When Does a Traffic Ticket Become a Criminal Charge in Michigan

Michigan traffic offenses can be charged as civil infractions, misdemeanors, or felonies. The difference can be significant, and knowing the type of offense you are charged with and the potential penalties you face can help you decide how to move forward and when to seek legal assistance.

Not All Traffic Tickets Are the Same: Understanding the Difference

Michigan traffic offenses fall into three categories.

• Civil infractions include traffic violations like speeding, failing to stop or yield, improper turning, and careless driving.
• Misdemeanors are more serious and include reckless driving, leaving the scene of an accident, failure to yield to an emergency vehicle, and drunk driving offenses.
• Felony traffic charges include leaving the scene of an accident, a third offense OWI, and OWI causing serious injury or death.

A traffic violation can be elevated to misdemeanor or even felony charges when the driver’s actions endanger others. These offenses carry criminal penalties, including fines, jail time, and a permanent criminal record.

What Are the Penalties for Michigan Traffic Offenses?

Understanding the differences between civil infractions, misdemeanors, and felonies and the consequences of each will influence how you should proceed and help you decide whether you need legal counsel.

Civil Infraction

• Not a criminal offense
• No jail time
• May add points to your driving record
• Usually does not require a court appearance
• Appears on your driving record but not your criminal record

Misdemeanor Traffic Offense

• Criminal offense
• Punishable by up to one year in jail
• May result in driver’s license suspension
• Adds points to your driver’s license
• Court appearance is required
• Creates a criminal record

Felony Traffic Offense

• Serious criminal offense
• Potential prison sentence of 1 year or more
• Likely driver’s license revocation
• Adds points to your driver’s license
• Court appearance is required
• Permanent criminal record

Factors That Turn a Traffic Ticket Into a Misdemeanor or a Felony

Certain circumstances elevate a traffic ticket to a criminal case.

• Reckless driving, when a driver operates a vehicle with a willful and wanton disregard for the safety of others, can be charged as a misdemeanor even in the absence of a crash.
• Aggravating factors like excessive speed, weaving through traffic, or disregarding a stop sign or traffic control device can elevate a traffic infraction to a misdemeanor. Driving conditions also play a role, as aggressive driving in heavy rain, icy conditions, fog, or low visibility can indicate disregard for the safety of others.
• Traffic infractions in a school area or construction zone carry more severe consequences. An accident that causes serious injury or death in a construction zone can lead to serious criminal charges.
• While OWI is a crime on its own, impaired driving that results in serious injury or death can lead to felony charges.
• A crash that results in serious injury or death can also be charged as a felony.
• Leaving the scene of a crash is charged as a felony.

Do You Need a Lawyer for a Traffic Offense?

Deciding whether you need a criminal defense attorney for a traffic offense often depends on how the offense is charged. For a civil infraction, you may be able to plead guilty and pay a fine without legal help. However, if you are concerned about accumulating too many points on your license or if your job requires a clean driving record, you could benefit from working with an experienced criminal defense attorney.

Misdemeanor and felony traffic charges are best handled by an attorney. If you were charged with a misdemeanor like reckless driving, DUI/OWI, or driving on a suspended license, a criminal defense attorney can help you avoid the most serious consequences and negotiate for reduced charges and alternative sentencing. Felony charges demand experienced legal representation. Charges for vehicular manslaughter, leaving the scene of an accident, or felony DUI/OWI carry the potential for prison time and a criminal record that could define the rest of your life. When the stakes are this high, you should not attempt to navigate the case on your own.

Contact Elmen Legal Today

Elmen Legal is located in Ann Arbor and represents individuals in criminal matters throughout Michigan. Call (734) 707-8915 or contact Elmen Legal online to schedule an appointment to discuss your situation and how Robert Elmen can help.