citation fails to comply with michigan traffic law

[rose3329]

What is the name of your state?
Michigan
i got a ticket for not wearing a seat belt, we will forget the fact that i had my belt on and that the officer lied about having it on tape and then pretty much said it was my word against his. the ticket did not include a time and date to appear on or before on the citation and in accordance to michigan traffic law (MCL 257.743(1)) The information required on the citation must include among other things "the time at or by which the appearance should be made" my question is that since the citation fails to meet the criteria can this be thrown out by default or what ever, and do i have to go to the court to fight this or can i just forget about it.

 

[justalayman]

Just forgt about it. That way when you get your licencse revoked for FTA, you can tell them you have no idea what they are talking about.

of course you need to take care of it now. If you want to fight the ticket you will need to go to court and show them why the ticket is invalid. Other than that, they are going to take it that it is and treat it as such and treat you accordingly.

Did the ticket happen to state "you have xx amount of days to appear before the court" or sonething similar? If it does, then this is your time/date notice. You see you add that many days to the date and time you recieved the ticket and "voila`" your needed time and date.

Chances are if this is a standard ticket, this has already been tried and failed.

 

[efflandt]

Did you put your belt on after you saw the officer?

MCL 257.743(1) has to do with drivers licenses. Not sure what statute you intended, but I doubt if they are going to assign court time for a trivial matter (not "requiring" court appearance) unless or until you plead not guilty. Then you would have your day in court.

 

[justalayman]

Did you put your belt on after you saw the officer?

MCL 257.743(1) has to do with drivers licenses. Not sure what statute you intended, but I doubt if they are going to assign court time for a trivial matter (not "requiring" court appearance) unless or until you plead not guilty. Then you would have your day in court.

Not sure where you got the idea it has to do with drivers licenses ;

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949


257.742 Stopping, detaining, and issuing citation for civil infraction; pursuing, stopping, and detaining person outside village, city, township, or county; purpose; violation as to load, weight, height, length, or width of vehicle or load; powers of police officer; issuing citation to driver of motor vehicle; form of citation; informing person of alleged civil infraction; delivering copy of citation to alleged offender; issuing, serving, and processing citations for parking and standing violations; filing citation with court; “parking violation notice” and “parking violations bureau” defined.

Sec. 742.

(1) A police officer who witnesses a person violating this act or a local ordinance substantially corresponding to this act, which violation is a civil infraction, may stop the person, detain the person temporarily for purposes of making a record of vehicle check, and prepare and subscribe, as soon as possible and as completely as possible, an original and 3 copies of a written citation, which shall be a notice to appear in court for 1 or more civil infractions. If a police officer of a village, city, township, or county, or a police officer who is an authorized agent of a county road commission, witnesses a person violating this act or a local ordinance substantially corresponding to this act within that village, city, township, or county and that violation is a civil infraction, that police officer may pursue, stop, and detain the person outside the village, city, township, or county where the violation occurred for the purpose of exercising the authority and performing the duties prescribed in this section and section 749, as applicable.

MICHIGAN VEHICLE CODE (EXCERPT)
Act 300 of 1949


257.743 Contents of citation issued pursuant to § 257.742; timely appearance.

Sec. 743.

(1) A citation issued pursuant to section 742 shall contain the name of the state or political subdivision acting as plaintiff, the name and address of the person to whom the citation is issued, the civil infraction alleged, the place where the person shall appear in court, the telephone number of the court, the time at or by which the appearance shall be made, and the additional information required by this section.

(2) The citation shall inform the defendant to the effect that he or she, at or by the time specified for appearance, may:

(a) Admit responsibility for the civil infraction in person, by representation, or by mail.

(b) Admit responsibility for the civil infraction “with explanation” in person, by representation, or by mail.

(c) Deny responsibility for the civil infraction by doing either of the following:

(i) Appearing in person for an informal hearing before a district court magistrate, a referee of the recorder's court of the city of Detroit—traffic and ordinance division, or a judge, without the opportunity of being represented by an attorney.

(ii) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.

(3) The citation shall inform the defendant that if the person desires to admit responsibility “with explanation” other than by mail or to have an informal hearing or a formal hearing, the person must apply to the court in person, by mail, or by telephone, within the time specified for appearance and obtain a scheduled date and time to appear for a hearing. A hearing date may be specified on the citation.

(4) The citation shall contain a notice in boldface type that the failure of a person to appear within the time specified in the citation or at the time scheduled for a hearing or appearance will result in entry of a default judgment against the person and in the immediate suspension of the person's operator's or chauffeur's license. Timely application to the court for a hearing or return of the citation with an admission of responsibility and with full payment of applicable civil fines and costs constitute a timely appearance.

(5) If the citation is issued to a person who is operating a commercial motor vehicle, the citation shall contain a vehicle group designation and indorsement description of the vehicle, which vehicle is operated by the person at the time of the alleged civil infraction.

Feel free to correct me if I made a mistake myself in thinking the OP does have the correct statute.

 

[rose3329]

okkkkkkkkk

so once i set up an informal hearing would it be feasible to ask for the case to be thrown out based on an incommplete citation, and if that does not fly, the cop told me the ticket would be around 100 or so dollars but a little further down from the original citation that i had earlier from the michigan traffic code, there is a section that says the aximum penalty for no seatbelt is $25 including costs, so would it be a sound argument based on that to ask for the fine to be reduced to $25.

 

[justalayman]

so once i set up an informal hearing would it be feasible to ask for the case to be thrown out based on an incommplete citation, and if that does not fly, the cop told me the ticket would be around 100 or so dollars but a little further down from the original citation that i had earlier from the michigan traffic code, there is a section that says the aximum penalty for no seatbelt is $25 including costs, so would it be a sound argument based on that to ask for the fine to be reduced to $25.

Now I didn't say nor infer that the citation was incomplete. Many citations I have seen have a statement that says something to the effect that you have x amount of days to respond. I believe this could be construed as your notice of time and date.

Now I did see the section about the $25 dollars. Sounds like a reasonable request to me. I wouldn't be surprised if they haven't found a way to charge you more though. I also saw where there are no points assigned to your license for this infraction either.

 

[rose3329]

i have gone over it many times

no, i know y ou never said that it was incomplete but there is nothing on the ticket that wsays you ahve X amount of days to appear, thanks for the no points thing i missed that
what section is that under

 

[poppakeith]

What is the name of your state?
Michigan
i got a ticket for not wearing a seat belt, we will forget the fact that i had my belt on and that the officer lied about having it on tape and then pretty much said it was my word against his. the ticket did not include a time and date to appear on or before on the citation and in accordance to michigan traffic law (MCL 257.743(1)) The information required on the citation must include among other things "the time at or by which the appearance should be made" my question is that since the citation fails to meet the criteria can this be thrown out by default or what ever, and do i have to go to the court to fight this or can i just forget about it.

Rose,
Whenever it boils down to a cop's word against your own, and he is of a mind to stick to it, even if a false charge, you lose. In this instance, his failure to enter time and place for your appearance, as required by the statutes, does indicate a violation on the part of the officer, and ought to persuade the fellow his preformance is no less a departure from legal behavior than might have been your own....worse, in fact, in that the document establishes the violation you charge is not bogus. The catch is that bringing the officer's violation to his attention provides him with opportunity to put his seat belt on, before the judicial sees that he screwed up. You should have, and will likely need, a lawyer to help you serve justice. Cops have plenty of ways to serve injustice. If you "just forget about it", things have a way of getting complicated and expensive, even if you are innocent. They have to want justice, or else be forced to settle for it.

 

[badapple40]

If you've got him on tape admitting your belt is on, you need to file a motion with the court, served on the prosecutor, probably copy to the P.D., asking for the cop's in-car video camera and ask that they preserve that evidence.