appeal of civil infraction in michigan

[screwdinmich]

I am in michigan and was convicted of a speeding violation (5 over) a week ago. I was the victim of a kangaroo court judge who totally ignored my case where i proved i was not guilty. Anyway, I am considering appealing it. I called the court and they said I had to pay for the transcript of the first trial and submit it with my appeal. Well it turns out it is $100 per hour of transcribing, and my trial lasted 1 hour and 37 minutes. That means I have to pay about $150 just to file my appeal (if they gave me correct information) to fight a $90 fine. My question is, are they correct about the transcription requirement, that it is required to file it with the appeal? Seems like possibly a ploy to discourage me from fighting it. I want to appeal in the worst way because I was screwd, but $150, plus 200 mile round trip, and another day off work is discouraging, especially considering the appeals court judge (circuit court) might be as bad as the district court judge. Can you give me a reference to go to to find out exactly what the rules are for the appeal of a civil infraction decision from a district court in Michigan?

 

[seniorjudge]

I am in michigan and was convicted of a speeding violation (5 over) a week ago. I was the victim of a kangaroo court judge who totally ignored my case where i proved i was not guilty. Anyway, I am considering appealing it. I called the court and they said I had to pay for the transcript of the first trial and submit it with my appeal. Well it turns out it is $100 per hour of transcribing, and my trial lasted 1 hour and 37 minutes. That means I have to pay about $150 just to file my appeal (if they gave me correct information) to fight a $90 fine. My question is, are they correct about the transcription requirement, that it is required to file it with the appeal? Seems like possibly a ploy to discourage me from fighting it. I want to appeal in the worst way because I was screwd, but $150, plus 200 mile round trip, and another day off work is discouraging, especially considering the appeals court judge (circuit court) might be as bad as the district court judge. Can you give me a reference to go to to find out exactly what the rules are for the appeal of a civil infraction decision from a district court in Michigan?

Q: My question is, are they correct about the transcription requirement, that it is required to file it with the appeal?

A: Yes; how else will the higher court know what went on in the lower court?


Q: Can you give me a reference to go to to find out exactly what the rules are for the appeal of a civil infraction decision from a district court in Michigan?

http://www.courts.michigan.gov/scao/courtforms/civilinfractions/ciindex.htm

 

[screwdinmich]

OK, but why do i bear the entire cost

thanks for the quick reply seniorjudge. but why do i have to bear the entire cost of the transcribing. the state needs to have the transcript too, correct? will the appeal be simply a review of the facts of the first case or a new trial (basically the same process over again). if it is the latter which is basically a retrial, then what does it matter about the first trial? thanks again.

 

[seniorjudge]

thanks for the quick reply seniorjudge. but why do i have to bear the entire cost of the transcribing. the state needs to have the transcript too, correct? will the appeal be simply a review of the facts of the first case or a new trial (basically the same process over again). if it is the latter which is basically a retrial, then what does it matter about the first trial? thanks again.

Q: but why do i have to bear the entire cost of the transcribing.

A: You are the one who wants it. You must have it when you appeal. If you win, you will get the dough back.


Q: will the appeal be simply a review of the facts of the first case or a new trial (basically the same process over again). if it is the latter which is basically a retrial, then what does it matter about the first trial?

A: That I don't know. A true appeal is a search for errors by the trial court judge. If the trial court judge made an error, the case could get reversed or you could get a new trial. A trial de novo means you start all over again with a brand new trial just like the first one never happened.

This seems to say that it is a trial de novo. If that is true, I cannot tell you why they need a transcript.

http://www.motorists.com/mi/ticket.html

 

[poppakeith]

I am in michigan and was convicted of a speeding violation (5 over) a week ago. I was the victim of a kangaroo court judge who totally ignored my case where i proved i was not guilty. Anyway, I am considering appealing it. I called the court and they said I had to pay for the transcript of the first trial and submit it with my appeal. Well it turns out it is $100 per hour of transcribing, and my trial lasted 1 hour and 37 minutes. That means I have to pay about $150 just to file my appeal (if they gave me correct information) to fight a $90 fine. My question is, are they correct about the transcription requirement, that it is required to file it with the appeal? Seems like possibly a ploy to discourage me from fighting it. I want to appeal in the worst way because I was screwd, but $150, plus 200 mile round trip, and another day off work is discouraging, especially considering the appeals court judge (circuit court) might be as bad as the district court judge. Can you give me a reference to go to to find out exactly what the rules are for the appeal of a civil infraction decision from a district court in Michigan?

A screwinmich cost you $10 more than the one I got from New Mexico. Gettin unscrewed is always more costly and time-consuming....and is certainly a long way from a sure thing. Even so, if you can afford it, and have what it takes to fight city hall, it will benefit others in the long run. I have found that the jaded establishment, those involved with simple traffic stuff, are not much concerned with anything beyond proceedure and cutting corners, and almost not at all about the frequent injustices done....largely because nobody objects like they do in more dire matters. The refusal of a judge to hear the whole of a case is the most common failing. If you can change that attitude just a little, we all benefit. Good luck....and tell us what happens.