1.13Initiating a Civil Infraction Action

“A civil infraction action is commenced upon the issuance and service of a citation as provided in [MCL 257.742].” MCL 257.741(1). See also MCR 4.101(A)(1) (”a civil infraction action may be initiated by a law enforcement officer serving a written citation on the alleged violator and filing the citation in the district court”). The citation serves as the complaint, may be prepared electronically or on paper, and must be signed by the officer in accordance with MCR 1.109(E)(4). MCR 4.101(A)(1). The name of the officer associated with issuance of the citation satisfies the signature requirement if the citation is prepared electronically. Id.

“The plaintiff in a civil infraction action must be either this state if the alleged civil infraction is a violation of [the MVC], or a political subdivision if the alleged civil infraction action is a violation of a local ordinance of that subdivision that substantially corresponds to a provision of [the MVC].” MCL 257.741(1).

A.Authority to Issue a Citation1

“The form of a citation issued under [MCL 257.742(1), MCL 257.742(2), MCL 257.742(3), or MCL 257.742(9)] shall be as prescribed in [MCL 257.727c and MCL 257.743].”2 MCL 257.742(4).

1.Officer Witnesses Violation

“A police officer who witnesses a civil infraction may stop and temporarily detain the offender for the purpose of issuing a written citation.” People v Chapo, 283 Mich App 360, 366 (2009), citing MCL 257.742(1), which states:

“If a police officer witnesses an individual violating [the MVC] or a local ordinance substantially corresponding to [the MVC] and that violation is a civil infraction, that police officer may stop the individual, detain the individual temporarily for purposes of making a record of vehicle check, and prepare and subscribe, as soon as possible and as completely as possible, an original and 3 copies of a written citation, which must be a notice to appear in court for 1 or more civil infractions.”

“If a police officer of a village, city, township, or county, or a police officer who is an authorized agent of a county road commission, witnesses an individual violating [the MVC] or a local ordinance substantially corresponding to [the MVC] within that village, city, township, or county and that violation is a civil infraction, that police officer may pursue, stop, and detain the individual outside the village, city, township, or county where the violation occurred for the purpose of exercising the authority and performing the duties prescribed in [MCL 257.742] and [MCL 257.749], as applicable.” MCL 257.742(1).

2.Officer’s Personal Investigation of Accident

“A police officer may issue a citation to an individual who is a driver of a motor vehicle involved in an accident when, based upon personal investigation, the officer has reasonable cause to believe that the individual is responsible for a civil infraction in connection with the accident.” MCL 257.742(3). See also People v Estabrooks, 175 Mich App 532, 537 (1989) (“[a] police officer may stop and detain a driver involved in a motor vehicle accident for the purpose of issuing a citation for a civil infraction when . . . based upon the officer’s personal investigation, the officer has reasonable cause to believe that the driver is responsible for a civil infraction”).

3.Officer’s Personal Investigation of Violation Based on Witness Complaint

“A police officer may not stop a driver for a civil infraction solely on the basis of a witness’ complaint.” Estabrooks, 175 Mich App at 537, citing MCL 257.743(3). Rather, the statute requires the officer to investigate and have a reasonable belief that a civil infraction occurred. See Estabrooks, 175 Mich App at 538. MCL 257.742(3) states:

“A police officer may issue a citation to an individual who is a driver of a motor vehicle when, based upon personal investigation by the police officer of a complaint by someone who witnessed the individual violating [the MVC] or a local ordinance substantially corresponding to [the MVC] and that violation is a civil infraction, the officer has reasonable cause to believe that the individual is responsible for a civil infraction and if the prosecuting attorney or attorney for the political subdivision approves in writing the issuance of the citation.” MCL 257.742(3).

B.Serving and Filing a Citation or Parking Notice Violation

1.General Service and Filing Requirements

“Except as otherwise provided by court rule or statute, a civil infraction action may be initiated by a law enforcement officer serving a written citation on the alleged violator, and filing the citation in the district court.” MCR 4.101(A)(1). See also MCL 257.742(5), which states that “[t]he officer shall inform the individual of the alleged civil infraction or infractions and shall deliver the third copy of the citation to the offender.”3 The citation serves as the complaint, may be prepared electronically or on paper, and must be signed by the officer in accordance with MCR 1.109(E)(4). MCR 4.101(A)(1). The name of the officer associated with issuance of the citation satisfies the signature requirement if the citation is prepared electronically. Id.

“If the infraction is a parking violation, the action may be initiated by an authorized person placing a citation securely on the vehicle or mailing a citation to the registered owner of the vehicle.” MCR 4.101(A)(1)(a). See also MCL 257.742(6).

“If a parking violation notice[4] 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).

“If the infraction is a municipal civil infraction, the action may be initiated by an authorized local official serving a written citation on the alleged violator.” MCR 4.101(A)(1)(b).

2.Depositing Citation With Court

“At or before the completion of his or her tour of duty a police officer to whom a citation book has been issued and who has recorded the occurrence of a vehicle law violation upon a citation shall deliver to his or her police chief or to a person duly authorized by the police chief to receive citations all copies of such citation duly signed.” MCL 257.728a(1). “The police chief or a person duly authorized by the police chief shall deposit the original of the citation with the court having jurisdiction over the offense not later than 3 days after the date of the citation, excluding Saturdays, Sundays, and legal holidays.” Id.5 

“The citation shall be considered to have been deposited with the court as required under [MCL 257.728a(1)] if the original of the citation is mailed not later than 2 days after the date of the citation as specified under [MCL 257.728a(2)].” MCL 257.728a(2). “Mailing shall be accomplished by enclosing the original of the citation in a sealed envelope with first class postage fully prepaid, addressed to the court, and depositing the envelope and contents in the United States government mail.” Id.

C.Sworn Complaint Requirements

“If an officer issues a citation under [MCL 257.742] for a civil infraction or if a citation is issued under [MCL 257.742] for a parking or standing violation, the court may accept an admission with explanation or an admission or denial of responsibility upon the citation without the necessity of a sworn complaint.”6 MCL 257.744. “If the person denies responsibility for the civil infraction, further proceedings shall not be had until a sworn complaint is filed with the court.” Id. “[A] sworn traffic citation filed with the district court constitutes a sworn complaint for purposes of MCL 257.744[.]” People v Ferency, 133 Mich App 526, 530 (1984).

“A warrant for arrest under [MCL 257.321a] for failure to appear on the civil infraction citation shall not issue until a sworn complaint relative to the civil infraction is filed with the court.” MCL 257.744.

1    This subsection does not discuss issuing a citation under MCL 257.742(2), because it is outside the scope of this benchbook.

2    See Section 1.12(B) for a discussion of the requirements under MCL 257.727c, and Section 1.12(A) on requirements under MCL 257.743.

3   A written citation consists of “an original and 3 copies.” MCL 257.742(1).

4   Parking violation notice means “a notice, other than a citation, directing a person to appear at a parking violations bureau in the city, village, or township in which, or of the college or university for which, the notice is issued and to pay the fine and costs, if any, prescribed by ordinance for the parking or standing of a motor vehicle in violation of the ordinance.” MCL 257.742(9)(a).

5   MCL 257.728a does not address the consequences of a violation of the 3-day rule. 

6    See Section 1.15 for more information on admitting or denying responsibility.