6.9Technical Requirements of Traffic Citations and Parking Violation Notices

The required format of a citation issued under MCL 257.742(1)-(3), discussed in Section 6.8, is set forth by MCL 257.727c and MCL 257.743.

“Each citation shall be numbered consecutively, be in a form as determined by the secretary of state, the attorney general, the state court administrator, and the director of the department of state police[.]” MCL 257.727c(1). A citation must consist of the following:

“(a) The original which shall be a complaint or notice to appear by the officer and shall be filed with the court in which the appearance is to be made.

(b) The first copy which shall be retained by the local traffic enforcement agency.

(c) The second copy which shall be delivered to the alleged violator if the violation is a misdemeanor.

(d) The third copy which shall be delivered to the alleged violator if the violation is a civil infraction.”¹ MCL 257.727c(1).

“The citation serves as a summons to command (a) the initial appearance of the defendant; and (b) a response from the defendant as to his or her responsibility for the alleged violation.” MCR 4.101(A)(3).

A.Contents of the Citation²

A citation issued pursuant to MCL 257.742 must contain the following:

•The name of the state or political subdivision acting as plaintiff;

•The name and address of the person to whom the citation is issued;

•The civil infraction alleged;³ 

•The place where the person must appear in court;

•The telephone number of the court;

•The time at or by which the appearance must be made. MCL 257.743(1). “The time specified in a citation for appearance must be within a reasonable time after the citation is issued pursuant to [MCL 257.682] or [MCL 257.742].” MCL 257.741(3).

In addition, the issuing officer must sign the citation. MCR 4.101(A)(1). If the citation is prepared electronically and filed with the court as data, including the issuing officer’s name satisfies the signature requirement. Id. A complaint must be considered signed under oath in certain circumstances. See MCL 257.727c. See Section Section 6.9(B) for more information.

A citation must also inform the defendant that he or she, at or by the time specified for appearance, may:

•Admit responsibility for the civil infraction in person, by representation, or by mail.

•Admit responsibility for the civil infraction with explanation in person, by representation, or by mail.

•Deny responsibility for the civil infraction by either:

•Appearing in person for an informal hearing without the opportunity of being represented by an attorney; or

•Appearing in court for a formal hearing before a judge, with the opportunity of being represented by an attorney. MCL 257.743(2).⁴

“The citation shall inform the defendant that if the person desires to admit responsibility ‘with explanation’ other than by mail or to have an informal hearing or a formal hearing, the person must apply to the court in person, by mail, or by telephone, within the time specified for appearance and obtain a scheduled date and time to appear for a hearing.” MCL 257.743(3). “A hearing date may be specified on the citation.” Id.

“The citation shall contain a notice in boldface type that the failure of a person to appear within the time specified in the citation or at the time scheduled for a hearing or appearance will result in entry of a default judgment against the person and in the immediate suspension of the person’s operator’s or chauffeur’s license.” MCL 257.743(4). “Timely application to the court for a hearing or return of the citation with an admission of responsibility and with full payment of applicable civil fines and costs constitute a timely appearance.” Id.

B.Signed Under Oath⁵

A complaint signed by a police officer must be treated as made under oath if the violation alleged in the complaint:

•is a civil infraction or a misdemeanor or ordinance violation for which the maximum permissible penalty does not exceed 93 days in jail or a fine, or both;

•occurred or was committed in the signing officer’s presence, or under circumstances permitting the officer’s issuance of a citation under MCL 257.625a (warrantless arrests for operating while intoxicated offenses) or MCL 257.728(8) (citations issued after investigation of a traffic accident); and

•if the complaint contains the following statement immediately above the date and signature of the officer:

“‘I declare under the penalties of perjury that the statements above are true to the best of my information, knowledge, and belief.’” MCL 257.727c(3).

C.Parking Violation Notice

“A parking violation notice may be issued by a police officer, including a limited duty officer, or other personnel duly authorized by the city, village, township, college, or university to issue that parking violation notice under its ordinance.” MCL 257.742(7). “If a parking violation notice other than a citation is attached to a motor vehicle, and if an admission of responsibility is not made and the civil fine and costs, if any, prescribed by ordinance for the violation are not paid at the parking violations bureau, a citation may be filed with the court described in [MCL 257.741(4)] and a copy of the citation may be served by first-class mail upon the registered owner of the vehicle at the owner’s last known address.” MCL 257.742(7). “The citation filed with the court pursuant to [MCL 257.742(7)] need not comply in all particulars with [MCL 257.727c and MCL 257.743] but must consist of a sworn complaint containing the allegations stated in the parking violation notice and must fairly inform the defendant how to respond to the citation.” MCL 257.742(7).