Legal Question in Traffic Law in Michigan
On October 7, 2009, in Westland, Mi., on a rainy night about 10pm, I was making a from newburgh rd. (4 lanes and 1 center lane) onto ford rd. (4 lanes and 1 center lane) when i hit a pedestrian 1/3 the way into my turn. He went into the nearby gas station and declined help and was no injuries were visible. So i called 911 myself and waited for the police to arrive on the scene. The ambulance took the guy to the hospital and the police issued me a ticket for hitting the pedestrian. I believe the pedestrian was not legally within the crosswalk when he was hit. In fact, i know he was in the intersection when he was hit. Nevertheless, at court the judge plead my case (he say he was doing me a favor) down to careless driving and fine me $160.00.
How can i appeal this decision. Was the pedestrian drunk? How can i get the hospital records from the incident? The police never proved by reasonable doubt that the pedestrian was ever in the crosswalk. Not to mention did he have the right-of-way. Can someone please help me.
2 Answers from Attorneys
Apealling a traffic conviction is pretty unlikely. The burden of proof is preponderance of the evidence and you did strike a pedestrian, whether legally in the intersection or not. Appealing is difficult for the layperson and very expensive with an attorney. I wish you the best of luck. www.kliszlaw.com Tim Klisz
You can request an appeal with the District Court if it was an informal hearing. However you have little time to do this-- you have to do it NOW. They will ask yo to file for request to appeal and ask you to post bond ($160)-- they may then set it for a formal hearing date-- this would be a good time to retain an attorney. On the other hand, if you already had a formal hearing and lost, you can appeal to the Circuit Court. Again you have time limitations to do this. Attorneys of Michigan, PLLC, Daniel Hajji 248.865.4700
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