The Michigan Vehicle Code, specifically Act 300 of 1949, outlines the legal framework for vehicle operation and traffic enforcement within the state. Section 257.727c of this act is crucial as it defines and details the “citation” – a fundamental document in addressing vehicle law violations. This section clarifies what constitutes a citation in Michigan, its format, and the legal implications associated with it.
What is a Michigan Uniform Law Citation?
According to the Michigan Vehicle Code, a “citation” is officially defined as a complaint or notice issued by a police officer. This document serves to record an instance where an individual has allegedly violated one or more vehicle laws. Each citation in Michigan adheres to a strict structure to ensure uniformity and legal validity across the state. These citations are pre-numbered consecutively and follow a form determined by a collaborative effort of key Michigan state officials: the secretary of state, the attorney general, the state court administrator, and the director of the department of state police.
The Michigan Uniform Law Citation is comprised of several parts, each serving a distinct purpose in the legal process:
- (a) The Original: This is the primary document acting as the official complaint or notice to appear in court. The officer files this original citation directly with the court where the cited individual is required to appear.
- (b) First Copy: The local traffic enforcement agency retains this copy for their records and administrative purposes.
- (c) Second Copy: In cases of misdemeanor violations, this copy is provided to the alleged violator as formal notification.
- (d) Third Copy: For civil infraction violations, this copy is delivered to the alleged violator.
Flexibility and Use of the Citation
While the form and parts of the citation are standardized, the Michigan Vehicle Code acknowledges the need for flexibility. Subsection (2) of Section 727c allows for modifications to the citation’s content or the number of copies. These adjustments can be made with prior approval from the same state officials who determine the original form (secretary of state, attorney general, state court administrator, and director of state police). This provision accommodates varying law enforcement and local court procedures across different jurisdictions within Michigan. Furthermore, it’s important to note that the use of this standardized citation is optional for violations that are not moving violations, providing further adaptability for law enforcement.
Complaint Under Oath and Perjury
Subsection (3) of Section 727c addresses the legal standing of a complaint signed by a police officer. For the purposes of the Michigan Vehicle Code, a complaint signed by an officer is considered to be made under oath under specific conditions. This applies to violations classified as either a civil infraction, a misdemeanor, or an ordinance violation. The critical condition is that the maximum penalty for such violations must not exceed 93 days in jail or a fine, or both. Additionally, the violation must have occurred in the officer’s presence or under circumstances that legally permit the officer to issue a citation as outlined in sections 625a or 728(8) of the act.
To reinforce the “under oath” status, the complaint must include a specific statement directly above the officer’s signature and date: “I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief.” This statement underscores the seriousness of the complaint and the officer’s attestation to the truthfulness of the information provided, subject to perjury laws.
In summary, Section 257.727c of the Michigan Vehicle Code provides a comprehensive definition and framework for the uniform law citation in Michigan. It ensures clarity, standardization, and legal integrity in the process of addressing vehicle law violations, while also allowing for necessary flexibility and outlining the conditions under which a police complaint holds the weight of testimony under oath.
