What is a Michigan Impeding Traffic Ticket?
A Michigan Impeding traffic ticket means that a driver is obstructing the normal flow of traffic such as blocking the road or driving in a manner that interferes with the reasonable flow of traffic. The Michigan statute dealing with impeding traffic ticket is MCL 257.676b and provides in pertinent part:
“(1) Subject to subsection (2), a person, without authority, shall not block, obstruct, impede, or otherwise interfere with the normal flow of vehicular or pedestrian traffic upon a public street or highway in this state, by means of a barricade, object, or device, or with his or her person.”MCL 257.676b
What are the penalties for an Impeding Traffic Ticket?
An Impeding traffic offense is a civil infraction which means it is punishable by a fine. The fine is decided by the judge in whatever district court jurisdiction the offense took plane. The fines and court costs usually run around $175.00. It is important to note that as a civil infraction an impeding traffic ticket cannot result in any jail time.
How long does impeding traffic stay on your record in Michigan?
An impeding traffic citation is also treated as a nonmoving offense. As a nonmoving offense it will not result in any points being added to your DMV Michigan Master Driving Record. It is important to remember that in Michigan if a driver accumulates 12 points on their master drivers record their license to drive in the State of Michigan will be suspended.
Can you fight an impeding traffic ticket in Michigan?
When you are pulled over and receive an impeding traffic ticket in Michigan you have two choices:
You can accept responsibility, and pay the fine within fourteen days. You can pay the fine at the Courthouse, by mail, or in many Courts online. The fines and costs will be around $175.00. It is important to pay court fine within the timelines given or the Court could enter a default judgement against you. A default is means you are guilty of the offense and your license could be suspended.
You can also plead not guilty, and fight the impeding traffic ticket. Fighting the ticket would involve asking for a formal hearing or an informal hearing in front of either a magistrate or a judge. This hearing takes place in the District Court that has jurisdiction over the geographic area that the alleged offense took place.
An impeding traffic ticket is a very subjective determination by the officer that issued the ticket. It is this determination that would be an issue at the formal hearing. It is at the formal hearing that you would also present evidence that you want considered by the Court. Often if you have a compelling explanation to present to the Court an Impeding Offense Ticket can be dismissed. As with any matter it is always advisable to have an attorney when you have a court matter. There are Michigan Court rules and rules of criminal procedure that have to be followed. If you are not an attorney you will still be expected to follow the applicable court rules.
As you can see yes you can fight an impeding traffic offense. It is best to talk to an experienced traffic defense attorney before making that decision.
What are the defenses and exceptions to the impeding traffic ticket?
There are also exceptions to the statute pertaining to Impeding Traffic that a skilled traffic lawyer can assist you. The Michigan Code provides for exceptions including police and firefighters, construction workers, pedestrians crossing the road without a crosswalk. In addition, if you are working for a charitable cause and certain steps are taken, you cannot be found liable for an impeding traffic offense.
Consult a Michigan Traffic Defense Lawyer
You have a right to a hearing on an impeding traffic ticket in Michigan. There are also many defenses to an impeding traffic ticket and you should consult with an experienced Michigan traffic defense lawyer to review the facts around your case. At Bruce Law Firm we have experienced traffic defense attorneys that can assist you to determine of any of these exceptions can be applied to your case. Call today for a free consultation.