Understanding Michigan Civil Infractions: A Guide to Your Rights and Responsibilities

Navigating legal trouble in Michigan can be overwhelming, but understanding the rules for civil infractions—the most common type of legal violation—is the first step to protecting your record.

Unlike criminal misdemeanors, a civil infraction is a non-criminal act. However, failing to handle a ticket correctly can still lead to steep fines, driver's license points, or even license suspension.

🚦 What is a Civil Infraction in Michigan?

A civil infraction is a violation of a law or ordinance that is not a crime. Because it is not a criminal offense, you cannot be sentenced to jail for the infraction itself.

Common Examples

• Traffic Violations: Speeding, running a red light, or improper lane usage.
• Parking Violations: Blocking a hydrant or parking in a prohibited zone.
• Municipal Infractions: Noise violations, littering, or sidewalk obstructions.
• State Civil Infractions: Minor in Possession (MIP) - first offense or certain conservation violations.

📝 How a Case Begins

​A civil infraction action usually starts when a law enforcement officer serves you with a written citation. This citation acts as a "summons" and "complaint," officially notifying you of the charge and commanding you to respond.

• Parking Tickets: These may be placed on your vehicle or mailed to the registered owner.
• Land Use Violations: For building or structure infractions, officials may post the citation at the site and mail a copy to the owner.

⚖️ Your Three Options to Respond

​Once you receive a citation, you generally have 14 to 15 days to take action. You have three primary ways to respond:
1. Admit Responsibility
You acknowledge the violation and pay the associated fine.

• Warning: Admitting responsibility for a moving violation will likely result in points on your Michigan driving record.

2. Admit Responsibility with Explanation
You admit you committed the act but want to explain the circumstances to a judge or magistrate. This is typically done to request a reduction in fines or costs.

3. Deny Responsibility (Contest the Ticket)

If you believe you did not commit the infraction, you can request a hearing.

• Informal Hearing: Held before a magistrate or judge. No attorneys are allowed for either side, and the officer who issued the ticket must attend.
• Formal Hearing: A more traditional court proceeding where you (and the police officer) may be represented by an attorney.

⚠️ The Dangers of Ignoring a Citation

Ignoring a ticket is one of the most common legal mistakes. If you fail to appear or respond, the court must take the following actions:

1. Enter a Default Judgment: The court automatically decides you are responsible.
2. Impose Sanctions: You will be ordered to pay the maximum fines and costs.
3. License Suspension: For traffic violations, the court will notify the Secretary of State, who will suspend your driver's license until the matter is resolved.

Pro Tip: If you missed your court date by accident, you have 14 days from the date the notice was sent to file a motion to set aside the default judgment. You must provide a reason for missing the date and post a cash bond.

If you are facing a civil infraction that could impact your commercial driver's license (CDL), insurance rates, or driving privileges, consulting a traffic attorney can help you navigate the hearing process and potentially reduce the charges.

Have you already received a notice of default, or are you still within your 14-day window to respond?