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Rescheduling a hearing in MI

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mringnal

Junior Member
What is the name of your state? Michigan
I received a citation for disregarding a red light in Michigan. I denied responsibility and the court scheduled an informal hearing. I received a notice to appear in the mail well before the hearing, but received a phone call from the court 2 days before the hearing to reschedule. The officer was unable to be there. The date was rescheduled for a later date, at a time I was unavailable due to a work meeting. The court rescheduled it for me, unfortunately, I have another work conflict at that time as well. When I asked them to reschedule again, they said they can only do it once, and they are standing by that claim. The clerk told me that the magistrate does not allow her to reschedule it more than one time. This is a serious inconvenience for me, and I just want to know if the court is behaving appropriately before I pay the fine and take the 3 points on my license. I do have a binder full of evidence to present at court which I think will excuse me, so this is just a really frustrating situation. Is the magistrate's word that the court will only extend the date one time for me valid? Or do I just have to push hard to get my way?
 


mringnal

Junior Member
I don't think that's the issue...

racer72 said:
Who's schedule do you think the judge will think is more important?
Evidence indicates that the magistrate does not think my schedule is that "important" because I got the call from the court that the hearing was rescheduled just 2 days before the hearing because the officer couldn't make it. I've since found that Michigan law indicates the officer's appearance can't be waived unless there's an emergency. (Michigan Court Rules Rule4.101)
(C) Appearance by Police Officer at Informal Hearing.

(1) If a defendant requests an informal hearing, the court shall schedule an informal hearing and notify the police officer who issued the citation to appear at the informal hearing.

(2) The attendance of the officer at the hearing may not be waived

Except when the court is notified before the commencement of a hearing of an emergency preventing an on-duty officer from appearing, failure of the police officer to appear as required by this rule shall result in a dismissal of the case without prejudice


Anyway, my initial question remains...Are there limits on what this magistrate can/can't do? What's to stop him from saying he can't reschedule at my request even one time?
 

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