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In Michigan when you are found guilty of a traffic violation…

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In Michigan when you are...
In Michigan when you are found guilty of a traffic violation in a formal hearing in district court how many days do you have to file an appeal to circuit court. If I have found that the officer contradicted himself 3 times between the informal court and the formal court, can I use it to get an appeal.I brought up one contradiction to the judge.
Submitted: 1 month ago.Category: Traffic Law
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1/17/2018
Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago
Legal Eagle
Legal Eagle, Lawyer
Category: Traffic Law
Satisfied Customers: 8,311
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago

I'm sorry to hear about your situation. The short answer is that you have 42 days after the judgment is entered to file an appeal. I have copied some relevant information from the MI courts regarding criminal appeals that can assist you:

The time to file a claim of appeal is controlled by MCR 7.204(A)(2). It must be filed:

1. within 42 days after entry of the judgment or order appealed, or

2. within 42 days after an entry of an order denying a timely filed motion for appointment of counsel

3. within 42 days after entry of an order denying a timely filed motion for resentencing, judgment of acquittal or new trial in the circuit court

What other questions did you have for me today?

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Customer reply replied 1 month ago
The officer contradicted himself or stated things that were not true three times I only mentioned to the judge that the officer stated he saw me going 55 by sight. In the informal trial and 60 during the formal .trial. Can I use this information to appeal my case to th circuit court
Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago

You could; however, usually the appeals court will only review whether matters of law, not of fact, were incorrect. For example, matters of law would include whether the judge applied the law regarding your ticket correct. A matter of fact would be something like witness statements.

It is plausible that you could request a relief from the judgment because it would be a miscarriage of justice if this ruling were to stand. This is a last-chance motion not particularly favored by the courts, It's governed by court rules 6.500. But sadly, I'm not sure if it's going to apply.

According to Mich. Ct. R. 6.502(G)(1), “one and only one motion for relief from judgment may be filed with regard to a conviction.” There are only two exceptions to this rule. A defendant may file a successive motion based on:

 Newly discovered evidence

 A retroactive change in the law

So, you could argue that because the officer lied, the evidence is "newly discovered," but it's something that would be up to the judge to make a final decision upon.

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Customer reply replied 1 month ago
The judge that makes the decision is the circuit court judge? Also how do you file to wave circuit court fees do to financial hardship. How do I get a form. How long will it take to be processed. Will the circuit court wait to set up a trial.What forms do I file to get them to wait to schedule the trial.Can I ask the circuit court judge to wave the district courts fine. until after the circuit court hearing. How do I prove the officer is lying not just made a mistake
Traffic Lawyer: Legal Eagle, Lawyer replied 1 month ago

Hi, unfortunately, the questions that you have are probably too specific for me to answer in this forum. Let me opt out and let another expert who may have this specific experience answer these questions for you.

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