Expungement

Beating Traffic Tickets in Macomb, Oakland & Wayne Counties

October 1, 2021 | Abdo Law Firm

Matthew S. Abdo & Cy M. Abdo

What is the difference between criminal traffic tickets and civil infractions?

Traffic offenses are classified as non-criminal or criminal. A non-criminal traffic violation is called a “civil infraction”. Civil infractions do not carry any jail and do not go on an offender’s criminal record. A fine is often imposed for a civil infraction and they usually carry points that will be abstracted on the offender’s driving record. A criminal traffic violation almost always carries points, a fine, along with possible jail and probation. Click here for a link to the Michigan Secretary of State Point System.

In this article, ABDO LAW will explain the differences between various traffic offenses and why you should fight every traffic ticket to avoid points and higher insurance premiums. Avoiding a criminal record may be an additional goal if you are charged with a criminal traffic offense such as leaving the scene of an accident, driving while license suspended or reckless driving. The Michigan Traffic Offense Code contains a complete list of all Michigan traffic offenses along with penalties, points and license sanctions. Here are the goals that we have when we fight a traffic ticket:

Avoid points
Avoid any offense on driving record
Avoid higher insurance premiums
Avoid a criminal traffic conviction

Civil Infractions: A civil infraction can result in the following sanctions: points on your driving record with secretary of state and monetary sanction (fine) to the court system. Not all civil infractions result in points or go on your driving record. If you are wondering, there are a few civil infractions which we can get in a plea deal to resolve a traffic ticket and keep a client’s record clean. The following offenses do not appear on your record and do not carry any points: double parking, impeding traffic and sudden acceleration. Yes, the court remains able to assess a fine for these matters. However, insurance rates will not be impacted since these offenses do not show up on your record. That makes it a huge deal to get a traffic offense reduced to a civil infraction which DOES NOT appear on your driving record. Here are a few examples of common civil infractions that can hurt you because they carry points and appear on your driving:

Civil Infractions

Speed 1 to 10 mph over limit, 2 points
Speed 11 to 15 mph over limit, 3 points
Speed Over 15 mph over limit, 4 points
FTSACD (rear end accident), 2 points
Disobey stop sign, 3 points
Disobey traffic signal, 3 points
Careless driving, 3 points

Criminal Traffic Violations: When an offense is labeled a crime or criminal traffic violation, it can carry the following sanctions: points, fine, court costs, possible jail and probation. If the matter is a misdemeanor traffic violation, it can carry up to 2 years probation. A felony involving a motor vehicle (such as fleeing or OWI 3rd), can carry up to 5 years probation. Most criminal moving traffic violations carry 6 points. Here is a list of the most common criminal traffic offenses that are also some of the most prevalent misdemeanors that appear in every district court located in the counties of Macomb, Oakland, Wayne and St. Clair:

Criminal Traffic Offenses

Reckless Driving
Fail to stop after accident
Fleeing and eluding
Drunk driving (OWI)
Driving while license suspended (DWLS)

Insurance companies get rich when you just pay a traffic ticket!

Don’t surrender to the police, courts and insurance companies when you get a traffic ticket! There is never any benefit to just paying a ticket without trying to fight it. Absolutely Never! Based upon our experience, traffic tickets are fought and won every day in every Metro Detroit district court located in Macomb, Oakland and Wayne counties. Fighting a traffic ticket with an experienced local attorney can save you from getting jammed points and up with higher insurance premiums.

There are ways to avoid points and avoid a ticket from getting abstracted on a driving record?

Yes, there are ways to get traffic tickets under control by avoiding any points and avoiding anything from appearing on an offender’s driving record. Most of the time, an attorney can negotiate for reduction of the ticket which usually means less points. When this occurs, the ticket is amended to an offense such as “impeding traffic” or “double parking” which are zero point violations that do not appear on the driving record. We understand that you might be thinking that “impeding traffic” or “double parking” do not have anything to do with the original ticket. However, the key is to AVOID POINTS and AVOID A RECORD!

Clean Slate Law Allows for Expungement of Certain Criminal Traffic Violations

Prior to 2021, a criminal traffic violation was could NOT be expunged in Michigan. Now, under Michigan’s new expungement rules, certain traffic misdemeanors may be expunged. Also, effective February 19, 2022, an individual may be eligible to get one offense expunged for operating while intoxicated or impaired. There are exceptions to this rule and the following offenses involving a motor vehicle are not eligible for expungement:

Any traffic violation involving an injury or death.

Effective on February 19, 2022, a first and only driving under the influence can be expunged. Whenever in doubt, contact an expungement lawyer to find out if your case is eligible for expungement.

Links to Macomb and Surrounding Area Courts

Here is a sample of courts that surround our office where we frequently practice and have had success in getting thousands of tickets dismissed!

Article by Macomb County Drug Crimes Lawyer: Cooperation/Acting as an Informant for the Police

March 1, 2021 | Abdo Law Firm

What does it mean to provide cooperation, snitch or be an informant for the police?

Cooperation, using the little fish to get the big fish, is a major law enforcement tactic utilized everywhere and every day in the United States to gain information that would otherwise be next to impossible to obtain. This practice is also used extensively in the County of Macomb as a means to frustrate illegal drug activity. An offer to cooperate can arise during a criminal investigation or following an arrest or at any stage of a criminal case.

The concept of “cooperation” with the police (also called “snitching” or “acting as an informant”) occurs when the police utilize an individual to obtain information that would otherwise be difficult to discover. Those asked to provide cooperation are usually in trouble with the law (busted for a drug crime) and are promised consideration in the legal system in return for providing assistance. Assistance is expected to be substantial and typically involves undercover work with narcotics agents or special units. The informant is rarely advised of his or her rights and other options. The informant may later be required to testify as a witness in subsequent court proceedings unless given protection as a confidential informant (CI).

The use of informants by the government has existed for more than a 1,000 years and remains widely used today by the government and the police to:

Make other busts, raids, seizures,
Support an arrest or search warrant
Bolster connections to infiltrate criminal enterprise(s),
Flush out targets or bigger fish, and,
Make progress in an investigation that is stuck in the mud.

Getting into Something that is Over Your Head

As we explain in this publication, cooperation or snitching, is a tool used by law enforcement officers to combat criminal activity and is most often associated with drug crimes. Cooperation with the police is seldom ever considered because drug crimes, especially for first offenders, can be resolved with excellent results in most cases without working with the police. In addition, you need the advice of an attorney to explain your legal rights and all of the possible risks associated with cooperation, including the following:

Your safety is not assured
Your assistance may be declared insufficient by the police
Criminal charges may still be pursued against you
Cooperation ends when the police say it ends
Cooperation may require engaging in bigger drug deals than justified under the circumstances to get a deal in the legal system

Cooperation (snitching) is usually arranged while the accused person is caught red handed while engaged in illegal activity or in police custody for a criminal offense. Unfortunately, the police may use these scenarios as opportunities to take advantage of the situation by threatening prosecution or by persuading the party with incentives to cooperate that include: immediate release from jail and consideration to get all criminal charges dropped. Upon being released from jail, the unwary person will be instructed to contact an undercover officer for further instructions and discouraged from contacting a criminal defense lawyer. An individual that immediately chooses this route is placing his or her trust with the same law enforcement officers that will be testifying for the prosecution should criminal charges later be pursued.

What the Police Won’t Tell You about Cooperation Can Hurt You

The police are not required to give legal advice or explain every other possible option when attempting to engage an individual to become an informant. The police will not tell you that your case can be worked out without cooperation or that an attorney can fight the case if it is based upon an illegal search. Here are just a few other legal rights that you forego when you agree to cooperate with the police:

4^th Amendment Constitutional right to be free from unreasonable searches
5^th Amendment Constitutional right to remain silent
6^th Amendment Constitutional right to an attorney
Your right to assert legal defenses to the alleged criminal charges (mere presence, lack of possession)
Your right to get your drug crime anywhere in Michigan dismissed pursuant to MCL 333.7411 or HYTA

In addition to the above, the police won’t tell you that most drug crimes are manageable in the court system with the services of a criminal defense lawyer. Scare tactics are not uncommon as a means to harvest an informant who is lead to believe that there is no hope in the legal system without providing cooperation. In fact, the majority of offenders are not looking at jail, may be eligible to get a felony reduced to a misdemeanor and have other excellent options to get the charge(s) dismissed pursuant to MCL 333.7411 or HYTA without providing any cooperation whatsoever to the police!

Cooperation in the Federal Court System

Federal criminal prosecutions are handled in a much more formal manner. In the Federal court system, the issue of cooperation is much different than what we see at the state court level. In the Federal system, special formalities and agreements exist. They involve both the District Attorney and at least one law enforcement agency; usually the Federal Bureau of Investigation (FBI) or the Drug Enforcement Agency (DEA). In the Federal arena, cooperation is prevalent and can be a factor to avoid a mandatory minimum sentence. The following language is contained within a Federal Plea and Cooperation Agreement:

“If the defendant commits any crimes or if any of the defendant’s statements or testimony prove to be knowingly false, misleading, or materially incomplete, or if the defendant otherwise violates this Plea and Cooperation Agreement in any way, the government will no longer be bound by its representations to the defendant concerning the limits on criminal prosecution and sentencing as set forth herein.”

Michigan Expungement Reform: Clean Slate Law

October 19, 2020 | Abdo Law Firm

Michigan’s clean slate law makes it possible to get a fresh start and wipe out several prior convictions including one offense for drunk driving.

Summary of Michigan’s Clean Slate Law

Michigan’s expungement law has been broadened to allow for more offenses to be expunged on an individual’s criminal record than at any other time in history. MCL 780.621 contains the provisions of Michigan’s expungement law. The following is a summary of this law:

Individuals will be able to get up to 2 felonies and 4 misdemeanors automatically cleared. Crimes punishable by more than 10 years in prison, violent crimes, “crimes of dishonesty” such as forgery, human trafficking and other serious crimes that carry a sentence of life in prison, domestic violence, traffic offenses where someone was seriously injured or died, child abuse, sexual assault, and operating while intoxicated aren’t eligible.
Allows misdemeanors to be automatically expunged after 3 years, felonies after 7 years, and serious misdemeanors or a single felony to 5 years, shortening the waiting time to apply for expungement.
Up to 3 felonies and an unlimited number of misdemeanors may be expunged, but no more than 2 assaultive crimes and no more than 1 felony if it’s punishable by more than 10 years in prison.
Allows felonies or misdemeanors from the same 24-hour period — to be treated as one conviction for expungement. Assaultive crimes, crimes involving a dangerous weapon and crimes punishable by 10 or more years in person can’t be included.
Effective February 19, 2022, a first and only offense for driving under the influence, impaired or with a High BAC (.17 or more) may be expunged!
Allows those with marijuana misdemeanor convictions to apply for expungement if their offenses would have been legal for recreational use if the crime occurred after cannabis was legalized in 2018.
Allows a conviction for 4^th Degree Criminal Sexual Conduct that occurred before January 12, 2015 to be expunged if the individual has not been convicted of another offense other than 2 minor offenses.
Minor offenses are a misdemeanor or ordinance violation with a maximum term of imprisonment of 90 days or less.

The Clean Slate Law makes Michigan a nationwide leader in expungement reform. To date, only Utah, California, Pennsylvania and New Jersey allow low-level offenses to be automatically cleared from records, and Michigan will now be the first to include low-level felonies in the automatic process. For thousands of Michiganders, this is an opportunity for a better life. Michigan’s Clean Slate Law creates a more just, equitable, and inclusive expungement process.

Expungement of Drunk and Impaired Driving

Effective in February 2022, an individual will be able to get 1 lifetime offense for driving under the influence expunged. Eligibility to expunge an OWI won’t come easy. First of all, the individual can have one offense expunged if that individual has only one DUI offense on his or her record. The DUI expungement law will allow for expungement of any 1 of the following offenses:

Operating While Intoxicated
Operating Under the Influence of Drugs
Operating While Impaired
Operating with a High BAC .17 or greater
Zero tolerance/minor with any BAC

Operating under the influence causing an injury or death are not eligible for expungement. One of the rules for anyone seeking to expunge an DUI will require the applicant to prove that he or she has resolved any underlying alcohol or substance abuse problem. This may require getting a current substance abuse evaluation and other documentation of sobriety.

The Expungement Process in Michigan

Expungement proceedings are complex and doing it yourself can be a daunting undertaking. If you fail to notify required parties (Attorney General, prosecutor, Michigan State Police) or fail to obtain a record clearance , the case will be dismissed. There are several required involved when it comes to getting an expungement. The proceeding for expungement has The DUI expungement Michigan process is very rigorous and time-consuming.

While every case varies, our format for successfully setting aside and expunging convictions typically involves the following steps:

Preparation of all documents.
Obtaining a certified copy of your conviction.
Correctly filing documents with the court.
Obtaining supporting documentation and character letters when necessary/
Notifying all parties including the prosecutor and Michigan Attorney General.
Submission of fingerprints to the Michigan State Police for a record clearance.
Scheduling the required court hearing.
Preparing our client for the hearing.
Appearing at the hearing.
Providing an Order to Set Aside Conviction.

Do I have to say I was convicted of a crime after it is expunged?

Once you are granted an expungement of a crime, you are not required to ever list it on a job application or mention it in an interview. In fact, if you are asked, you can say:

I DO NOT HAVE ANY CRIMINAL RECORD.

How to Obtain a Copy of Your Record

The Michigan State Police maintains a central registry of criminal records in a system known as the Law Enforcement Information Network. Access to LEIN is restricted to criminal justice agencies or those agencies statutorily granted authorization. However, an individual can obtain of his or her own criminal record by following the instructions on the Michigan State Police ICHAT link: http://apps.michigan.gov.

Do criminal records ever completely vanish?

September 27, 2012 | Abdo Law Firm

As an active criminal defense attorney in Macomb County, our firm is frequently asked whether a criminal record can be totally erased, disappear or vanish. Unfortunately, the answer is no.

The Michigan Law Enforcement Information Network (LEIN)

The moment an arrest occurs, or a warrant is issued by a court, a record is generated on the Michigan Law Enforcement Information Network (LEIN). Only criminal justice agencies or other authorized agencies (courts) are granted access to the LEIN. A law enforcement officer or court employee who abuses the system faces discipline. This link provides a list of entities who are authorized to utilize the LEIN system.