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Ticket or crime

Michigan divides traffic violations into two kinds, and the line between them decides everything that follows.

A civil infraction is a ticket. Speeding, improper lane use, running a stop sign, careless driving, and most equipment violations fall here under MCL 257.741. The penalty is a fine, costs, and points. There is no jail and no criminal record. The risk is to your license and your insurance, and for some drivers that risk is serious.

A misdemeanor traffic offense is a crime. Reckless driving, driving while license suspended, driving without insurance, leaving the scene of an accident, and drag racing are misdemeanors under the Michigan Vehicle Code, charged by complaint, arraigned in district court, and ending in a criminal conviction if you plead or are found guilty. Fleeing and eluding and leaving the scene of a serious injury accident are felonies. These are handled exactly like any other criminal case, because that is what they are.

Most people treat both kinds the same way: pay it and move on. For a civil infraction, paying is an admission of responsibility and the points attach. For a misdemeanor, paying the fine on a citation is a guilty plea and the conviction is permanent.

Traffic charges we handle

ChargeStatuteClassificationExposure
Reckless drivingMCL 257.626Misdemeanor93 days, $500, 6 points, 90-day hard suspension
Driving while license suspended or revokedMCL 257.904Misdemeanor93 days first offense, 1 year after; an added like-for-like suspension
No insuranceMCL 500.3102MisdemeanorUp to 1 year, $200 to $500, license suspension until proof of insurance
Leaving the scene, property damageMCL 257.618Misdemeanor90 days, $100, 6 points
Leaving the scene, injuryMCL 257.617aMisdemeanor1 year, $1,000, 6 points
Leaving the scene, serious injury or deathMCL 257.617Felony5 to 15 years
Fleeing and eludingMCL 257.602aFelony2 to 15 years by degree, 6 points, license revocation
Drag racingMCL 257.626aMisdemeanor93 days, 4 points
Careless drivingMCL 257.626bCivil infractionFine, 3 points
Speeding, 16 or more overMCL 257.627Civil infractionFine, 4 points

Reckless driving deserves its own word. It is the most common traffic misdemeanor in the Wayne County district courts, it is frequently charged after a crash or a high-speed stop on I-94, M-39, or Telegraph Road, and people plead to it without realizing that the 90-day suspension that follows is a hard suspension. No restricted license to drive to work. A reduction to careless driving, which is a civil infraction with three points and no suspension, is the standard goal and is often achievable when the file supports it.

Driving while license suspended has its own page’s worth of traps, which our guide to driving on a suspended license in Michigan covers: the conviction triggers a second suspension of the same length, and many Dearborn drivers never knew they were suspended because the notice went to an old address.

Points, your license, and your insurance

Points attach to a driving record on conviction or admission of responsibility and stay for two years under MCL 257.320a. The schedule that matters most:

  • Two points: 1 to 10 mph over the limit, driving while license suspended, most moving violations.
  • Three points: 11 to 15 mph over, careless driving, disobeying a traffic signal or stop sign, improper passing.
  • Four points: 16 or more over, drag racing, operating while visibly impaired.
  • Six points: reckless driving, OWI, fleeing and eluding, leaving the scene of an injury accident, felonies involving a vehicle.

Twelve points in two years triggers a Secretary of State driver reexamination that can end in a restricted license or a suspension. Insurers pull the record and rate on it independently. Michigan eliminated the old driver responsibility fees in 2018, so the state no longer adds its own surcharge on top, but the insurance effect of a six-point conviction can run for years.

The reason the non-moving plea matters is the points. An amendment to impeding traffic or a defective equipment violation carries zero points, so the record stays clean and the insurer has nothing to rate on.

How a traffic case moves in the 19th District Court

Tickets and traffic misdemeanors written in Dearborn, whether by Dearborn Police or by the Michigan State Police on the Dearborn stretch of I-94 and M-39, are heard at the 19th District Court on Michigan Avenue. Dearborn Heights tickets go to the 20th District Court, Detroit tickets to the 36th District Court, and tickets from Taylor, Livonia, Westland, and Inkster to their own district courts, each of which has a guide on this site.

For a civil infraction, the citation gives you a deadline and three choices: pay it, which admits responsibility; request an informal hearing, where the officer and you appear before a magistrate and neither side has a lawyer; or request a formal hearing, which is a contested proceeding before a judge with the prosecutor present and attorneys on both sides. The negotiation that produces a non-moving amendment usually happens with the city attorney before the formal hearing date, and the citation deadline is the point of no return.

For a misdemeanor, the case follows the criminal track: an arraignment where you enter a plea and bond conditions are set, a pretrial conference where the defense and the city prosecutor discuss the case and the evidence, and then a plea agreement or a trial date. A reckless driving case that becomes a careless driving civil infraction, or a no-insurance case dismissed on proof the policy was in force, is resolved at or before the pretrial. We read the police report, the dash camera footage where it exists, and the Secretary of State record before that conference, because the case is usually decided in the details of the stop.

CDL drivers

Commercial drivers live under a different set of rules. Federal regulations prohibit courts from masking or deferring a conviction for a CDL holder, so the non-moving amendment that resolves a case for most drivers is not available in the same way, and a conviction for a serious traffic violation, which includes 15 or more over, improper lane change, following too closely, and reckless driving, counts toward a 60-day or 120-day disqualification if a second or third one follows within three years. That is true whether the ticket was in the commercial vehicle or your own car. For a driver whose job depends on the license, a ticket that a non-commercial driver would pay is a case worth fighting on the merits, and we treat it that way.

How we handle it

The same attorney handles the matter from the first call through resolution, in English and Arabic. We start with the citation or the complaint, the police report, and your Secretary of State driving record, and we tell you what the charge carries, what the realistic outcomes are in that court, and whether the cost of fighting it is justified by what is at stake. For a two-point ticket with a clean record, we will sometimes tell you to pay it. For anything with jail exposure, a suspension, a CDL, or an immigration consequence, we will not.

Traffic cases connect to the rest of our criminal practice more often than people expect. A stop that produced an OWI charge is handled with our OWI and DUI defense lawyers. A ticket you forgot about that turned into a suspended license and a bench warrant is covered under probation violations and warrants. Everything else sits with our criminal defense attorneys in Dearborn.

Traffic Offense FAQ

Yes. Reckless driving under MCL 257.626 is a misdemeanor punishable by up to 93 days in jail and a $500 fine, with six points on your record. The Secretary of State also suspends your license for 90 days on a first conviction, with no restricted license during that time. A second reckless driving conviction within seven years leads to a revocation. It is a criminal conviction, not a ticket, and it shows on background checks.

Two points for 1 to 10 mph over the limit, three points for 11 to 15 over, and four points for 16 or more over. Careless driving is three points, reckless driving and OWI are six, and driving while license suspended is two. Points stay on your driving record for two years from the date of conviction, and reaching 12 points in two years triggers a Secretary of State reexamination that can end in a suspension.

For a routine civil infraction, often not, unless points will cost you your license, your insurance rate, or your CDL. For any misdemeanor traffic offense, such as reckless driving, driving while suspended, no insurance, or leaving the scene, you are facing a criminal conviction and the answer is yes. Most of our traffic work is turning a points-heavy ticket into a non-moving violation or keeping a misdemeanor off the record entirely.

Often. Wayne County district courts and city prosecutors regularly agree to amend a moving violation to a non-moving one, such as impeding traffic or a defective equipment violation, which carries no points and is not reported to insurers the same way. It is a negotiation, not a right, and it has to happen before you pay or admit responsibility. Once the fine is paid, the original charge is the conviction.

Two things, on separate tracks. The court enters a default judgment or issues a bench warrant, depending on whether the ticket was a civil infraction or a misdemeanor, and the court tells the Secretary of State you failed to appear or pay, which suspends your license until you clear it. Many driving-while-suspended cases in Dearborn started as a forgotten ticket in another city. If this is you, see our page on probation violations and warrants and call before you drive.

A civil infraction, such as an ordinary speeding ticket, does not. A misdemeanor traffic conviction is a criminal conviction and can matter, depending on the offense and your status, and some, such as leaving the scene of an injury accident or fleeing and eluding, are taken seriously by immigration authorities. For non-citizen clients we analyze the immigration effect before any plea, which is another reason not to simply pay a misdemeanor citation.

Criminal Defense Across Metro Detroit

We represent criminal defense clients throughout Wayne County from our Dearborn office.

Visit Our Dearborn Office

We represent traffic offenses clients throughout Wayne County and Metro Detroit from our Dearborn office.

Do not just pay the ticket

Paying is a conviction. Talk to us before the due date on the citation, while a reduction or a dismissal is still possible.