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Ely
Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was pulled over last week in Traverse City, Michigan. My

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I was pulled over last week in Traverse City, Michigan. My tags had expired and so had my drivers license. The State Police officer said he would issue a warning on plate expired over 3 days and put I didn't have my license with me. He told me to just renew my license and take it in as he put "No Ops on Person" on ticket. I just took my renewed license to the courthouse with corner cut and paper attached. The cashier asked if I had recently renewed it and I said yes. She said I'd have to see the Magistrate next week. On the ticket the officer checked Misd and Waiv for this, so I'm confused. Is it now a misdemeanor or will they wave the costs because I corrected the violation? What should I do? Thank you!
Submitted: 8 months ago.
Category: Legal
Expert:  Ely replied 8 months ago.
Hello and thank you for requesting me.

"Misd" stands for "misdemeanor."

"Waiv" stands for: Violation for Which Fines/Costs May be Waived Authorization pend.

It is unclear whether the clerk DID NOT UNDERSTAND what the officer had done. She may have inadvertently set you up for a court date without understanding exactly what happened.

However, if someone in your situation has a court date, they need to show. Likely, when you explain what happened to the prosecutor, they will check with the officer and drop the matter.

On the off-chance that the prosecutor decides to keep the charge, one then may wish to plead NOT GUILTY and then deal with the matter as though this was a charge per se, but likely, an option of no conviction deferment would be available.

I know - all this from one clerk's mess up and/or an officer's unclear record of what happened. It happens, unfortunately.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

I hope this helps and clarifies. Gentle Reminder: Use the reply button to keep chatting, or please rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correctt. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith.
Customer: replied 8 months ago.

Thanks, XXXXX XXXXX cashier just told me that I need to see the magistrate and that she's in on Monday and Tuesday. No specific date or time as long as its within the 10 days on ticket (which is Wednesday). Do I tell her that I did give my license to the officer and he told me he put that I didn't have it with me and to just bring it in when renewed? Because he checked "waived" is it at his discretion or the court?

 

PS Will going to the magistrate incur additional costs?

Expert:  Ely replied 8 months ago.
M,

Thanks, Ely.

You got it.

Do I tell her that I did give my license to the officer and he told me he put that I didn't have it with me and to just bring it in when renewed? Because he checked "waived" is it at his discretion or the court?

Technically, this is the prosecutor's decision. The Judge does not prosecute, they only decide if the matter goes to trial OR the prosecutor and Defendant strike a deal. However, in such informal cases, the prosecutor may not even be in the courthouse at the time. One then wants to explain this to the Judge, and it would be at discretion of the Court to simply drop the matter, or, not. If the prosecutor IS there (one can ask when there), one should ask the prosecutor first before approaching the Judge.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 8 months ago.

Thank you. I will tell the magistrate that the Officer told me to bring in the renewed license and it would be waived just as he put on the ticket. Will that have bearing on the outcome? Will it be an issue because the citation said no Ops on Person but I did present my license? I just don't want any unneccesary issues here.

Expert:  Ely replied 8 months ago.
Thank you. I will tell the magistrate that the Officer told me to bring in the renewed license and it would be waived just as he put on the ticket. Will that have bearing on the outcome?

Yes, it would.

Will it be an issue because the citation said no Ops on Person but I did present my license?

Yes it may. This is why one should not tell the story as "I was driving without a valid license when..." Doing so is an admission before the Court.

It is best to state something akin to "I was charged with..." But no direct admittance. Just in case.

Needless to say, having an attorney is the best bet.

Gentle Reminder: Please use the reply button to keep chatting, or rate and submit your rating when we are finished. You may always ask follow ups at no charge after rating.
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86552
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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