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Ticket for wrong address/ former military

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itsjsb

Junior Member
Michigan

im sorry if this is the wrong place to ask or w/e....

Got pulled over in my girl friends car for having tint to dark or something, she bought it from so guy... anyways gave him all my info he asked where i lived told him, wasnt the same on my license.
Got out of the military a month ago. it is set for my moms address because that where i lived when i joined and kept it that because i didnt have a place. well before getting out we got our own, and been living for a month sense i got out. in that time been setting up school, and looking for a job, didnt even think about it, and didnt even know i could get a ticket for have my moms address on my license..

my question is could i dismiss it due to just getting out of the military, or should i have known and changed it as soon as i got out.
 


Zigner

Senior Member, Non-Attorney
Michigan

im sorry if this is the wrong place to ask or w/e....

Got pulled over in my girl friends car for having tint to dark or something, she bought it from so guy... anyways gave him all my info he asked where i lived told him, wasnt the same on my license.
Got out of the military a month ago. it is set for my moms address because that where i lived when i joined and kept it that because i didnt have a place. well before getting out we got our own, and been living for a month sense i got out. in that time been setting up school, and looking for a job, didnt even think about it, and didnt even know i could get a ticket for have my moms address on my license..

my question is could i dismiss it due to just getting out of the military, or should i have known and changed it as soon as i got out.
Here are some pertinent sections of the MI vehicle code:

257.50a “Residence address” defined.

Sec. 50a.

"Residence address" means the place that is the settled home or domicile at which a person legally resides as defined in section 11 of the Michigan election law, 1954 PA 116, MCL 168.11.


And

257.315 Operator's and chauffeur's license; change of address; notice; use of residence address on qualified voter file; failure to report change; violation; penalty; nonappealability.

Sec. 315.

(1) An operator or chauffeur who changes his or her residence before the expiration of a license granted under this chapter shall immediately notify the secretary of state of his or her new residence address. A change of address notification shall be in a manner prescribed by the secretary of state and may include notification by personally appearing at a branch office of the secretary of state or other location designated by the secretary of state, or a notification by mail, telephone, electronically, by submitting a voter registration application unless the person registers to vote in a city, village, or township that prohibits the operation of motor vehicles by law or ordinance, or by any other means prescribed by the secretary of state. The secretary of state shall provide the person changing his or her residence address the notice required by section 307(1)(c) that, under sections 509o and 509r of the Michigan election law, 1954 PA 116, MCL 168.509o and 168.509r, the secretary of state is required to use the residence address provided on this change of address application as the person's residence address on the qualified voter file for voter registration and voting. However, a person may submit to the secretary of state a mailing address that is different than his or her residence address.

.
.
.

(3) If a person fails to report a change of his or her residence address as required under this section and subsequently there is no response to a notice mailed to the residence address shown by the record of the secretary of state or if the person has provided the secretary of state a mailing address different from his or her residence address and there is no response to a notice mailed to that mailing address, the secretary of state may immediately suspend or revoke his or her license. A person who fails to report a change of his or her residence address is responsible for a civil infraction.



ETA: If you advise the state of your new address immediately (now), you *may* get leniency from the court.
 

HighwayMan

Super Secret Senior Member
ETA: If you advise the state of your new address immediately (now), you *may* get leniency from the court.
I agree, especially considering your military status, but you should change it right away.

Probably worth a try to get it dismissed or reduced.
 

george of

Member
my question is could i dismiss it due to just getting out of the military, or should i have known and changed it as soon as i got out.
Was the ticket within 30 days of being discharged? If it was within 30 days did you tell the officer and show your discharge papers?

Past 30 days from discharge, Michigan requires an up to date license.
 

Zigner

Senior Member, Non-Attorney
Was the ticket within 30 days of being discharged? If it was within 30 days did you tell the officer and show your discharge papers?

Past 30 days from discharge, Michigan requires an up to date license.
Ok, I'll bite:

Where does the law allow 30 days specifically?
 

george of

Member
Ok, I'll bite:

Where does the law allow 30 days specifically?
For you I quick search but did not find which law the state refers to with the 30 day policy. It needs to be noted that the 30 day policy for military allows soldiers to allow their license to expire and the the 30 days is for the soldier to get up to date once on leave from service or discharged. A relative of mine got out of his ticket for address after presenting the 30 day policy. The officer said that he would not have even been cited if he had show his papers. The address law may not specifically allow the exception, but if the OP is going to seek mercy from a judge, showing that he has brought his license current within 30 days would help him.

But unfortunately, the OP has likely taken more than 30 days to get his affairs in order after leaving the service.
 

Zigner

Senior Member, Non-Attorney
For you I quick search but did not find which law the state refers to with the 30 day policy.
Ok, then please give us a cite to this policy for the agency/jurisdiction involved in this matter. I am truly curious.
 

george of

Member
Ok, then please give us a cite to this policy for the agency/jurisdiction involved in this matter. I am truly curious.
tmgtfy http://bit.ly/MhJZlE

The 3rd link.

Each state deals with returning soldiers differently. Some states have specified timelines to regain compliance with the states techniqualities, others require some common sense and honor to be applied. Maybe the next sailors and soldiers act will specify a minimum amount of time for each state to allow soldiers to get their civilian affairs in order.
 
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Zigner

Senior Member, Non-Attorney
tmgtfy http://bit.ly/MhJZlE

The 3rd link.

Each state deals with returning soldiers differently. Some states have specified timelines to regain compliance with the states techniqualities, others require some common sense and honor to be applied. Maybe the next sailors and soldiers act will specify a minimum amount of time for each state to allow soldiers to get their civilian affairs in order.
The third link deals with renewing licenses. It states nothing regarding any sort of law or policy. Care to try again?
 

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