Oakland County Attorneys For Traffic Offenses
Traffic Violations Defined
Traffic violations are civil infractions. Types of traffic violations range from the not so serious offenses, such as parking in an unauthorized zone, to the serious offenses, such as operating under the influence of liquor or drugs. A traffic violation can either be classified as a misdemeanor or a felony, depending on the type of infraction.
Each traffic violation carries is own set of punishments. The less serious offenses often require payment of a fine and/or participation in a special program. The more serious offenses can include jail time.
Additionally, points may be added to your driving record. Michigan has a point system, in which each traffic violation has a point value. The point values range from one (1) to six (6).
How to Resolve a Traffic Violation
When a person receives a ticket for a traffic violation, that person has one (1) of four (4) ways to respond:
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Admit responsibility and pay any fines;
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Admit responsibility with an explanation;
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Under this category a magistrate will review your case and mail you his or her decision.
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Deny responsibility and request an informal hearing; or
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Deny responsibility and request a formal hearing in front of a judge.
Immigration Impact
If you are charged with a crime, and are not a U.S. Citizen, the criminal charge alone may negatively impact your immigration status and/or your ability to apply for nonimmigrant and/or immigrant status.
Under immigration law, a conviction or guilty plea, itself, will not subject a person to deportation proceedings. In order for a person to be subject to deportation proceedings the crime must be one of “moral turpitude.”
However, if a person is found guilty of a traffic violation, the next time that person applies for a visa at the United States Embassy or Consulate, he or she will be subjected to additional scrutiny including drug and alcohol testing. While a single minor traffic violation may not render a person inadmissible, multiple convictions of a traffic violation or a traffic violation plus an additional charge, may subject a person to be inadmissible to the United States.
Additionally, if a person seeks an immigration benefit through the Department of Homeland Security, or the Department of State (Embassies and Consulates), he or she will be required to submit a certified copy of a police report, any and all court orders relating to his or her criminal background, and proof of completion of probation or parole (if applicable). The Department of Homeland Security, or the Department of State (Embassies and Consulates) would still have a record of the initial charge, the reduced charge, and disposition. Ultimately the Department of Homeland Security, or the Department of State (Embassies and Consulates) will have complete access to a person’s criminal records, and will exercise their own discretion. In the future, if any criminal matter is expunged or dismissed, police report(s) and court disposition will always be required, regardless of the age of the offense.
A traffic violation should always be taken seriously, no matter what the offense. If not handled properly, a traffic violation can significantly negatively impact your driving record and/or ability to legally operate a vehicle. Points on your driving record can take years to remove. Driving on a suspended or revoked license will cost additional money to reinstate, and a person may face additional charges and/or be subject to imprisonment if caught driving on a suspended or revoked license.
You will need the Ray Law advantage, and the expertise of our attorneys to properly and successfully handle your case. We will fight to ensure that the traffic violation will not negatively impact your record.
Ray Law International specializes in both criminal and immigration law. Here at Ray Law we have the best attorneys to represent you in the court of law, as well as the best attorneys to successfully represent you through the immigration process.
Use the Ray Law Advantage!