Michigan Laws 257.727c – “Citation” defined; numbering, form, and parts of citation; modification and optional use of citation; complaint signed by police officer as made under oath; conditions
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(1) As used in this act, “citation” means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. 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 and shall consist of the following parts:
(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.
Terms Used In Michigan Laws 257.727c
- citation: means a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited. See Michigan Laws 257.727c
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(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.
(2) With the prior approval of the state officials enumerated in subsection (1), the citation may be appropriately modified as to content or number of copies to accommodate law enforcement and local court procedures and practices. Use of this citation for other than moving violations is optional.
(3) For purposes of this act, a complaint signed by a police officer shall be treated as made under oath if the violation alleged in the complaint is either 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, and occurred or was committed in the signing officer’s presence or under circumstances permitting the officer’s issuance of a citation under section 625a or 728(8), 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.”