1.20Civil Fines, Costs, and Assessments for Civil Infractions¹

“Each district of the district court and each municipal court may establish a schedule of civil fines, costs, and assessments to be imposed for civil infractions that occur within the respective district or city. If a schedule is established, it must be prominently posted and readily available for public inspection. A schedule need not include all violations that are designated by law or ordinance as civil infractions. A schedule may exclude cases on the basis of a defendant’s prior record of civil infractions or traffic offenses, or a combination of civil infractions and traffic offenses.” MCL 257.907(7).

“The state court administrator shall annually publish and distribute to each district and court a recommended range of civil fines and costs for first-time civil infractions.” This recommendation is not binding on the courts having jurisdiction over civil infractions but is intended to act as a normative guide for judges and district court magistrates and a basis for public evaluation of disparities in the imposition of civil fines and costs throughout this state.” MCL 257.907(8).² 

“Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown.” MCR 1.110. See also MCL 257.907(2) (“[p]ermission may be granted for payment of a civil fine and costs to be made within a specified period of time or in specified installments but, unless permission is included in the order or judgment, the civil fine and costs shall be payable immediately”).

A.Civil Fines

In general, if “a person [is] found responsible or responsible ‘with explanation’. . .  for a civil infraction under [the MVC] or a local ordinance that substantially corresponds to a provision of [the MVC], the person shall be ordered to pay a civil fine of not more than $100.00.” MCL 257.907(2)(a). However, MCL 257.907(2) provides for alternative civil fine amounts for certain enumerated civil infractions.

“A court may not increase a scheduled civil fine because the defendant has requested a hearing.” MCR 4.101(G)(1).

1.Specific Fines and Fine Amounts

MCL 257.907(2)³ provides specific fines and fine amounts for certain MVC violations:

•“If the civil infraction was a moving violation that resulted in an at-fault collision with another vehicle, an individual, or any other object, the civil fine ordered under [MCL 257.907] isincreased by $25.00 but the total civil fine must not be more than $100.00.” MCL 257.907(2)(b).

•“For a violation of [MCL 257.240, damages or violation of law resulting from use or ownership of vehicle by another after title transfer], the civil fine ordered under [MCL 257.907] is $15.00.” MCL 257.907(2)(c). See also MCL 257.240(3).

•“For a violation of [MCL 257.312a(4)(a), first violation of motorcycle indorsement⁴], the civil fine ordered under [MCL 257.907] must not be more than $250.00.” MCL 257.907(2)(d).

• For a violation of MCL 257.602b(1), holding or using a mobile electronic device while operating a motor vehicle, the civil fine ordered under MCL 257.907 must be “either of the following:

(A) If the violation does not involve an accident, $100.00 for a first offense and $250.00 for a second or subsequent offense.

(B) If the violation involves an accident for which the individual is at fault, $200.00 for a first offense and $500.00 for a second or subsequent offense.” MCL 257.907(2)(h)(i). See also MCL 257.602b(4)(a)-(b); MCL 257.602b(6).

•For a violation of MCL 257.602b(2), holding or using a mobile electronic device, while operating a commercial motor vehicle or school bus, the civil fine ordered under MCL 257.907 must be “either of the following:

(A) If the violation does not involve an accident, $200.00 for a first offense and $500.00 for a second or subsequent offense.

(B) If the violation involves an accident for which the individual is at fault, $400.00 for a first offense and $1,000.00 for a second or subsequent offense.” MCL 257.907(2)(h)(ii). See also MCL 257.602b(5)(a)-(b); MCL 257.602b(6).

•“For a violation of [MCL 257.674(1)(s), disabled parking violations], or a local ordinance that substantially corresponds to [MCL 257.674(1)(s)], the civil fine ordered under [MCL 257.907] must not be less than $100.00 or more than $250.00.” MCL 257.907(2)(i).

•For a violation of [MCL 257.676a(3), sale or display for sale of produce or merchandise within highway right-of-way in violation of permit], the civil fine ordered under [MCL 257.907] must not be more than $10.00.” MCL 257.907(2)(j).

•“For a violation of [MCL 257.676c, soliciting business at the scene of an accident or disabled vehicle], the civil fine ordered under [MCL 257.907] is $1,000.00.” MCL 257.907(2)(k).

•“For a violation of [MCL 257.682,⁵ failure to stop for school bus,] or a local ordinance that substantially corresponds to [MCL 257.682], the civil fine ordered under [MCL 257.907] must not be less than $100.00 or more than $500.00.” MCL 257.907(2)(l).

•“For a violation of [MCL 257.710d, child less than four years of age not properly secured in a child restraint system], the civil fine ordered under [MCL 257.907] must not be more than $10.00, subject to [MCL 257.907(11)⁶].” MCL 257.907(2)(m).

•“For a violation of [MCL 257.710e, seat belt violations], the civil fine and court costs ordered under [MCL 257.907] must be $25.00.” MCL 257.907(2)(n).

2.Fines Doubled for Moving Violations in Work Zone, Emergency Scene, School Zone, or School Bus Zone

“Notwithstanding any other provision of [the MVC], a person responsible for a moving violation in a work zone, at an emergency scene, or in a school zone during the period beginning 30 minutes before school in the morning and through 30 minutes after school in the afternoon, or in a school bus zone is subject to a fine that is double the fine otherwise prescribed for that moving violation.” MCL 257.601b(1).

3.Minimum Fines For Violating Maximum Speed Limit

MCL 257.629c(1) provides the minimum fine amounts for maximum speed limit violations:

“Notwithstanding [MCL 257.320a and MCL 257.907], a person who is determined responsible or responsible ‘with explanation’ for a civil infraction for violating the maximum speed limit on a limited access freeway or part of a limited access freeway upon which the maximum speed limit is 55 miles per hour or more shall be ordered by the court to pay a minimum fine . . . only according to the following schedule, except as otherwise provided in subsections (2) and (3)^[7]:”

4.Distribution of Fines

“[A] civil fine which is ordered under [MCL 257.907] for a violation of [the MVC] or other state statute shall be exclusively applied to the support of public libraries and county law libraries in the same manner as is provided by law for penal fines assessed and collected for violation of a penal law of the state.” MCL 257.909(1).⁸

B.Costs

“Except as otherwise provided, a person found responsible or responsible ‘with explanation’ for a civil infraction must pay costs as provided in [MCL 257.907(4).]” MCL 257.907(2).

“If a civil fine is ordered under [MCL 257.907(2)], the judge or district court magistrate shall summarily tax and determine the costs of the action, which are not limited to the costs taxable in ordinary civil actions, and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment.” MCL 257.907(4). “Costs must not be ordered in excess of $100.00.” Id. “A civil fine ordered under [MCL 257.907(2)] must not be waived unless costs ordered under [MCL 257.907(4)] are waived.” MCL 257.907(4).

MCL 257.729 also authorizes the imposition of certain costs:

“In addition to a fine assessed for the . . . civil infraction when . . . determined responsible, the magistrate may also add to any fine and costs levied additional costs incurred in compelling the appearance of the person, which additional costs shall be returned to the general fund of the unit of government incurring the costs.”

“Except as otherwise provided by law, costs are payable to the general fund of the plaintiff.” MCL 257.907(4).

C.Assessments

“In addition to any civil fines or costs ordered to be paid under [MCL 257.907], the judge or district court magistrate shall order the defendant to pay a justice system assessment of $40.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less.” MCL 257.907(12).

“On payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasury to be deposited into the justice system fund created in . . . MCL 600.181.” MCL 257.907(12).

“An assessment levied under [MCL 257.907(12)] is not a civil fine for purposes of [MCL 257.909].” MCL 257.907(12).