48th District Court

Location

48th District Court building in Bloomfield Twp, MI4280 Telegraph Road
Bloomfield Hills, MI 48302
248.647.1141

Hours of Operation

Monday through Friday, 8:30 AM – 4:30 PM

For criminal defense representation in the 48th district court, call 248-213-6410.

Civil Infraction – Civil infraction tickets are non-criminal and not punishable with incarceration. Common civil infraction tickets received by the court include: Speeding, No Proof of Insurance, No Proof of Registration, Improper Lane Use and Careless Driving.

Definitions to common terms.

Misdemeanor – Offenses punishable by fine or imprisonment not exceeding one year, or both. Operating While Intoxicated, Driving While License Suspended (DWLS), Assault and Battery, Domestic Violence and Possession of Marijuana are examples of misdemeanor offenses handled at the district court.

Felony – The most serious category of criminal offenses punishable by more than one year incarceration. Initial stages of arraignment and preliminary examination are held in district court.  Felony cases may be bound over to the Oakland County Circuit Court for trial proceedings.

Bond – Money posted to assure the appearance of the defendant in court. Bond conditions may be ordered as a condition of bond such as no alcohol and no driving.

Cost of Prosecution – Money to be paid by the defendant for costs incurred by the arresting police agency.

Restitution – Money ordered by the judge to be paid to a victim on a case.  The defendant pays the court and the court disburses the money to the victim.

Traffic Division

Below are some of the Frequently Asked Questions  received regarding Traffic Division. For a comprehensive list of frequently asked questions for the entire 52nd District Court, 3rd Division visit our FAQ page.

What tickets can I pay online for the 48th District Court?

  • You may  pay tickets online if you wish to admit responsibility without an explanation (on certain civil infraction tickets).
  • If your ticket is in default, you may not use this service.
  • If you wish to deny responsibility, please see statement regarding informal hearing requests in the Traffic section.

What is a waivable ticket in the 48th district court?

  • Defective Equipment
  • Registration Violations (No Proof or Unsigned)
  • No Operator's License on Person

If you have an officer sign off your ticket and return it to the court within 10 days of the issued date, the fines and costs will be waived. You are still responsible/guilty of the offense, and if it is a reportable offense to the Secretary of State, it will go on your driving record.

Defective equipment and no proof of/unsigned registration are not reportable to the Secretary of State.  No operator's license on person is reportable, but no points are assessed.

What is an Informal Hearing?

An Informal Hearing consists of the Magistrate, the respondent and the police officer who issued the ticket.  Attorneys are not allowed to participate in an Informal Hearing. Both individuals are placed under oath and the Magistrate listens to the testimony. The burden of proving the defendant responsible is on the police officer, who is also called the plaintiff.

The plaintiff must prove by a preponderance of the evidence, or that it is more likely than not, that the respondent is responsible for the alleged traffic violation. The respondent is also entitled to testify, including having witnesses testify on his/her behalf.

At the conclusion of the hearing, the Magistrate will make a determination of responsible or not responsible. If either party is not satisfied with the outcome, the case may be appealed within seven days of the Informal Hearing to a Formal Hearing, which will then be sent to the Criminal Division and held before a District Judge.

If the decision is appealed by the respondent, a cash bond must be posted in the amount of the fine. A notice of the formal hearing will be mailed to the respondent within approximately two months.

What is a Formal Hearing?

A Formal Hearing is held before a District Court Judge. At the formal hearing, the respondent may be represented by an attorney, and the prosecutor will represent the plaintiff's case.

What happens if you do not respond to a ticket within 14 days?

If a response is not made within 14 days of the issuance of the ticket, or if the respondent fails to appear for a scheduled hearing, a default judgment is entered.  Once a default judgment is entered, a $35 default fee is added to the price of the ticket.

How do you file a Motion to Set Aside a Default Judgment?

Judges

Diane D'Agostini
Marc Barron
Kimberly Small

 Within 14 days of being notified of the default judgment, the respondent must either pay the fine, plus the $35 default fee, or file a Motion to Set Aside the Default Judgment and Order – CIA04.

Call Christopher Seikaly, Attorney at law & counselor right now if you need criminal defense legal representation.

No comments yet.

Leave a Reply

Google