This division receives and processes traffic and municipal civil
infraction citations from the law enforcement agencies in the county. They also
process some misdemeanor citations in the Michigan Vehicle Code, Department of Natural
Resources and Environmental Protection Act and various local ordinances, where the judges
have set a standard fine/costs in the event you desire to just plead guilty and pay the
fine. You can access the fine schedule
here and determine what your fine would be.
You have three possible options in a civil infraction citation. You must do one of the three within 10 business days of receiving the citation. Failure to do so will lead to a default judgment. Failing to respond to a default judgment will result in the suspension of your operators or chauffeur's license.
1) Admit Responsibility - you are responsible for the infraction and want to pay the fine. GO TO FINE SCHEDULE If you need time to pay the fine, please visit the court or write a letter to the magistrate.
2) Admit Responsibility with Explanation - you are responsible for the infraction, but there are mitigating circumstances you want the Court to consider in assessing the fine/costs. You may do this in person (8:30am or 1:00pm) or write a letter to the magistrate, explaining your situation. You may also do this to request an extension to pay.
3) Deny Responsibility. If you deny responsibility, you can request either an informal hearing before the magistrate or a formal hearing before a district judge. If you do not specifically request a formal hearing, an informal hearing will be scheduled. At an informal hearing, you may not bring an attorney, but you may bring witnesses and other exhibits.
Within 10 business days of receiving the citation, visit the court or write a letter to the court, denying responsibility. To assist the clerks in locating the proper citation (we receive hundreds each week), please enclose your copy of the citation or a photocopy of the citation. If you have upcoming vacations or other times you cannot attend a hearing, be sure to put this in your letter. The clerk will try to accommodate time of day requests, but this is not always possible. The hearing will usually be scheduled to take place within 30 days. An informal hearing will be scheduled, unless you specifically request a formal hearing. The clerk will either give you the date/time while you are at the counter or mail the date to you within just a few days of receiving your request, so if you don't receive your hearing date within a week, please call the traffic clerk. (517) 676-8408. Failure to appear at the hearing will result in a default judgment being entered. Failing to respond to a default judgment will result in the suspension of your operators or chauffeur's license. Adjournments are for good cause only and sparingly granted.
Informal hearings are held before the magistrate of the court. These hearings are informal in nature with you and the officer who issued the citation being present. You may not be represented by an attorney. You may bring witnesses. You may also bring photographs, diagrams or other documents to present your side. The magistrate will administer an oath to all witnesses. The officer will go first and present his/her testimony, any exhibits and witnesses the officer may have called. At the conclusion of the officer's presentation, you then present your testimony, exhibits and any witnesses you have called. The magistrate may ask questions of any witness. The magistrate will then announce a decision of responsible or of not responsible. If you are found responsible, you may appeal for a formal hearing, using the procedure outlined below.
If you have requested a formal hearing, you will be first of all scheduled for a pretrial conference. This is an informal meeting between yourself, your attorney and the prosecutor. This is to discuss the matter to see if an agreement can be reached or if a hearing before the judge is necessary. If an agreement is reached, this must be approved by the judge or the magistrate. If no agreement is reached, then a hearing date is set to appear before the district judge. You may be represented by an attorney. All rules of procedure and evidence are in full effect.
There are two different locations for informal hearings in civil infraction cases:
Conference Room at Meridian Township Public Safety Building, 5151 Marsh Road. Hearings are held at this location for citations issued by the Meridian Township Police Department. If you desire your information hearing to be at the main court location on a Meridian Township issued citation, be sure to inform the clerk when you request a hearing.
Magistrate Hearing Room at the 55th District Court building in Mason.
You failed to respond to the citation or missed your hearing date, so a default judgment was entered. Now what? You have two choices. You can either pay the fine/costs and close the matter, or if the default was entered within the last 14 days, you can request permission to have the default set aside and have a new hearing date scheduled. To request the default be set aside, write a letter to the magistrate and include: 1) the file number, 2) the reason you are now in default, 3) why you are not responsible for the citation and 4) a bond. This bond is the amount of the fine/cost if you are found responsible. The magistrate will review your request and notify you of his decision. Click HERE to obtain the approved court form, you want "Motion to Set Aside Default Judgment and Order, Civil Infraction", form cia04.
If the default was entered more than 14 days ago and you still desire to have the default set aside, you should consult with an attorney as to how to proceed.
If a police officer or deputy sheriff fails to appear for a hearing and the matter is dismissed, the officer may ask the dismissal be set aside and a new hearing scheduled. The officer/deputy must show good cause why he/she failed to attend the hearing and the request must be received by the court within 14 days of the informal hearing.
You may appeal the decision of the magistrate at an informal hearing and request a formal hearing. This must be done within seven (7) calendar days of the informal hearing, or you lose the right to appeal. To file an appeal, you must appear at the clerks counter, or have a letter in the clerk's hands within the seven (7) calendar days (postmarks on the 7th day don't count). You must notify the clerk in writing of your desire to appeal and you must post an appeal bond. The bond is the same amount as the fine/costs assessed. The police officer/deputy sheriff also may appeal a magistrate's decision and request a formal hearing. Click HERE to obtain the approved court form to appeal the decision at an informal hearing, - you want "Claim of Appeal of Right, Civil Infraction" form cia05.
If you previously admitted responsibility or admitted responsibility with explanation and now want to change your mind, write a letter to the magistrate with the reasons you want to change your plea. You must make this request within 14 days of your admission (responsible or with explanation) or you lose the ability to have your admission set aside. If you have not paid the fine/costs, you must post a bond equal to that amount. The magistrate will review your letter and make a determination. Such a request is not automatically or easily granted.
This section refers you to the web page maintained by the Michigan Supreme Court, where they have available several traffic division related forms. You can obtain a Claim of Appeal as of Right form (cia05) and Motion to Set Aside Default Judgment and Order, Civil Infraction form (cia04) here. You can complete these form on line and print to your own computer's printer, using a .PDF format. Click HERE to go to this forms page.
The .PDF format requires you to have installed on your computer, Adobe Acobat Reader 4.0, which will allow your printer to print out the form as it appears on your computer screen. There is a link below from this page to the Adobe web site, so that you can download (free of charge) the Adobe Acobat Reader.
The court also maintains a limited supply of many of the forms used. You may obtain copies from the court clerk's office at a nominal fee of $0.25 for each form requested.
If the citation was issued within the past 15 days, you can determine the amount of the fine/costs by referring to the fine schedule page of this web site. If your citation was issued more than 15 days ago, please confirm the correct amount due by calling the traffic clerks desk (517-676-8408) before making payment. (Quotes of fine/costs are good for the date you receive the quote only - late fees and other charges may be added if you delay payment beyond the date that you call). You may then pay fine/costs by personal check (if on a local bank), money order or credit card.
Check/Money Order: By mail to: Traffic Department, 700 Buhl Ave., Mason, Michigan 48854.
Credit Card: THE COURT NO LONGER ACCEPTES CREDIT CARDS FOR PAYMENT
You can obtain a copy of your driving record from the Michigan Secretary of State. Follow this link to learn how to obtain your driving record:
