Bill Text: MI SB0566 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Traffic control; other; written notification of driver responsibility fee on citation issued for failing to have proof of insurance; require. Amends sec. 743 of 1949 PA 300 (MCL 257.743).

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2009-05-12 - Referred To Committee On Judiciary [SB0566 Detail]

Download: Michigan-2009-SB0566-Introduced.html

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SENATE BILL No. 566

 

 

May 12, 2009, Introduced by Senators OLSHOVE, BIRKHOLZ, BARCIA, ANDERSON, CHERRY and WHITMER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 743 (MCL 257.743), as amended by 2006 PA 298.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 743. (1) A citation issued pursuant to under section 742

 

shall contain the name of the state or political subdivision acting

 

as plaintiff, the name and address of the person to whom the

 

citation is issued, the civil infraction alleged, the place where

 

the person shall appear in court, the telephone number of the

 

court, the time at or by which the appearance shall be made, and

 

the additional information required by this section.

 

     (2) The citation shall inform the defendant to the effect that

 

he or she, at or by the time specified for appearance, may do 1 of

 

the following:

 

     (a) Admit responsibility for the civil infraction in person,

 

by representation, or by mail.

 

     (b) Admit responsibility for the civil infraction "with

 

explanation" in person, by representation, or by mail.

 

     (c) Deny responsibility for the civil infraction by doing

 

either of the following:

 

     (i) Appearing in person for an informal hearing before a

 

district court magistrate or a judge without the opportunity of

 

being represented by an attorney.

 

     (ii) Appearing in court for a formal hearing before a judge,

 

with the opportunity of being represented by an attorney.

 

     (3) The citation shall inform the defendant that if the person

 

desires to admit responsibility "with explanation" other than by

 

mail or to have an informal hearing or a formal hearing, the person

 

must apply to the court in person, by mail, or by telephone, within

 

the time specified for appearance and obtain a scheduled date and

 

time to appear for a hearing. A hearing date may be specified on

 

the citation.

 

     (4) The citation shall contain a notice in boldface boldfaced

 

type that the failure of a person to appear within the time

 

specified in the citation or at the time scheduled for a hearing or

 

appearance will result in entry of a default judgment against the

 

person and in the immediate suspension of the person's operator's

 

or chauffeur's license. Timely application to the court for a

 

hearing or return of the citation with an admission of

 

responsibility and with full payment of applicable civil fines and

 

costs constitute a timely appearance.

 

     (5) If the citation is issued to a person who is operating a

 

commercial motor vehicle, the citation shall contain a vehicle

 

group designation and indorsement description of the vehicle ,

 

which vehicle is that was operated by the person at the time of the

 

alleged civil infraction.

 

     (6) The citation shall contain a notice that if the citation

 

was issued for failing to have proof of insurance, the person can

 

have the violation dismissed by providing proof of insurance to the

 

court before the appearance date set for the violation and, if the

 

person fails to provide proof of insurance before that date and the

 

court determines the individual is responsible for the violation,

 

the citation may result in the assessment of a driver

 

responsibility fee in addition to the fine imposed for the

 

violation.