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Should a no turn signal ticket me a waivable ticket? not a civil infraction? basically shouldnt it be a fix-it-ticket?
Anonymous2 views2 answers
turn signal does not work properly, would turn on, but not blink, so i always turned it on and off manually. officer stated i failed to use it, then stated it was "strobe lighting"? doesn't make much sense. turns on and off when officer asked me to show her, but to my knowledge this should be something i have to get fixed then have a cop sign off on it right? this happened when i was out of town, on a friday night i received this ticket. got home saturday, got it fixed by my work on monday, have a receipt for it. court says i still have to pay the fine, but i got it fixed, how can a defective equipment issue still be a ticket i have to pay?
Mark T EvelyEstate Planning AttorneyPlymouth, MIMI licensed ·
Defective equipment and failure to signal tickets are both civil infractions. Whether the ticket is waivable or not depends on what the officer cited you for. If the citation is written under MCL 257.683, then it is waivable. If written for anything else, it is not. It is a common misconception that all defective equipment tickets are waivable. That is the law that applies if the citation was written under Michigan Compiled Laws. If the statute was written under local ordinance, then different rules may apply.
That said, you could still try to fight it. You could argue that the citation itself is defective because it does not state what statute or ordinance you were cited under.
A defective equipment ticket is a non-abstractable civil infraction. This means that you will only pay a fine. There are no points added to your license, and the Secretary of State is not informed about the information. In terms of traffic tickets, this is about as good as you are going to get, absent a full dismissal of the ticket. You could fight the ticket, hire an attorney, and demand a formal hearing, whereby the prosecuting official might agree to dismiss the ticket. But most attorneys will charge you at least the price of the ticket to handle that type of work. In this situation, it probably is the economical move to just suck it up and pay the fine on the ticket.
