The Law Offices of Freedman & Freedman

Traffic Ticket F.A.Q.

what is the difference between a civil infraction traffic ticket and a misdemeanor traffic ticket?

A civil infraction traffic offense is non-criminal. There is no potential jail penalty. You do not need to appear in court unless you wish to challenge the ticket and request a hearing. A misdemeanor traffic offense, such OWI, Reckless Driving etc....do require you to appear in court and are considered criminal in nature. There is potential jail time for any traffic related misdemeanor and most of these crimes cannot be expunged from your record.

what are points?

In Michigan, the majority of moving violations carry points as determined by the Secretary of State. Points are placed on your master driving record for 2 years and also are reported to your automobile insurance company resulting in drastic rate increases.

why should I hire a lawyer if I know that I am guilty of the offense listed on the ticket?

Because an experienced lawyer, absent a tremendous break already provided by the officer, can still generally negotiate a reduction in the number of points you ultimately receive. Sometimes a ticket can even be dismissed, for example, if an officer fails to appear for a hearing (in a limited number of jurisdictions).

should I still fight a ticket if I have a clean driving record?

Without question. Having a clean record is the best time to fight a ticket. Under these circumstances, we are in a better position to negotiate a very favorable plea bargain such as a reduction of your ticket to a 0 point non-moving violation. This type of infraction does not appear on your master driving record with the Secretary of State and does not get reported to your insurance company.

do I have to appear in court for my hearing?

Under most circumstances, no. Most courts allow your attorney to appear on your behalf. The vast majority of our clients do not appear and allow us to negotiate the best possible deal for them without the clients presence.

what if I want to fight the ticket in an actual hearing?

Then you will need to appear for the hearing.

are most tickets fought by way of an actual hearing?

Actually, no. As most experienced attorneys will tell you, the majority tickets are negotiated by way of a plea bargain. The reason for this is that the burden of proof in traffic ticket matters is very high, there is no jury (for civil infractions) and the vast majority of courts defer heavily to the testifying officer. Statistically, it is often a losing proposition for the client. We would much prefer to reduce odds and negotiate a plea to protect your driving record and offset exorbitant insurance premiums.

Nevertheless, some tickets necessarily must be fought and we aggressively do so in court on a regular basis.

what does it cost for you to represent me in a hearing to fight my ticket?

It depends. Our fee is often determined based upon a function of the severity of the infraction and the geographical location of the court. In general, our average legal fee for 2, 3 or 4 point moving violation is $350-$375. This is a one time flat fee. Of course, the fee may vary. For misdemeanor related traffic offenses, our legal fees usually range anywhere from $500 -$1000 depending upon the severity and location of the court. Again, this is a flat fee which may vary. Under most circumstances, we prefer to charge a one time only flat fee. We do not charge by the hour or per court appearance as we feel it is unfair to the client. You can be assured that our fee, once quoted, will not change and there are absolutely no hidden fees or hidden costs.

does your flat fee for legal services also cover any remaining fines or costs that might be owing at the conclusion of my case?

No. Any fines or costs are your responsibility and are not covered by our legal fee.

the fine for my ticket is far less than your fee anyway, why shouldn’t I just pay it and be done with it?

Because the long term consequences of your ticket are far more than you realize. First, most moving violations involve points which will go on your master driving record for 2 years. Worse, any civil infraction will be reported to your automobile insurance carrier who will not hesitate to immediately apply a dramatic raise to your annual premiums. The more points you receive the higher the increase. This could literally cost you hundreds if not thousands of dollars over the next few years. Most insurers will absolutely downplay this information to you but the stark statistically reality speaks volumes. The insurance companies are extremely profitable and its always at your expense.

can I also get hit with driver responsibility fees? If so, what are these fees all about?

Absolutely. A few years ago, Michigan’s Driver Responsibility Law was introduced to, in effect, penalize “bad” drivers and those with too many points. The fees begin at $100 if a person has 7 or more active points on their record and increase by $50 for each additional point. For 18 points, the fee is $650. You will have to pay the fee for 2 years if you cross the point threshold. If you do not pay the fee, your driver’s license will be suspended.

There are higher driver responsibility fees that are automatically imposed in more serious traffic offenses and must be paid for 2 years:

Operating While Intoxicated: $1000 yr/2 yrs.
Operating While Visibly Impaired: $500/2 yrs.
Driving While License Suspended: $500/2 yrs.

is there a difference if I received my ticket for speeding in a construction zone?

Yes. First, the fines are doubled. If you were traveling 16-24 m.p.h. over the speed limit, you will receive a 4 point ticket. If, however, you were speeding 25 m.p.h. over the limit you will receive a 5 point ticket. It does not matter in the eyes of the law if workers were actually present and working at the time of your traffic stop.

what are some general examples of points?

2 points:	- speeding 1- 10 m.p.h. over the speed limit failure to yield violation of basic speed law - improper turn - ignore yield sign
3 points:	- disobey traffic signal - disobey stop sign - careless driving - improper passing - speeding 11-15 m.p.h. over the speed limit
4 points:	-failure to yield to emergency -responder/emergency vehicle -drag racing -speeding 16 m.p.h. or higher over the speed limit

what Michigan cities and counties do you regularly practice in?

We regularly practice in the following cities and counties although this list is not meant by any means to be exclusive:

Oakland County
Auburn Hills, Berkley, Beverly Hills, Bingham Farms, Birmingham, Bloomfield Hills, Bloomfield Twp., Clarkston, Clawson, Commerce Twp., Davisburg, Farmington, Farmington Hills, Ferndale, Franklin, Groveland, Hazel Park, Highland Twp., Holly, Huntington Woods, Independence, Keego Harbor, Lathrup Village, Lake Angelus, Lake Orion, Madison Heights, Milford, Novi, Oak Park, Orchard Lake, Ortonville, Oxford, Pleasant Ridge, Pontiac, Rochester, Rochester Hills, Royal Oak, Southfield, South Lyon, Springfield, Sylvan Lake, Troy, Walled Lake, Waterford, West Bloomfield, Wixom, Wolverine Lake.

Macomb County
Armada Twp., Bruce Twp., Chesterfield Twp., Center Line, Clinton Twp., Eastpointe, Fraser, Harrison Twp., Lenox Twp., Macomb Twp., Memphis, Mt. Clemens, New Baltimore, New Haven, Ray, Richmond, Romeo, Roseville, Shelby, St. Clair Shores, Sterling Heights, Utica, Warren, Washington.

Wayne County
Allen Park, Belleville, Canton, Dearborn, Dearborn Heights, Detroit, Ecorse, Flat Rock, Garden City, Gibraltar, Grosse Ile, Grosse Pte., Highland Park, Hamtramck, Harper Woods, Huron Twp., Inkster, Lincoln Park, Livonia,, Melvindale, Northville, Plymouth, Redford, River Rouge, Riverview, Rockwood, Romulus, Southgate, Sumpter Twp., Taylor, Trenton, Van Buren Twp., Wayne, Westland, Woodhaven, Wyandotte.

Washtenaw County
Ann Arbor, Ypsilanti

Genesee County
Fenton, Flint, Flushing, Grand Blanc, Mt. Morris, Swartz Creek

Ingham County
Lansing, East Lansing

Monroe County
Monroe

Saginaw County
Saginaw

Livingston County
Howell