Michigan Criminal Lawyer, Josh Jones

Misdemeanor Traffic Offenses In Michigan Explained

Michigan Misdemeanor Traffic Offenses

Misdemeanor traffic offenses here in Michigan can have a long lasting impact on you, your driving record and criminal record. Of course, as you may already know, not all traffic offenses constitute a criminal misdemeanor. However, as legislation continues to become more complex, convoluted and numerous, misdemeanor traffic offenses are on the rise. Recently, the State of Michigan has incorporated new misdemeanor traffic offenses.

Pursuant to MCL 257.312a, and now being recognized under misdemeanor traffic offenses when an individual operates a motorcycle upon a highway or place open to a motor vehicle without a proper motorcycle certification or endorsement. In order to obtain such an endorsement, an individual will need to take and pass a written and driving test. Once completed, the individual will have the endorsement on his or her license. If an individual ignores obtaining an endorsement, he or she will be at risk for obtaining a misdemeanor traffic ticket if he or she chooses to operate or drive a motorcycle as indicated above. If an individual is found in violation of MCL 257.312a, he or she will be guilty of a 90-day misdemeanor for his or her first offense or occurrence of the crime. Moreover, if an individual is found guilty of a second violation under MCL 257.312a, he or she will be facing a one-year misdemeanor, rather than the 90-day misdemeanor as mentioned previously.

Other misdemeanor traffic offenses here in Michigan consists of “willfully and maliciously damaging, destroying, injuring, defacing, dismantling, tampering with, or removing traffic control device.” Prior to the enactment of MCL 750.377d, the oversight and protection of traffic control devises was actually found under the Motor Vehicle Code. However, the new statute, MCL 750.377d, takes away the need for the older statute, and expressly incriminates a willful act that inevitably affects a traffic control device. If an individual is found guilty of this offense for the first time will face a 93-day misdemeanor. A second violation will lead to a 180-day misdemeanor, while someone who is found guilty of the offense 3 or more times will be facing a 1-year misdemeanor.

Misdemeanors and misdemeanor traffic offenses can and will have serious repercussions on an individual and their criminal and driving record. It is imperative to always obtain or at least consult with a criminal lawyer prior to handling, disposing or taking care of any traffic or criminal offense. You must remember to never rely on information from this website or any other website when attempting or wanting to represent yourself in a court of law or before any individual her in the State of Michigan.