In Birmingham like all the towns in the state, they use the Michigan Motor Vehicle Code. Under this Code, every offense that is a moving violation carries the potential for demerit points. These points are statutorily regulated so a conviction or a finding of responsibility on a ticket or in charge automatically accrues points. The maximum points they can accrue out of any particular incidents is six points, but there are also many charges that come with fewer points.
If you have been pulled over and charged with a moving violation or issued a ticket, you may be wondering what the effect of points on a license in Birmingham is and the severity of the situation you are in. By speaking with an experienced traffic attorney, you could get a better idea of what ramifications poor driving habits carry. With enough points on a license, drivers may have their license suspended or even revoked meaning even the smallest ticket could be a serious issue.
Demerit Point Basics in BirminghamIn the State of Michigan, points stay on their driving record for two years from the date of entry. After that, the points are removed from the record. However, it is important to understand that just because the points fall off does not mean that that incident is removed from the driving record immediately. Most violations stay on a driver’s record for up to seven years, even if there are no longer points on the license.
Some offenses, such as drunk driving, reckless driving, and incidents involving the injury or death of another person may stay on the record permanently. This means that an insurance provider could see driving infractions for much longer than the two years at the point stay on, generally raising premiums.
When a driver accumulates 12 points, they are required to go to a hearing to demonstrate they are capable of being a safe and effective driver. Prior to that point, there will be a warning letter sent telling the individual that an accumulation of too many points will jeopardize their license. At that hearing, the hearing officer may judge that the driver is unsafe and consequently revoke, suspend, or restrict their license. When facing a hearing like this, it may be wise to consult with an experienced Birmingham traffic violation attorney to combat the negative effects of points on a driver’s license.
Points From Other JurisdictionsBirmingham does include points for infractions committed outside of the State of Michigan. All Michigan licenses are controlled by the state. Birmingham does not have the availability to put points on their license outside of their own individual traffic infractions being reported to the Secretary of State. It is up to the Secretary of State of Michigan to determine what violations have occurred in which jurisdiction and assign the appropriate level of points. If points are accumulated outside of the State of Michigan, Michigan will look to its statute to determine if there are similar infractions here in the State of Michigan and assign a similar sanction, usually including points.
Challenging Points Assessed on a License in BirminghamIn order for a Birmingham driver to mitigate the effect of points on their license, they may wish to challenge the points as they are being assessed. This must be done while the ticket or charge is pending as once there is a conviction or a finding of responsibility, the points are automatically assigned. The best chance of fighting against any points is to attack the ticket or charge immediately at the court to try and come up with an alternative resolution. It may be possible to have the charge or ticket completely dropped or have it commuted to a non-moving violations.
It is possible to appeal points assessed, but drivers must prove that either the charge entered by the Secretary of State was not the charge found at court level, or prove that the driver was not the person who committed the offense. Even with the help of a dedicated traffic attorney in Birmingham, it is difficult to successfully appeal points.
How an Attorney in Birmingham Could Help With Traffic DemeritsBirmingham traffic lawyers could help drivers by fighting to prevent the points from ever being entered or by appealing them after they have been assigned. In order to minimized the effects of points on a license in Birmingham, it is essential to call an attorney as soon as you receive a ticket, moving violation, or charge. The points will fall off your record two years after the incident, but having them at any point may put you at risk for more severe penalties like suspension, restriction, or revocation as well as raising your insurance costs. Call an experienced traffic violation legal team today to start protecting your license and right to drive.