It is never a good idea to drink and drive. However, if you find yourself in that situation and are pulled over it can be hard to decide how to proceed. You will be offered a Preliminary Breath Test (PBT). If you refuse, it is merely a civil infraction with a fine. The officer will then take you to the Police Station where you will be asked to take a chemical test known as the Datamaster. If you refuse the Datamaster chemical exam, then you will have six points added to your driving record resulting in Driver’s Responsibility fees and increases in insurance premiums. This is called an implied consent violation and your driver’s license will also be suspended.
Preliminary Breath Test PBT Refusal Michigan: To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
Reckless Driving is a serious misdemeanor that can result in jail time and the suspension of your driving privileges. Careless driving on the other hand is a civil infraction that carries lower penalties. However, it still has ramifications. First, it is three points on your driving record. Once your record has accrued 7 points you begin to pay driver’s responsibility fees which increase with every additional point. At 12 points your driver’s license will be suspended. Further, a careless driving citation may increase insurance premiums. An experienced attorney can negotiate with the Prosecutor or City Attorney to secure a modification, reduction, or dismissal of the charges. The attorneys of Garmo & Kiste, PLC frequent Metro Detroit Courts and have developed relationships with these Prosecutors, Attorneys, and Judges. See the statutes below for reference.
257.626b Careless or negligent operation of vehicle as civil infraction.
Sec. 626b.
A person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public including an area designated for the parking of vehicles in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness, is responsible for a civil infraction.
257.626 Reckless driving on highway, frozen public lake, or parking place; violation as misdemeanor; penalty.
Sec. 626.
(1) A person who violates this section is guilty of reckless driving punishable as provided in this section.
(2) Except as otherwise provided in this section, a person who operates a vehicle upon a highway or a frozen public lake, stream, or pond or other place open to the general public, including, but not limited to, an area designated for the parking of motor vehicles, in willful or wanton disregard for the safety of persons or property is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both.
(3) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes serious impairment of a body function to another person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not less than $1,000.00 or more than $5,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
(4) Beginning October 31, 2010, a person who operates a vehicle in violation of subsection (2) and by the operation of that vehicle causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or both. The judgment of sentence may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.
(5) In a prosecution under subsection (4), the jury shall not be instructed regarding the crime of moving violation causing death.
To retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation. We are licensed Michigan attorneys, with offices in Troy, MI.
Depending on the Court a Driving While License Suspended can be handled rather casually. This has led to a widespread misunderstanding that DWLS is a traffic infraction, when it is actually a misdemeanor that will appear on your criminal record. As a misdemeanor, you may be sentenced up to 93-days in jail and/or a fine of $500.00. Subsequent charges carry higher penalties. In addition to criminal charges, there may be licensure ramifications. Should your license be suspended or revoked for another reason, upon a conviction of Driving While License Suspended the Secretary of State will delay the date that your license will be eligible for restoration.
Additionally, if anyone is injured or killed in an accident that you are involved in while your license is suspended you may be charged with a felony punishable up to 15 years, and/or $1,000.00 to $10,000.00.
In order to avoid a criminal record, high fees, licensure ramifications, and even felony charges, it is important to retain an experienced Attorney. The attorneys of Garmo & Kiste, PLC frequent Metro Detroit Courts and know many prosecutors and judges who may be involved in your case. Our office may be able to help you get these charges reduced, modified, or even dismissed and have had many successful outcomes.
To retain Garmo & Kiste, PLC, for assistance in these matters call us at (248) 398-7100 for a free consultation or contact us with a private message. We are experienced Michigan attorneys with offices in Troy, MI.
Troy has recently begun enforcing a new “distracted driving” ordinance, after a delay to allow for the installation of proper signage. Many are calling them the the toughest texting laws in the nation as any use of a cell-phone, GPS, or other electronic device in any way except with your voice. Even getting your phone or Bluetooth in position is barred if not performed before you begin driving. Finally, the ordinance is so broad that anything that could distract you including applying make-up or petting your dog could result in you getting a ticket. Our Attorneys at Garmo & Kiste, PLC have the necessary relationships with area prosecutors to negotiate deals, and attempt to get your ticket dismissed.
Recently our Attorneys were able to avoid both licensing ramifications and prolonged probation for a client with a Minor in Possession charge by negotiating a sentence pursuant to the Holmes Youthful Trainee Act (HYTA). Otherwise this would have been his MIP 3rd, resulting in suspension of his license for 60 days and a violation of his felony probation in Macomb County. This type of sentencing is available for offenders who are between the ages of 17 and one day shy of their 21st birthday. Though rarely used in a case like this, HYTA sentencing goes to show that creative solutions and knowledgeable attorneys can make the difference between a bad result and a success.
Everyone expects to pay a fine, and face possible insurance premium increases when they get a traffic ticket. However, something you may not expect to be slapped with is a “Driver’s Responsibility Fee.” This fee is often assessed against people for Driving While License Suspended, or any types of driving infractions which result in seven (7) points on your license. Levied by the Department of Treasury, failure to pay the driver’s responsibility fee can result in your license being suspended with no notice to you. Even if you pay it the first time, you often may not be notified that the Driver’s Responsibility fee is often charged on a recurring basis for several years.
Michigan traffic charges require strong and knowledgeable attorneys. Since its inception Garmo & Kiste, PLC, located in Troy, Michigan, has provided a strong defense to all traffic related charges. We have represented individuals in Oakland, Macomb, Wayne, and Lapeer Counties, and take an aggressive, intelligent approach to these matters. If you choose us, we promise we will work to see your rights are protection and your driving privileges remain intact.
For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
What Impact do Traffic Points have on my Driving Record?
We live in a state with a points system where every point matters and they can add up to license suspensions, revocations, all in addition to state imposed Driver’s Responsibility fees (Drivers with seven points or more on their driving record will receive yearly fee assessments). In Michigan, once points have been added to your record after a conviction, they cannot be removed for 2 years. That is precisely why you need to take every speeding ticket very seriously.
There is a direct correlation between automobile insurance rates and traffic tickets. Drivers who speed, disobey red lights, or fail to heed other signals or signs on the roadway are statistically more likely to cause damage to people and/or property. Such drivers are the ones most likely to experience automobile insurance increases.
Additionally, according to Michigan law some traffic violations are civil infractions while others are misdemeanors or felonies. Depending on the violation and how it is resolved, you may be fined, referred to a special program or, in the most serious situations, sent to jail. In most cases, if you do not take care of a traffic ticket, your driver’s license will be suspended.
Each time you are convicted of a traffic violation, you will have to pay certain court fines and costs. In addition, points may be posted to your driver record. Under Michigan’s point system, each traffic violation has a point value, which is set by law in the Michigan Vehicle Code. Points are placed on your driver record only after you have been convicted or found guilty of or responsible for a civil infraction. The Secretary of State cannot set aside a court conviction or the points for it. The following list shows the points for some traffic violations:
Points For Some Traffic Convictions*
Six Points:
- Manslaughter, negligent homicide, or other felony involving use of a motor vehicle.
- Operating under the influence of liquor or drugs.
- Failing to stop and give identification at the scene of a crash.
- Reckless driving.
- Unlawful bodily alcohol content of 0.08 or more.
- Refusal to take a chemical test.
- Fleeing or eluding a police officer.
Four Points:
- Drag racing.
- Operating while visibly impaired.
- Under age 21 with any bodily alcohol content.
- 16 mph or more over the legal speed limit.
- Failure to yield/show due caution for emergency vehicles.
Three Points:
- Careless driving.
- Disobeying a traffic signal or stop sign or improper passing.
- 11 through 15 mph over the legal speed limit.
- Failure to stop at railroad crossing.
- Failure to stop for a school bus or for disobeying a school crossing guard.
Two Points:
- 10 mph or less over the legal speed limit.
- Open alcohol container in vehicle.
- All other moving violations of traffic laws.
- Refusal of Preliminary Breath Test (PBT) by anyone under age 21.
*Please note that snowmobile and off-road vehicle (ORV) alcohol-conviction points are placed on a driver record and may result in licensing action against your driving privileges even though the violation happened while operating a snowmobile or ORV.
For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
So how much will my insurance go up?
The amount of any increase and for how long you will be paying the increased rates depends on several factors, including:
1. Your driving record.
While a first offense may very well lead to an increase in insurance rates, multiple moving violations are that much more likely to have an adverse affect on the amount you pay for automobile insurance.
2. Your history/relationship with the insurance company.
If you have a long history of excellent driving while with a particular insurance company, it may take a little more to see a rate increase than it would for a driver with a similar driving history who is new to the insurance company.
3. The type of moving violation(s) in question.
Again, insurance companies are trying to determine which drivers are a safety concern and most likely to cause damage to people or property. (i.e. there is a difference, between a careless driving ticket and a traffic ticket issued for say, double parking.) However, even minor traffic tickets can and normally do lead to an increase in insurance rates.
While there are many factors to consider and it is difficult for anyone to say exactly how much a traffic ticket will increase your car insurance, traffic tickets do normally lead to higher automobile insurance rates.
For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
Our Familiarity with Traffic Court…
One of the greatest advantages of hiring our firm is the connections we bring to the process. Typically we know the prosecutor and the judge and can negotiate a better deal than you could on your own. For this reason, looking for an attorney who practices in the county where you were ticketed is particularly helpful, that said we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer. What follows below is a complete list of traffic matters, our firm has recently handled. Our track record speaks for itself.
Detroit, MI: Disobey Traffic Control Device, Speeding 65 in a 50, Reduced to Zero Points and not reported to Secretary of State.
Madison Heights, MI: Fleeing the Scene of an Accident, a misdemeanor punishable by up to 93 days in jail, Reduced to two Point Civil Infraction, no jail time and client maintains a clean record.
Troy, MI: Speeding 57 in a 40, Reduced to Zero Points and not reported to Secretary of State.
Lapeer, MI: Speeding 65 in a 50, Reduced to Zero Points and not reported to Secretary of State.
Sterling Heights, MI: Speeding 58 in a 40, Reduced to Zero Points and not reported to Secretary of State.
Royal Oak, MI: Speeding 90 in a 70, Reduced to Zero Points and not reported to Secretary of State.
Troy, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident), Reduced to Zero Points and not reported to Secretary of State.
Sterling Heights, MI: Disobey Traffic Control Device, Reduced to Zero Points and not reported to Secretary of State
Novi, MI: Disobey Traffic Control Device, Speeding 65 in a 50, Reduced to Zero Points and not reported to Secretary of State
Berkley, MI: Speeding 64 in a 40, Client had a Blood Alcohol Content of 0.079, Reduced to Zero Points and not reported to Secretary of State.
Sterling Heights, MI: Speeding 63 in a 50, Reduced to Zero Points.
Sterling Heights, MI: Speeding 55 in a 30, Reduced to Zero Points and not reported to Secretary of State.
Lapeer, MI: Speeding 75 in a 55, Reduced to Zero Points and not reported to Secretary of State
Oak Park, MI: Speeding 43 in a 30, Reduced to Zero Points and not reported to Secretary of State
Warren, MI: Speeding 43 in a 30, Case Dismissed.
Detroit, MI: Disobey Traffic Control Device, Speeding 42 in a 35, Obstructed Vision. Case Dismissed.
Rochester Hills, MI: Careless Driving, Reduced to Zero Points and not reported to Secretary of State
Troy, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident), Reduced to Zero Points and not reported to Secretary of State.
Lapeer, MI: Speeding 70 in a 50, Reduced to Zero Points and not reported to Secretary of State
Romulus, MI: Speeding 85 in a 70, Reduced to Zero Points and not reported to Secretary of State.
Southfield, MI: Disobey Traffic Control Device, Reduced to Zero Points.
Rochester Hills, MI: Careless Driving, Reduced to Zero Points and not reported to Secretary of State.
Clawson, MI: Speeding 50 in a 40, Withdrawn Plea, Reduced to Zero Points and not reported to Secretary of State
Berkley, MI: Speeding 46 in a 30, Reduced to Zero Points and not reported to Secretary of State.
Oak Park, MI: No Operator’s License, a misdemeanor punishable by up to 93 days in jail, Case Dismissed.
West Bloomfield, MI: Careless Driving, Reduced to Zero Points and not reported to Secretary of State
Rochester Hills, MI: Speeding 55 in a 40, Reduced to Zero Points
St. Clair Shores, MI: Speeding 95 in a 70, Reduced to Zero Points
Ferndale, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident w/ a Pedestrian), Reduced to Zero Points and not reported to Secretary of State.
Farmington, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident), Reduced to Zero Points and not reported to Secretary of State.
Livonia, MI: Careless Driving, Reduced to one Point. Client had a horrendous driving record with three prior accidents within the past two years.
Detroit, MI: Speeding 55 in a 40, Driving too fast for conditions, Driving in the incorrect lane. Case Dismissed.
Detroit, MI: Speeding 50 in a 40. Case Dismissed.
Rochester Hills, MI: Speeding 50 in a 40, Reduced to one Point. Client had ten prior points on his record.
Oak Park, MI: Operating While Intoxicated, a misdemeanor punishable by up to 93 days in jail, mandatory license suspension, and $2,000 + in Driver’s Responsibility fees. Case Dismissed after suppression hearing.
Oak Park, MI: Driving While License Suspended, a misdemeanor punishable by up to 93 days in jail, reduced plea, $100.00 fine, no jail time and no probation.
Farmington Hills, MI: Disobey Traffic Control Device, Reduced to Zero Points.
West Bloomfield, MI: Two Counts of Driving While License Suspended, two Probation Violations, reduced plea. All Four Counts Dismissed, no jail time.
For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
Commercial Driver License
Traffic tickets for commercial drivers with commercial driver licenses (CDL) can carry more severe penalties than the same speeding ticket violations for non-commercial drivers because commercial drivers are generally considered to have an extra responsibility to traffic safety.
Commercial Drivers spend more time on the road than the average driver. Where the average person drives to work, a CDL holder drives for work. As such, the State of Michigan does its best to insure that the drivers who spend much of their time on the road are the safest and most responsible of all drivers.
For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.
