For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

What Impact do Traffic Points have on my Driving Record?

We live in a state with a points system where every point matters and they can add up to license suspensions, revocations, all in addition to state imposed Driver’s Responsibility fees (Drivers with seven points or more on their driving record will receive yearly fee assessments). In Michigan, once points have been added to your record after a conviction, they cannot be removed for 2 years. That is precisely why you need to take every speeding ticket very seriously.

There is a direct correlation between automobile insurance rates and traffic tickets. Drivers who speed, disobey red lights, or fail to heed other signals or signs on the roadway are statistically more likely to cause damage to people and/or property. Such drivers are the ones most likely to experience automobile insurance increases.

Additionally, according to Michigan law some traffic violations are civil infractions while others are misdemeanors or felonies. Depending on the violation and how it is resolved, you may be fined, referred to a special program or, in the most serious situations, sent to jail. In most cases, if you do not take care of a traffic ticket, your driver’s license will be suspended.

Each time you are convicted of a traffic violation, you will have to pay certain court fines and costs. In addition, points may be posted to your driver record. Under Michigan’s point system, each traffic violation has a point value, which is set by law in the Michigan Vehicle Code. Points are placed on your driver record only after you have been convicted or found guilty of or responsible for a civil infraction. The Secretary of State cannot set aside a court conviction or the points for it. The following list shows the points for some traffic violations:

Points For Some Traffic Convictions*

Six Points:

• Manslaughter, negligent homicide, or other felony involving use of a motor vehicle.
• Operating under the influence of liquor or drugs.
• Failing to stop and give identification at the scene of a crash.
• Reckless driving.
• Unlawful bodily alcohol content of 0.08 or more.
• Refusal to take a chemical test.
• Fleeing or eluding a police officer.

Four Points:

• Drag racing.
• Operating while visibly impaired.
• Under age 21 with any bodily alcohol content.
• 16 mph or more over the legal speed limit.
• Failure to yield/show due caution for emergency vehicles.

Three Points:

• Careless driving.
• Disobeying a traffic signal or stop sign or improper passing.
• 11 through 15 mph over the legal speed limit.
• Failure to stop at railroad crossing.
• Failure to stop for a school bus or for disobeying a school crossing guard.

Two Points:

• 10 mph or less over the legal speed limit.
• Open alcohol container in vehicle.
• All other moving violations of traffic laws.
• Refusal of Preliminary Breath Test (PBT) by anyone under age 21.

*Please note that snowmobile and off-road vehicle (ORV) alcohol-conviction points are placed on a driver record and may result in licensing action against your driving privileges even though the violation happened while operating a snowmobile or ORV.

For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

So how much will my insurance go up?

The amount of any increase and for how long you will be paying the increased rates depends on several factors, including:

1. Your driving record.

While a first offense may very well lead to an increase in insurance rates, multiple moving violations are that much more likely to have an adverse affect on the amount you pay for automobile insurance.

2. Your history/relationship with the insurance company.

If you have a long history of excellent driving while with a particular insurance company, it may take a little more to see a rate increase than it would for a driver with a similar driving history who is new to the insurance company.

3. The type of moving violation(s) in question.

Again, insurance companies are trying to determine which drivers are a safety concern and most likely to cause damage to people or property. (i.e. there is a difference, between a careless driving ticket and a traffic ticket issued for say, double parking.) However, even minor traffic tickets can and normally do lead to an increase in insurance rates.

While there are many factors to consider and it is difficult for anyone to say exactly how much a traffic ticket will increase your car insurance, traffic tickets do normally lead to higher automobile insurance rates.

For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

Our Familiarity with Traffic Court…

One of the greatest advantages of hiring our firm is the connections we bring to the process. Typically we know the prosecutor and the judge and can negotiate a better deal than you could on your own. For this reason, looking for an attorney who practices in the county where you were ticketed is particularly helpful, that said we regularly practice in the counties of Oakland, Macomb, Wayne, and Lapeer. What follows below is a complete list of traffic matters, our firm has recently handled. Our track record speaks for itself.

Detroit, MI: Disobey Traffic Control Device, Speeding 65 in a 50, Reduced to Zero Points and not reported to Secretary of State.

Madison Heights, MI: Fleeing the Scene of an Accident, a misdemeanor punishable by up to 93 days in jail, Reduced to two Point Civil Infraction, no jail time and client maintains a clean record.

Troy, MI: Speeding 57 in a 40, Reduced to Zero Points and not reported to Secretary of State.

Lapeer, MI: Speeding 65 in a 50, Reduced to Zero Points and not reported to Secretary of State.

Sterling Heights, MI: Speeding 58 in a 40, Reduced to Zero Points and not reported to Secretary of State.

Royal Oak, MI: Speeding 90 in a 70, Reduced to Zero Points and not reported to Secretary of State.

Troy, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident), Reduced to Zero Points and not reported to Secretary of State.

Sterling Heights, MI: Disobey Traffic Control Device, Reduced to Zero Points and not reported to Secretary of State

Novi, MI: Disobey Traffic Control Device, Speeding 65 in a 50, Reduced to Zero Points and not reported to Secretary of State

Berkley, MI: Speeding 64 in a 40, Client had a Blood Alcohol Content of 0.079, Reduced to Zero Points and not reported to Secretary of State.

Sterling Heights, MI: Speeding 63 in a 50, Reduced to Zero Points.

Sterling Heights, MI: Speeding 55 in a 30, Reduced to Zero Points and not reported to Secretary of State.

Lapeer, MI: Speeding 75 in a 55, Reduced to Zero Points and not reported to Secretary of State

Oak Park, MI: Speeding 43 in a 30, Reduced to Zero Points and not reported to Secretary of State

Warren, MI: Speeding 43 in a 30, Case Dismissed.

Detroit, MI: Disobey Traffic Control Device, Speeding 42 in a 35, Obstructed Vision. Case Dismissed.

Rochester Hills, MI: Careless Driving, Reduced to Zero Points and not reported to Secretary of State

Troy, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident), Reduced to Zero Points and not reported to Secretary of State.

Lapeer, MI: Speeding 70 in a 50, Reduced to Zero Points and not reported to Secretary of State

Romulus, MI: Speeding 85 in a 70, Reduced to Zero Points and not reported to Secretary of State.

Southfield, MI: Disobey Traffic Control Device, Reduced to Zero Points.

Rochester Hills, MI: Careless Driving, Reduced to Zero Points and not reported to Secretary of State.

Clawson, MI: Speeding 50 in a 40, Withdrawn Plea, Reduced to Zero Points and not reported to Secretary of State

Berkley, MI: Speeding 46 in a 30, Reduced to Zero Points and not reported to Secretary of State.

Oak Park, MI: No Operator’s License, a misdemeanor punishable by up to 93 days in jail, Case Dismissed.

West Bloomfield, MI: Careless Driving, Reduced to Zero Points and not reported to Secretary of State

Rochester Hills, MI: Speeding 55 in a 40, Reduced to Zero Points

St. Clair Shores, MI: Speeding 95 in a 70, Reduced to Zero Points

Ferndale, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident w/ a Pedestrian), Reduced to Zero Points and not reported to Secretary of State.

Farmington, MI: Failure to Stop Assuring a Clear Distance (Causing an Accident), Reduced to Zero Points and not reported to Secretary of State.

Livonia, MI: Careless Driving, Reduced to one Point. Client had a horrendous driving record with three prior accidents within the past two years.

Detroit, MI: Speeding 55 in a 40, Driving too fast for conditions, Driving in the incorrect lane. Case Dismissed.

Detroit, MI: Speeding 50 in a 40. Case Dismissed.

Rochester Hills, MI: Speeding 50 in a 40, Reduced to one Point. Client had ten prior points on his record.

Oak Park, MI: Operating While Intoxicated, a misdemeanor punishable by up to 93 days in jail, mandatory license suspension, and $2,000 + in Driver’s Responsibility fees. Case Dismissed after suppression hearing.

Oak Park, MI: Driving While License Suspended, a misdemeanor punishable by up to 93 days in jail, reduced plea, $100.00 fine, no jail time and no probation.

Farmington Hills, MI: Disobey Traffic Control Device, Reduced to Zero Points.

West Bloomfield, MI: Two Counts of Driving While License Suspended, two Probation Violations, reduced plea. All Four Counts Dismissed, no jail time.

For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.

Commercial Driver License

Traffic tickets for commercial drivers with commercial driver licenses (CDL) can carry more severe penalties than the same speeding ticket violations for non-commercial drivers because commercial drivers are generally considered to have an extra responsibility to traffic safety.

Commercial Drivers spend more time on the road than the average driver. Where the average person drives to work, a CDL holder drives for work. As such, the State of Michigan does its best to insure that the drivers who spend much of their time on the road are the safest and most responsible of all drivers.

For more information about traffic law or to retain Garmo & Kiste, PLC, call us at (248) 398-7100 for a free consultation.