Demanding a Jury Trial for a speeding ticket in Michigan

[sasha601]

Courts do not like to afford jury trials for civil infractions like a speeding ticket. However, looking at the language of Michigan Constitution and researching Michigan Law, I found nothing that prevents me from demanding a jury trial for a speeding ticket. Michigan Constitution is very specific about my right to demand a jury trial in a Civil Case. It reads in Article 1, Sec. 14:

"§ 14 Jury trials.
Sec. 14. The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree."

Please note that wording in the constitution makes no distinction between type of civil cases (infractions, misdemeanors, etc.). And I found no Law in Michigan that would state that traffic matters are not qualified for jury trials.

If I schedule a formal hearing in front of the judge (this is one of the options spelled out on the back of the ticket if I choose to "deny responsibility") and demand a "jury trial" would the judge have any lawful basis to deny me a jury trial?

I do not want to argue if it is right or wrong to use jury system for traffic infractions. I would prefer if members of this forum can comment on legality of this option in Michigan and judge's room for maneuvering in order to deny it."

 

[bluemann33]

Courts do not like to afford jury trials for civil infractions like a speeding ticket. However, looking at the language of Michigan Constitution and researching Michigan Law, I found nothing that prevents me from demanding a jury trial for a speeding ticket. Michigan Constitution is very specific about my right to demand a jury trial in a Civil Case. It reads in Article 1, Sec. 14:

"§ 14 Jury trials.
Sec. 14. The right of trial by jury shall remain, but shall be waived in all civil cases unless demanded by one of the parties in the manner prescribed by law. In all civil cases tried by 12 jurors a verdict shall be received when 10 jurors agree."

Please note that wording in the constitution makes no distinction between type of civil cases (infractions, misdemeanors, etc.). And I found no Law in Michigan that would state that traffic matters are not qualified for jury trials.

If I schedule a formal hearing in front of the judge (this is one of the options spelled out on the back of the ticket if I choose to "deny responsibility") and demand a "jury trial" would the judge have any lawful basis to deny me a jury trial?

I do not want to argue if it is right or wrong to use jury system for traffic infractions. I would prefer if members of this forum can comment on legality of this option in Michigan and judge's room for maneuvering in order to deny it."

I found this......If you are 17 years of age or older and have received a misdemeanor ticket, you are usually required to go to court for an arraignment. If you plead not guilty or stand mute, you will be scheduled for a pretrial conference with the prosecutor. You may have an attorney represent you at the pretrial conference. If you cannot resolve the ticket at the pretrial conference, you may have a trial before a judge or jury.....

It sounds like you are right to me, although I could be wrong. here is the source i got this from........
http://courts.michigan.gov/scao/selfhelp/intro/criminal/misd.htm

 

[sasha601]

Yes, I am clear about misdemeanor ticket. However, my ticket is an infraction. I am charged with speeding 6-10mph over speed limit. I do beleive that even for infractions I must be afforded with a jury trial if I demand one

 

[sasha601]

Let me explain why I want a jury trial:

From my previous experience, judge (or magistrate) in a traffic matters are seriously biased against defendants. It is usually my word against officer's. Judge beleives officer most of the time and I get convicted. I beleive I can get a more fair hearing if case is decided by a jury.

 

[FlaRiptide]

I respect your desire for a jury trial, yet I hope you are fully prepared to win. Should you lose, court costs are going to be much more expensive than simply paying the fine. The better option may be to simply take traffic school to keep the points off your record.

 

[army judge]

Why not take an online traffic school?

Few defendants beat seeding tickets, even with juries.

What you don't know is that to have a jury trial you have yo post a rather large cash or surety bond.


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