89th District Court
- WHERE DOES MONEY PAID ON TRAFFIC TICKETS GO?
- WHAT IS A CIVIL INFRACTION?
- SCHEDULE OF CIVIL FINES, COSTS AND ASSESSMENTS
- WHAT IS A MISDEMEANOR?
- ADMIT RESPONSIBILITY
- WHAT IS A DEFAULT JUDGMENT?
- CAN I REQUEST THE COURT TO SET ASIDE A DEFAULT JUDGMENT?
- HOW DO I MAKE THE REQUEST TO SET ASIDE A DEFAULT?
- WHAT HAPPENS IF A PERSON FAILS TO PAY A JUDGMENT ENTERED AFTER A DEFAULT/FINDING OF RESPONSIBILITY
- ADMIT RESPONSIBILITY WITH EXPLANATION
- DENIAL OF RESPONSIBILITY
- CAN I APPEAL A DECISION FROM AN INFORMAL HEARING?
The traffic division handles tickets filed with the court involving:
- Civil Infraction violations including traffic, state, and municipal civil infractions
- Misdemeanor violations punishable by up to 90-days in jail
WHERE DOES MONEY PAID ON TRAFFIC TICKETS GO?
Traffic revenue distributions are explained in detail by the State of Michigan House of Representatives House Fiscal Agency.
WHAT IS A CIVIL INFRACTION?
A civil infraction is a violation that is punishable by fines and costs. Civil Infraction proceedings begin when a person (defendant) receives a ticket.
Once receiving a civil infraction ticket, the court allows 10 days from the date the ticket was issued for the defendant to enter a plea. Pleas are accepted in person, by representation, by e-mail at email@example.com or by mail. Plea options are printed on the back of the ticket.
Plea options include:
- Admission of responsibility
- Admit responsibility with explanation
- Deny responsibility
If a person does not enter a plea on a civil infraction violation within 10 days, the court will enter a default judgment.
SCHEDULE OF CIVIL FINES, COSTS AND ASSESSMENTS
Schedule of civil fines, costs and assessments to be imposed for common civil infractions. Additionally, see below for points assessed on speeding violations.
1 - 10 mph over $115.00
11 - 15 mph over $135.00
16 - 20 mph over $150.00
FOR VIOLATIONS OF SPEEDING NOT ON I-75 THE POINTS ARE AS FOLLOWS:
1-5 miles per hour over is 1 point
6-10 miles per hour over is 2 points
11-15 miles per hour over is 3 points
16+ miles per hour over is 4 points
FOR VIOLATIONS OF SPEEDING ON I-75 THE POINTS ARE AS FOLLOWS:
1-5 miles per hour over is 0 points
6-10 miles per hour over is 1 point
11-15 miles per hour over is 2 points
16-25 miles per hour over is 3 points
26+ miles per hour over is 4 points
FOR VIOLATIONS OF SPEEDING IN A CONSTRUCTION ZONE THE POINTS ARE AS FOLLOWS:
1-10 miles per hour over is 3 points
11-15 miles per hour over is 4 points
16+ miles per hour over is 5 points
SEE BELOW FOR OFFENSES WRITTEN UNDER STATE LAW:
(NOTE: FOR OFFENSES WRITTEN UNDER CHEBOYGAN CITY ORDINANCE PLEASE CONTACT THE COURT)
*Careless Driving $200.00
*Child Restraint Violation $100.00
*Defective Equipment Contact court
*Disobey Stop Sign $125.00
*Disobey Traffic Signal $115.00
*Drove Left of Center $125.00
*Drove without Lights $110.00
Drove While License Expired $190.00
*Expired Registration Plates $125.00
Fail to Display Valid License Contact court
*Fail to Yield $125.00
*Improper Passing $115.00
*Improper Turn/Lane Use $120.00
*Improper Display of Registration/Plates $125.00 - Waivable w/proof if written u/.223
Improper Parking $65.00
*No Proof of Insurance Contact court
*No Proof of Registration Contact court
Unlicensed/Never Applied $215.00
Park in Handicapped Zone $171.00 - Waivable w/proof of placard shown to court
*Pass Stopped School Bus $285.00
*Refused Preliminary Breath test $160.00
*Seatbelt Violation $65.00
*Violation Basic Speed Law $125.00
*Violation Graduated License Permit $115.00
*If you were cited for any of the above and an accident occurred, add $25.00 to the fine.
If your violation is not listed above, please contact the court.
WHAT IS A MISDEMEANOR?
A misdemeanor is a criminal offense that is punishable by imprisonment or by a fine that is not a civil fine.
Persons issued a citation for a misdemeanor traffic offense must enter a plea with the court within 10 calendar days from the date the ticket was issued. Persons may enter a plea of guilty or not guilty in person, by representation, by e-mail at firstname.lastname@example.org or by mail. *The court may require personal appearance for certain offenses.
If a person fails to answer a citation within 10 calendar days, the court may issue a warrant and/or suspend driving privileges.
Persons may review a court form entitled: Plea by Mail. This form explains a persons rights with regard to misdemeanor violations. These rights pertain to all misdemeanor traffic violations.
If a defendant admits responsibility the court finds the defendant responsible for the infraction, and imposes the appropriate sanctions. *See back of ticket for area to sign when admitting responsibility. Plea must be received by the court within 10 days of the date the ticket was issued.
If a plea is not entered with the court within 10 days, a default judgment is entered. The court assesses a late fee of $30.00 when a default judgment is entered.
WHAT IS A DEFAULT JUDGMENT?
A default is a determination of responsibility that is entered by the court after a defendant fails to respond to a traffic ticket or to appear for a scheduled hearing. The court assesses a late fee of $30.00 for default judgments.
**Failure to answer a citation or a notice to appear in court for a traffic ticket can also result in license suspension. Moreover, such failure is a misdemeanor.
CAN I REQUEST THE COURT TO SET ASIDE A DEFAULT JUDGMENT?
Yes. A defendant must make this request within 14 days of the day on which the court sends notice of the default.
HOW DO I MAKE THE REQUEST TO SET ASIDE A DEFAULT?
- The request must be in writing (see form below) and must explain the reason for the defendant's failure to appear. The request must state that the defendant wants to offer a defense to or explanation of the complaint.
- A cash bond must be posted equal to the fines/costs as specified in the default judgment.
- Click here for the Motion to Set Aside Default Judgment and Order.
Once the defendant has filed a timely request to have the default set aside, the court, for "good cause" may schedule a hearing on the defendant's request.
An untimely request to set aside a default must comply with additional requirements set forth in MCR (Michigan Court Rule) 2.603(D).
WHAT HAPPENS IF A PERSON FAILS TO PAY A JUDGMENT ENTERED AFTER A DEFAULT/FINDING OF RESPONSIBILITY
They are guilty of a misdemeanor, and may be subject to criminal prosecution. Additionally, they may face the following civil sanctions:
- License suspensions
- Contempt of court proceedings
- Civil process to collect the judgment
ADMIT RESPONSIBILITY WITH EXPLANATION
To admit responsibility with an explanation, the defendant should attach a written explanation to the ticket. The explanation should describe what occurred as well as any special circumstances that the defendant wishes the court to consider. A magistrate will review the ticket and your explanation. You will be notified by mail of the magistrate's decision.
If a plea is not entered with the court within 10 days from the date the ticket was issued, a default judgment is entered.
DENIAL OF RESPONSIBILITY
If a defendant denies responsibility, he/she may choose to have their case heard in one of two ways:
- Informal Hearing - a hearing before an authorized District Court magistrate. Request may be made verbally or in writing. Attorneys are not allowed. The court, upon receiving a request for an informal hearing, will notify the citing officer(s) and the defendant of the hearing date/time. The officer and defendant may bring witnesses to testify to their observations of the violation. All persons appearing in court for an informal hearing must check in at the traffic window.
- Formal Hearing - a hearing before the District Court judge. Request for a formal hearing must be made in writing. Attorneys are allowed. Citing officer(s) are represented by the prosecuting or city/township attorney. A defendant may be represented by an attorney, however it is not required. The court upon receiving a request for a formal hearing will notify the prosecuting attorney and the defendant of the hearing date/time. The prosecution will notify the citing officer(s) to appear at this hearing. The defendant may bring witnesses to testify to their observations of the violation. All persons appearing in court for a formal hearing must check in at the court window.
If a plea is not entered with the court within 10 days of the date the ticket was issued, a default judgment is entered.
CAN I APPEAL A DECISION FROM AN INFORMAL HEARING?
Yes. A defendant has seven (7) days after an informal hearing to request an appeal. The defendant must post a bond in the amount of the fines/costs of the violation. If uncertain of the bond amount required, please call the traffic division at 1-231-627-8853. A formal hearing will be scheduled in front of the judge.