Michigan Laws 257.743 – Contents of citation issued pursuant to MCL 257.742; timely appearance
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Terms Used In Michigan Laws 257.743
- citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Plaintiff: The person who files the complaint in a civil lawsuit.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) A citation issued pursuant to section 742 shall contain the name of the state or political subdivision acting as plaintiff, the name and address of the person to whom the citation is issued, the civil infraction alleged, the place where the person shall appear in court, the telephone number of the court, the time at or by which the appearance shall be made, and the additional information required by this section.
(2) The citation shall inform the defendant to the effect that he or she, at or by the time specified for appearance, may:
(a) Admit responsibility for the civil infraction in person, by representation, or by mail.
(b) Admit responsibility for the civil infraction “with explanation” in person, by representation, or by mail.
(c) Deny responsibility for the civil infraction by doing either of the following:
(i) Appearing in person for an informal hearing before a district court magistrate or a judge without the opportunity of being represented by an attorney.
(ii) Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney.
(3) The citation shall inform the defendant that if the person desires to admit responsibility “with explanation” other than by mail or to have an informal hearing or a formal hearing, the person must apply to the court in person, by mail, or by telephone, within the time specified for appearance and obtain a scheduled date and time to appear for a hearing. A hearing date may be specified on the citation.
(4) The citation shall contain a notice in boldface type that the failure of a person to appear within the time specified in the citation or at the time scheduled for a hearing or appearance will result in entry of a default judgment against the person and in the immediate suspension of the person’s operator’s or chauffeur’s license. Timely application to the court for a hearing or return of the citation with an admission of responsibility and with full payment of applicable civil fines and costs constitute a timely appearance.
(5) If the citation is issued to a person who is operating a commercial motor vehicle, the citation shall contain a vehicle group designation and indorsement description of the vehicle, which vehicle is operated by the person at the time of the alleged civil infraction.