6.25Authority to Issue a Citation — State Civil Infractions
State civil infraction citations are issued by a law enforcement officer, and the officer may issue a citation under three different circumstances. MCL 600.8807.1
The law enforcement officer must “prepare and subscribe, as soon as possible and as completely as possible, an original and 3 copies of a citation.” MCL 600.8807(1). The law enforcement officer must personally serve the third copy of the citation upon the alleged violator. MCL 600.8807(4).
“A law enforcement officer who witnesses a person violating state law, the violation of which is a state civil infraction, may stop the person, [and] detain the person temporarily for the purpose of issuing a citation[.]” MCL 600.8807(1).
B.Officer Personally Investigates an Accident
“A law enforcement officer may issue a citation to a person if, based upon personal investigation, the officer has reasonable cause to believe that the person is responsible for a state civil infraction in connection with an accident.” MCL 600.8807(2).
C.Officer Investigates a Complaint
“Except as otherwise provided in [MCL 600.8807(2) regarding accident investigation], a law enforcement officer may issue a citation to a person if, based upon the officer’s personal investigation of a complaint by someone who witnessed the person violating state law, the violation of which is a state civil infraction, the officer has reasonable cause to believe that the person is responsible for a state civil infraction and if the prosecuting attorney approves in writing the issuance of the citation.” MCL 600.8807(3).
1 “A law enforcement officer who, knowing the statement is false, makes a materially false statement in a citation issued under [MCL 600.8807] is guilty of perjury, a felony punishable by imprisonment for not more than 15 years, and in addition is in contempt of court.” MCL 600.8813. See also People v Lively, 470 Mich 248, 254 (2004) (noting that MCL 600.8813 requires that the false statement be material).