering from a motor vehicle, although I agree that knowing the statute number jmyers was ticketed under would be helpful.

The maximum fine under MCL 324.8905a would depend on the amount of litter disposed of, too, by the way. A fine of more than $800 is possible if the litter is greater than 1 cubic foot in volume.

It is possible, I suppose, that the charge could be reduced to a civil infraction, but with jmyer's history that may be iffy at best - which is why he should be consulting with a really good attorney. Otherwise, he will probably not be attending his classes in the fall.

 

[jmyers21]

I just found out that it is just littering and i have to appear in front of a magistrate and not a judge. Is this better or should I still be thinking about fighting it so I dont go to jail? If possible Ill just pay the fine and be done but I dont know with my record what they are going to do.

 

[Zigner]

I just found out that it is just littering and i have to appear in front of a magistrate and not a judge. Is this better or should I still be thinking about fighting it so I dont go to jail? If possible Ill just pay the fine and be done but I dont know with my record what they are going to do.

WHAT WERE YOU CHARGED WITH? Yeesh!

 

[jmyers21]

I was charged with littering from a motor vehicle into the path of another vehicle . It was a firecracker on the 4th of july

 

[InsaneJane]

Well, that could turn out to be a very expensive fire cracker.

 

[cyjeff]

Let me try.

What was the charge... the numbers on your ticket?

Repeating the same statement over and over doesn't help us help you.

 

[donkort]

That's not very good--a firecracker--very dangerous, especially from a moving vehicle! Frankly, you're lucky you weren't charged with reckless endangerment. You're also lucky the firecracker didn't go off in the other vehicle--that's reckless assault. If there's actually anybody injured, it could turn into felony assault.