Legal Question in Criminal Law in Michigan

Misdemeanor or Civil Infraction

On an application for EMT Licensure, a question asks yes or no if I have ever been convicted of a misdemeanor or felony, other than minor traffic violations. I was charged and convicted with OWI, but I am not sure if I should mention this because it could be considered a minor traffic violation. Also, I was charged and convicted of Fishing with an Artificial Lure while Walleye Season was closed, I am not sure if this would qualify because I'm not sure if it was a misdemeanor or a civil infraction. What should I answer?


Asked on 9/05/07, 3:05 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: Misdemeanor or Civil Infraction

The OWI charge is a crime ... it is not "a traffic offense" that can be dismissed in your mind, and distinguished from larceny, B&E, assault, etc. It can be a misdemeanor or a felony, generally depending on whether you have more than one conviction.

So, YES, you must say "yes, I have been convicted of a _____" on your form. If you don't, be aware that your misrepresentation is an easy thing for an employer to check because the OWI will be on your driving record.

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Answered on 9/06/07, 8:22 am


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