Legal Question in Civil Litigation in Michigan
My son was given a ticket for careless driving for driving on a lawn. We wanted to take his case in front of the judge to try and get the points removed. He has no other violations/incidents. We did not hire an attorney but the court has an attorney representing them. He showed up for his court date but the cop and prosecuting attorney pulled him in a side room and told him they would charge him with additional things if he took it before the judge. Can they add charges at a hearing?
2 Answers from Attorneys
Yes, they can add charges if the facts fit. The cop most likely feels the behavior merited a charge for reckless driving. The cop feels he gave your son a break and that it was unappreciated. In Michigan, reckless is 6 points while careless is 4 points.
Agree with Mr. Stern. On top of the points, the Reckless charge contains a mandatory license sanction of no driving at all for 90 days. It is also a 93 jail possible crime. Tim Klisz
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