Michigan - Littering - ways to reduce the charges?

[jaydubs]

Last month, I was cited for littering - throwing litter from a car, a misdemeanor under a local city ordinance. It was only a single small soda can; I tossed it out the window and there happened to be a police officer who witnessed it, pulled me over and cited me. I have already had the initial appearance; I plead Not Guilty. Is it possible, during the Pre Trial Conference which is later this month (where I am supposed to meet with the City Attorney), to plead it down to a Civil Infraction (i.e. as chargeable under MCL 324.8902, "Littering Public Property") to avoid having a misdemeanor on my record? Or are there any other ideas on how I proceed? (Ideally, I would prefer to represent myself, I have limited funds available.)

 

[quincy]

Last month, I was cited for littering - throwing litter from a car, a misdemeanor under a local city ordinance. It was only a single small soda can; I tossed it out the window and there happened to be a police officer who witnessed it, pulled me over and cited me. I have already had the initial appearance; I plead Not Guilty. Is it possible, during the Pre Trial Conference which is later this month (where I am supposed to meet with the City Attorney), to plead it down to a Civil Infraction (i.e. as chargeable under MCL 324.8902, "Littering Public Property") to avoid having a misdemeanor on my record? Or are there any other ideas on how I proceed? (Ideally, I would prefer to represent myself, I have limited funds available.)

It is possible to have a misdemeanor charge reduced or dismissed, yes. Ideally, you should have an attorney represent you.

The most likely outcome is you will get diversion - if this is your first offense.

 

[Zigner]

Last month, I was cited for littering - throwing litter from a car, a misdemeanor under a local city ordinance. It was only a single small soda can; I tossed it out the window and there happened to be a police officer who witnessed it, pulled me over and cited me. I have already had the initial appearance; I plead Not Guilty. Is it possible, during the Pre Trial Conference which is later this month (where I am supposed to meet with the City Attorney), to plead it down to a Civil Infraction (i.e. as chargeable under MCL 324.8902, "Littering Public Property") to avoid having a misdemeanor on my record? Or are there any other ideas on how I proceed? (Ideally, I would prefer to represent myself, I have limited funds available.)

That sounds like an excellent question to ask the City Attorney. Take your checkbook with you.

 

[OHRoadwarrior]

Littering charges are not based on volume per se. They are set by statute. Diversion is your best hope as previously noted.

 

[jaydubs]

Indeed, it is my first offense. I am assuming diversion refers to community service, how much community service would be typically offered?

It is possible to have a misdemeanor charge reduced or dismissed, yes. Ideally, you should have an attorney represent you.

The most likely outcome is you will get diversion - if this is your first offense.

 

[quincy]

Indeed, it is my first offense. I am assuming diversion refers to community service, how much community service would be typically offered?

Community service and fines, yes. The number of community service hours ordered can vary. Plan on at least 36 hours.

You might be assigned to cleaning up litter on the roadways in order to fulfill your diversion program terms, for example.

Once you complete all terms of the diversion program within the probationary period (often 6 months), the littering charge will be dismissed. No misdemeanor will be entered.

You can - and probably would be smart to - consult with an attorney in your area of the state. The attorney can give you a better idea of what the general terms of diversion are locally for a littering offense.

Good luck.

 

[FlyingRon]

You could be fined $50 and have to pick up the garbage. It will come back to haunt you if they reinstate the draft and you end up on the group W bench.

 

[Just Blue]

Indeed, it is my first offense. I am assuming diversion refers to community service, how much community service would be typically offered?

Oh come on! It's not the first time you did this...just the first time you were caught! Keep the trash in your car till you get to a trash can. Easy to do.

 

[quincy]

Littering on Michigan roadways can be charged as a felony under state laws if the litter tossed from a car results in an injury-causing accident.

A link to the littering law, no accident resulting: http://www.legislature.mi.gov/(S(r5ff2fx3luuesjvnwto.2b2i1p))/mileg.aspx?page=getObject&objectName=mcl-324-8905a

 

[Silverplum]

Last month, I was cited for littering - throwing litter from a car, a misdemeanor under a local city ordinance. It was only a single small soda can; I tossed it out the window and there happened to be a police officer who witnessed it, pulled me over and cited me. I have already had the initial appearance; I plead Not Guilty. Is it possible, during the Pre Trial Conference which is later this month (where I am supposed to meet with the City Attorney), to plead it down to a Civil Infraction (i.e. as chargeable under MCL 324.8902, "Littering Public Property") to avoid having a misdemeanor on my record? Or are there any other ideas on how I proceed? (Ideally, I would prefer to represent myself, I have limited funds available.)

In 2010, there were 210 million licensed drivers in the US.

http://www.statista.com/topics/1197/car-drivers/

Stop trying to minimize your responsibility. Retire all of your Save the/Green/Earth-anything t-shirts, please.

 

[jaydubs]

Followup

Follow-up in case it could assist anyone in Michigan...

I had the meeting with the city attorney today. I went pro se, deciding not to hire my own attorney.

I explained that since the charge had occurred two months prior, I had (truthfully) ensured that I responsibly threw everything away in proper receptacles, and additionally, while I go out on walks, I have picked up some trash each time I go out to help keep things that much cleaner in our town.

I was prepared to cite the state law which had different measures and penalties for different amounts of trash, whereas the city code has one penalty (misdemeanor) for everything from a cigarette butt to, say, an entire pick-up truck's worth of trash.

The city attorney did agree that there was indeed a flaw in the city code and was prepared to just cite me for impeding traffic, a minor infraction, but upon being convinced that I had truly committed myself to being responsible with trash, they decided to completely dismiss the case with a verbal warning.

Perhaps I got lucky, perhaps it helped that this was my first offense of any kind, but... thank goodness. I will continue to be committed to keeping things clean.

 

[Silverplum]

Follow-up in case it could assist anyone in Michigan...

I had the meeting with the city attorney today. I went pro se, deciding not to hire my own attorney.

I explained that since the charge had occurred two months prior, I had (truthfully) ensured that I responsibly threw everything away in proper receptacles, and additionally, while I go out on walks, I have picked up some trash each time I go out to help keep things that much cleaner in our town.

I was prepared to cite the state law which had different measures and penalties for different amounts of trash, whereas the city code has one penalty (misdemeanor) for everything from a cigarette butt to, say, an entire pick-up truck's worth of trash.

The city attorney did agree that there was indeed a flaw in the city code and was prepared to just cite me for impeding traffic, a minor infraction, but upon being convinced that I had truly committed myself to being responsible with trash, they decided to completely dismiss the case with a verbal warning.

Perhaps I got lucky, perhaps it helped that this was my first offense of any kind, but... thank goodness. I will continue to be committed to keeping things clean.

Awesome! Thanks for updating and for changing your attitude.

 

[quincy]

Follow-up in case it could assist anyone in Michigan...

I had the meeting with the city attorney today. I went pro se, deciding not to hire my own attorney.

I explained that since the charge had occurred two months prior, I had (truthfully) ensured that I responsibly threw everything away in proper receptacles, and additionally, while I go out on walks, I have picked up some trash each time I go out to help keep things that much cleaner in our town.

I was prepared to cite the state law which had different measures and penalties for different amounts of trash, whereas the city code has one penalty (misdemeanor) for everything from a cigarette butt to, say, an entire pick-up truck's worth of trash.

The city attorney did agree that there was indeed a flaw in the city code and was prepared to just cite me for impeding traffic, a minor infraction, but upon being convinced that I had truly committed myself to being responsible with trash, they decided to completely dismiss the case with a verbal warning.

Perhaps I got lucky, perhaps it helped that this was my first offense of any kind, but... thank goodness. I will continue to be committed to keeping things clean.

I think the attitude you showed when speaking with the City Attorney, and the fact that you on your own committed yourself to your own form of community service, had a lot to do with the outcome. Good for you.

Thanks for the update, jaydubs.

 

[ByronT]

Litering, was this in the City of Detroit?

Was this in the City of Detroit. This happened to me I discarded a French fry cup

 

[HighwayMan]

Was this in the City of Detroit. This happened to me I discarded a French fry cup

Use your head - this thread has been dead for almost a year. Do you think the OP is still around waiting to read your statement?