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ANSWERING A
CITATION
SCHEDULING A HEARING
HEARING LOCATIONS:
FAILURE TO ANSWER/APPEAR
- DEFAULT JUDGMENT
APPEAL OF
MAGISTRATE'S DECISION AFTER INFORMAL HEARING
SETTING ASIDE AN ADMISSION OF RESPONSIBILITY
OBTAINING FORMS
PAYMENTS
OBTAINING A COPY OF YOUR DRIVING
RECORD
ANSWERING A
CITATION: You have three options when you
have been issued 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.
IF
FOUND RESPONSIBLE OR ADMIT RESPONSIBILITY WITH EXPLANATION:
POINTS
WILL NOT BE WAIVED OR ALTERED
THE COURT DOES NOT TAKE
MATTERS UNDER ADVISEMENT or OFFER A PROBATIONARY PERIOD
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.
SCHEDULING A
HEARING: 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.
DENYING
RESPONSIBILITY - REQUESTING AN INFORMAL HEARING:
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.
DENYING RESPONSIBILITY -
REQUESTING A FORMAL HEARING: 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.
HEARING LOCATIONS:
There are three different locations for informal hearings in civil infraction
cases:
Magistrate Hearing 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 and Williamston
Police Department. If you desire your 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.
Township Board Chambers at the Lansing Township Hall,
3209 W. Michigan Ave. Hearings are held at this location for citations
issued by the Lansing Township Police Department and some hearings for citations
issued by the Michigan Department of State Police (Citations issued by the Motor
Carrier Division will still be scheduled in Mason). If you desire your
hearing to be at the main court location on one of these issued citations, be
sure to inform the clerk when you request a hearing.
Magistrate Hearing Room at the 55th District Court
building in Mason.
FAILURE TO ANSWER/APPEAR -
DEFAULT JUDGMENT: 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.
APPEAL OF MAGISTRATES DECISION AFTER 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.
SETTING
ASIDE AN ADMISSION OF RESPONSIBILITY:
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.
OBTAINING FORMS:
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 Adobe Acrobat Reader or
some other portable document file (PDF) software installed on your computer.
PDF software will allow you to print a 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.
PAYMENT:
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, by
clicking here
to look your case up online before submitting 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: Currently unavailable
OBTAINING YOUR DRIVING RECORD:
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:
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