1.21Waiving Civil Fines, Costs, and Assessments
“The court may waive fines, costs and fees, pursuant to statute or court rule, or to correct clerical error.” MCR 4.101(G)(4).
“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).
A court must waive any ordered civil fine, costs, and assessment in the following circumstances:
•Defective safety equipment violation under MCL 257.683.
“If a person has received a civil infraction citation for defective safety equipment on a vehicle under [MCL 257.683], the court shall waive a civil fine, costs, and assessments on receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.” MCL 257.907(9).
•Failing to carry or display registration certificate under MCL 257.223.
“If a person has received a citation for a violation of [MCL 257.223], the court shall waive any civil fine, costs, and assessment on receipt of certification by a law enforcement agency that the person, before the appearance date on the citation, produced a valid registration certificate that was valid on the date the violation of [MCL 257.223] occurred.” MCL 257.907(13).
•Failing to produce certificate of insurance under MCL 257.328.
“If a person has received a citation for a violation of [MCL 257.328(1)] for failing to produce a certificate of insurance under [MCL 257.328(2)], the court . . . shall waive any fine, costs, and any other fee or assessment otherwise authorized under [the MVC] on receipt of verification by the court that the person, before the appearance date on the citation, produced valid proof of insurance that was in effect when the violation of [MCL 257.328(1)] occurred.” MCL 257.907(14).47 “Insurance obtained after the violation occurred does not make the person eligible for a waiver under [MCL 257.907(15)].” Id.
However, “[i]f, before the appearance date on a citation issued under [MCL 257.328(1)], the defendant submits proof to the court that the motor vehicle had insurance meeting the requirements of [MCL 500.3101 and MCL 500.3102], at the time the violation of [MCL 257.328(1)] occurred, all of the following apply:
(a) The court shall not assess a fine or costs.
(b) The court shall not forward an abstract of the court record to the secretary of state.
(c) The court may assess a fee of not more than $25.00 that shall be paid to the court funding unit.” MCL 257.328(3).
“Before [April 2, 2025], the court may waive any civil fine, cost, or assessment against an individual who received a civil infraction citation for a violation of [MCL 257.710d (child not properly secured in a child restraint system)] if the individual, before the appearance date on the citation, supplies the court with evidence of acquisition, purchase, or rental of a child seating system meeting the requirements of [MCL 257.710d].” MCL 257.907(11).
“Beginning [April 2, 2025], the court may waive any civil fine, cost, or assessment against an individual who received a civil infraction citation for a violation of [MCL 257.710d] if the individual, before the appearance date on the citation, supplies the court with evidence of acquisition of a child seating system that meets the requirements of [MCL 257.710d] and evidence that the individual has received education from a certified child passenger safety technician.” MCL 257.907(11).
47.Additionally, the court may waive the fee of not more than $25 set out in MCL 257.328(3)(c). MCL 257.907(14).