The Michigan Vehicle Code, specifically Section 257.727c, provides a detailed definition and breakdown of what constitutes a citation within the state’s legal framework. This section is crucial for law enforcement officers, legal professionals, and anyone who might receive a traffic ticket or be involved in vehicle law violations in Michigan. Understanding the nuances of the State Of Michigan Uniform Law Citation is essential for navigating the legal process correctly.
Defining “Citation” Under Michigan Law
According to the Michigan Vehicle Code, a citation is officially defined as a “complaint or notice” issued by a police officer. This document records an instance where an individual has allegedly violated one or more vehicle laws. Every citation in Michigan must adhere to a specific structure and sequence, ensuring uniformity and legal clarity across the state.
Each state of michigan uniform law citation is required to be:
- Numbered Consecutively: This ensures accountability and helps in tracking citations within the system.
- Standardized Form: The form is jointly determined by key state officials, including the secretary of state, attorney general, state court administrator, and the director of the department of state police. This collaborative approach guarantees that the citation is legally sound and practically usable across different jurisdictions.
- Composed of Multiple Parts: The citation is designed with a multi-copy system to serve different functions and parties involved:
- (a) The Original (Complaint or Notice to Appear): This is the official document filed with the court where the cited individual is required to appear.
- (b) First Copy (Agency Retention): The local traffic enforcement agency keeps this copy for their records and internal processing.
- (c) Second Copy (Misdemeanor Violations): This copy is given to the alleged violator if the infraction is classified as a misdemeanor, a more serious offense.
- (d) Third Copy (Civil Infractions): For civil infractions, which are less severe than misdemeanors, the alleged violator receives this third copy.
Flexibility and Modification of Citations
While uniformity is key, the law also acknowledges the need for flexibility to accommodate diverse local procedures. Subsection (2) of Section 727c allows for modifications to the state of michigan uniform law citation. With prior approval from the same state officials who determine the initial form, the citation can be adjusted in content or the number of copies. This adaptability ensures that the citation can effectively integrate with various law enforcement and local court practices throughout Michigan.
Furthermore, the use of this standardized citation is specifically mandated for moving violations. However, its application extends optionally to other types of violations, offering a versatile tool for law enforcement beyond just traffic offenses.
Citations as Complaints Under Oath
Subsection (3) addresses the legal standing of a citation signed by a police officer. It stipulates that under certain conditions, a signed complaint is treated as if it were made under oath. This is a significant provision that streamlines legal processes for minor offenses.
A police officer’s signed citation is considered made under oath if:
- The violation is a civil infraction, a misdemeanor, or a local ordinance violation.
- The maximum penalty for the offense does not exceed 93 days in jail, a fine, or both.
- The violation occurred in the officer’s presence or under circumstances where the officer is authorized to issue a citation without a warrant (as per sections 625a or 728(8) of the Michigan Vehicle Code).
- The citation includes a specific perjury statement just 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 “declaration under penalty of perjury” clause adds legal weight to the officer’s statements on the citation, reinforcing the integrity and reliability of the document in court proceedings.
Conclusion
The state of michigan uniform law citation, as defined by Section 257.727c of the Michigan Vehicle Code, is more than just a traffic ticket. It is a legally structured document designed to ensure fairness, clarity, and efficiency in enforcing vehicle laws across Michigan. Understanding its components, modifications, and the implications of a signed citation is crucial for both law enforcement and citizens alike in navigating the legal landscape of Michigan’s roads.
