What should I do about a traffic warrant?

There is no need for you to risk an arrest and jail time. If you have a warrant for a traffic offense, we can help you get it set aside and favorably resolve your case.

Don’t wait to be arrested. There is no need for you to go to jail.

Many people wonder if a warrant can be issued for a traffic offense, civil infraction, or traffic misdemeanor. The answer is a bit complicated. If a traffic warrant is issued, does that mean there is a misdemeanor? What should I do to get rid of the warrant?

A warrant is a court order requiring a person’s arrest and commanding their appearance before the judge. A warrant can be issued for most traffic offenses. There are two types of traffic cases, civil infractions, and traffic crimes. Traffic crimes can be felonies; however, they are most commonly misdemeanors.

Warrant for a Civil Infraction

A judge can issue a bench warrant for a traffic ticket if someone fails to deal with a civil infraction ticket or fails to appear in court for a hearing. Most courts do not issue arrest warrants in cases where there is speeding, failure to stop for a red light or stop sign, improper lane usage, or other similar civil infraction. In most cases where a driver fails to appear in court or pay the fine for a civil infraction, the court will suspend the person’s driver’s license and only set aside the suspension when the person comes before the court resolves the traffic ticket. On the other hand, some judges will not hesitate to issue a warrant, resulting in a serious problem. Someone with a warrant can be arrested anytime, anywhere, and can remain in jail until they go before the judge and resolve their case. It is better to deal with a traffic citation without delay. This does not mean just that you should just pay the ticket. It is almost always in a driver’s best interest to demand a hearing and “fight a ticket.” Prosecutors routinely give a driver a deal if they appear in court for a hearing on a traffic ticket. In many cases, the prosecutor may be willing to waive the points or dismiss a ticket if a fine is paid. The best chance of getting the points eliminated and keeping a ticket off a driver’s record is with an experienced defense attorney.

Warrant for a Traffic Misdemeanor

Warrants are routinely issued in misdemeanor cases. In fact, many misdemeanors start with the issuance of a warrant. In other cases, a defendant who fails to appear for a court hearing or abide by a court order risks a warrant being issued for their arrest. In many traffic misdemeanor cases, police tell the person they will be contacted when a warrant is issued. Unfortunately, courts and police departments routinely fail to send a notification when a warrant is issued. This results in some unsuspecting person being arrested and stuck in jail when they didn’t even know they were charged. Common traffic misdemeanors include:

Driving with License Suspended/Revoked
Reckless Driving
Leaving the Scene of a Property Damage Accident (Hit and Run)
Failure to Stop or Identify After a Personal Injury Accident
Operating While Intoxicated (OWI, DUI, OWPD, OWVI, etc.)
Open Intoxicant in Vehicle
Drag Racing
Drove on a Sidewalk
Failed to Display License / No Operator’s License on Person
Failed to Obtain Michigan Plates
Improper Plate / Registration

If a warrant has been issued because of a new traffic misdemeanor, the defendant may have to appear to get the warrant dismissed. The judge may or may not set a bond that requires a cash deposit. If a cash bond is required for a misdemeanor traffic offense, the defendant will have to post money with the court to avoid serving time in jail while the misdemeanor case works its way through the court.

A “bench warrant” is issued when a defendant fails to appear for a scheduled court hearing. If a “bench warrant for a traffic ticket” is issued, the defendant must appear before the judge and explain why they failed to appear in court. A judge may decide to forgive the failure to appear. If this happens, the judge will set aside the warrant, reinstate the bond, and set a new hearing date. On the other hand, an unforgiving judge may forfeit any bond previously paid to the court and then order that additional money be deposited before the defendant can leave the court or jail.

Whenever you have to appear in court, it is always best to hire an experienced, reputable attorney to protect and defend you. A traffic warrant lawyer can not only help convince a judge to set a low or personal (no money) bond; they will likely be able to negotiate with the prosecutor to have the charge dismissed or reduced. If a charge cannot be amicably resolved, the defendant in a misdemeanor traffic case has the right to a trial.

Can I just pay a fine to get rid of a misdemeanor traffic warrant?

No. You can pay a fine to resolve a civil infraction ticket, like speeding or a seatbelt violation; however, a misdemeanor cannot be resolved without appearing in court. In some cases, an experienced lawyer may be able to appear on your behalf or negotiate an appearance by mail, phone, or video. Many unsuspecting drivers pay the cost of a misdemeanor traffic violation, mistakenly thinking that the payment will resolve the case. These individuals inevitably end up getting arrested on a misdemeanor traffic warrant. Because a misdemeanor is punishable by the possibility of jail (in some cases up to 1 year) and up to 2 years of probation, simply paying a fine will not be sufficient to resolve or close a case.

How can a lawyer help with a traffic misdemeanor, and why is it worth hiring an attorney?

There are various reasons why a person accused of a traffic crime should retain the best lawyer they can get to defend and protect them. A surprising number of judges impose jail time for traffic misdemeanors, especially in Oakland, Wayne, and Macomb Counties. Probation, up to 2 years, is routinely imposed by judges throughout Michigan. Probation can be costly, and judges can prohibit you from consuming alcohol, driving, using medical marijuana, and much more. A traffic misdemeanor conviction can also result in the suspension or revocation of your driver’s license. Many people do not realize that a misdemeanor traffic conviction stays on your record forever. It cannot be removed or expunged because Michigan’s expungement law specifically excludes misdemeanor convictions under the Motor Vehicle Code. Do not go to court without a lawyer because you will not get a second bite at the apple if things go wrong. The stakes are surprisingly high, the rules are complex, and there is no room for error or lack of preparation.

Traffic Warrant Attorney in Michigan

If you are charged or may be charged with a traffic offense, especially a misdemeanor or felony, it is critical that you retain a lawyer to protect you. A seasoned and skilled defense lawyer gives you the best hope of avoiding jail and preventing a criminal conviction. The lawyers with LEWIS & DICKSTEIN, P.L.L.C. have decades of experience and an unparalleled track record of successfully defending clients with traffic warrants and other traffic misdemeanors and felony charges.

Call us today at (248) 263-6800 for a free consultation or complete a Request for Assistance Form. We will contact you promptly and find a way to help you.

What should I do about a traffic warrant?