Michigan Non-Moving Convictions
Non-moving violations are often thought of as less serious than moving violations. However, the truth is that all depends on your definition of non-moving violation and which particular non-moving violation you are being charged with. Non-moving convictions can be civil infractions, misdemeanors, or even felonies. For instance, parking tickets are civil infractions, but forging or falsification of certificates of title or vehicle registration is a felony, and both are non-moving violations. The driver's license restoration attorneys have been handling moving violations and non-moving violations for almost twenty years, and we know how to get results. We want to educate you about the variety of non-moving violations, and the potential penalties of being convicted of them.
Traffic Tickets and Failure to Comply with a Court Judgment (FCJ)
Most non-moving violations are classified as civil infractions in Michigan, and almost all civil infractions include a corresponding fine. Grabel & Associates advocates fighting all civil infractions to keep your record clean and to avoid points on your driver’s license. Oftentimes, the fines may seem almost insignificant in their amount, but many carry points and once you pay them you are admitting responsibility for the infraction. Consequently, the best course of action is to contact us to contest every non-moving violation charged.
However, if you have decided not to contest a non-moving violation or the time to contest a ticket has expired, then you absolutely must pay the fines and any associated fees. If you do not contest your parking tickets or pay them, then three parking tickets can lead to a suspension of your driver’s license. Additionally, if you fail to pay your parking tickets the court can enter a failure to comply with court judgement against you. Under MCL 257.321a, a person who fails to answer a citation, or fails to comply with a judgment of the court including paying all fines, costs, fees, and assessments is guilty of a misdemeanor punishable by up to 93 days in jail and a fine of $100. Once you get a notice of a failure to comply with judgment in the mail you will have 14 days to resolve the issue, or the Secretary of State will indefinitely suspend your license. An indefinite suspension means there is no end date, so if you do not handle the situation correctly than you will not get your driver’s privileges reinstated.
Non-Moving Violations without Setting Foot in a Vehicle
There are certain non-moving violations that you can be charged and convicted of even if you never set foot in a vehicle. Most of these are for allowing someone else to use your vehicle when you have knowledge that to do so would be breaking a law. For instance, under MCL 500.3102(2) it is a misdemeanor to allow someone to drive your unregistered vehicle. Penalties can result in up to a year in jail and a $500 fine. Additionally, it is a misdemeanor to allow a person to operate your vehicle if you have knowledge that they have a revoked or suspended license. Additionally, it is a non-moving violation to knowingly allow a person who has consumed alcohol to operate your vehicle.
A Breath Alcohol Ignition Interlock Device (BAIID) violation can be a serious setback on the road to getting your full driver’s license restored. You may have been required to have a BAIID installed in your vehicle for either a second or third OWI or a high BAC super drunk OWI. Minor offenses are events like failing to keep an appointment with a service provider for a device download and not rescheduling within seven days. Another minor violation is if you have start-up failure due to the detection of alcohol. Either of these events will trigger an automatic extension of the monitoring period for three months.
A major violation is a much more serious setback, because you need to wait for a hearing date to defend yourself. The problem is that your previous revocation or denial is immediately reinstated, so you will not be able to drive while you wait for your hearing. Major violations occur if you fail or miss a rolling retest, or if there is a violation for tampering or circumventing the device. Unfortunately, both of these major violations can occur even if you are completely sober and innocent. Missed rolling retests occur frequently for accidentally exiting the vehicle with the engine running. It does not matter if you run back inside your home to grab your wallet or step outside to brush snow from your windshield. If the device asks you to retest while the engine is running and you do not do it, then it will be recorded as a missed rolling retest and a major violation.
Another type of BAIID violation is tampering or circumventing the device which will count as a major violation. These can also occur innocently if there is an electrical failure or disconnection. Sometimes older vehicles have faulty wiring. Unfortunately, these slight interruptions in electrical signals can also occur if you have your vehicle worked on. To learn more about BAIID violations and the available defenses take a look at our page on Ignition Interlock Violation Defenses.
Here is a full list of the offenses that qualify as non-moving violations under the Offense Code Index for Traffic Violations published by the Michigan Department of State:
- drug crimes
- open intoxicants - passenger
- transporting or possession of alcohol
- refusing a preliminary breath test
- person using a fraudulent ID to purchase liquor
- allowing a person under the influence of alcohol to operate the owner’s vehicle
- allowing a person on a suspended or revoked license to operate an owner’s vehicle
- allowing a person on a suspended or revoked license to operate an owner’s vehicle that results in the serious injury of another
- allowing a person on a suspended or revoked license to operate an owner’s vehicle that results in the death of another
- a person under the age of 21 that purchases, possesses, or consumes alcohol
- failure to report an accident
- failure to remove your vehicle from a roadway following an accident
- a violation of financial responsibility laws
- fraudulently presenting false insurance information that is a felony
- fraudulently presenting false insurance information that is a misdemeanor
- unlawful use or display of license in Michigan
- altering a driver’s license
- fraud in obtaining a driver’s license
- allowing a person to drive your vehicle in violation of the Motor Vehicle Code
- giving false information to a police officer
- perjury by giving false certification under the vehicle code
- failure to show proof of sale
- registration or a license plate violation
- altering, forging, falsifying vehicle documents or license plate information
- displaying goods for sale
- failing to change your address
- fraudulent change of your address
- three or more unpaid parking tickets
- two or more unpaid handicapped parking tickets
- ignition interlock device violations
- unauthorized removal of an ignition interlock device
- immobilization violations
- obtaining vehicle to circumvent immobilization
- transfer to avoid forfeiture
- new registration applications by a holder of assigned license plates
- illegally acquiring a vehicle while subject to registration denials
- bomb threats at a school
Although all of the above offenses qualify as non-moving violations, many of them are also crimes. This exemplifies the complicated relationship between criminal law and administrative law carried out by the Secretary of State. Often times what happens at court is going to affect what the Secretary of State does. Therefore, Grabel & Associates specializes in criminal law and driver’s license issues. We understand the complicated interplay between the criminal justice system and the administrative bodies of law. We will work with you to develop a comprehensive plan that will address all facets of your issues to deliver you the best outcome available. Contact us or give us a call 1-800-677-9795 to schedule your free consultation today.