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Thread: Understanding MCL 28.428

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    Understanding MCL 28.428

    Specifically section 1.

    28.428 Revocation of licenses; grounds; hearing; suspension; order; notice.Sec. 8.
    (1) The concealed weapon licensing board that issued a license to an individual to carry a concealed pistol may revoke that license if the board determines that the individual committed any violation of this act other than a violation of section 5f(4). If the board determines that the individual has been found responsible for 3 or more state civil infraction violations of this act during the license period, the board shall conduct a hearing and may suspend the individual's license for not more than 1 year.


    Q 1. Is there a difference between a civil infraction, and a state civil infraction?
    Q 2.Does this mean that if you get 3 tickets within the 5 year CPL license period, that you might get your CPL suspended?

    Q 3. Does a regular speeding ticket fall under this law?


    The reason I asked question 1, is that on the back of my ticket, (5 over), it says civil infraction, not state civil infraction, and as you all know, one word can make a big difference.


    The ticket was given by OCSD for 5 over on I-75 and I have to pay it at 52-3 Rochester hills. The ticket says that it happened in Orion Twp, and that I was in violation of a local ordinance.

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    The officer told me that it was a no point ticket.

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    Regular Member RenegadeMarine's Avatar
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    28.428 Revocation of licenses; grounds; hearing; suspension; order; notice.Sec. 8.
    (1) The concealed weapon licensing board that issued a license to an individual to carry a concealed pistol may revoke that license if the board determines that the individual committed any violation of this act other than a violation of section 5f(4). If the board determines that the individual has been found responsible for 3 or more state civil infraction violations of this act during the license period, the board shall conduct a hearing and may suspend the individual's license for not more than 1 year.


    You are correct one word(or three) can make a big difference.

    It looks as though they must be violations of Act 372 of 1927.

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    Regular Member Taurus850CIA's Avatar
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    Quote Originally Posted by RenegadeMarine View Post
    28.428 Revocation of licenses; grounds; hearing; suspension; order; notice.Sec. 8.
    (1) The concealed weapon licensing board that issued a license to an individual to carry a concealed pistol may revoke that license if the board determines that the individual committed any violation of this act other than a violation of section 5f(4). If the board determines that the individual has been found responsible for 3 or more state civil infraction violations of this act during the license period, the board shall conduct a hearing and may suspend the individual's license for not more than 1 year.


    You are correct one word(or three) can make a big difference.

    It looks as though they must be violations of Act 372 of 1927.
    Beat me to it.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

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    Thanks guys, that's why I asked.

    I was a little worried. Last year I got popped for driving my moms camaro, er, speeding. Same thing... And this year, I was speeding again, I was on my way to pick up my CPL, so I was in a hurry.

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    Michigan Moderator Big Gay Al's Avatar
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    Quote Originally Posted by stainless1911 View Post
    The ticket was given by OCSD for 5 over on I-75 and I have to pay it at 52-3 Rochester hills. The ticket says that it happened in Orion Twp, and that I was in violation of a local ordinance.
    Five over? Sheesh! Remind me to NEVER drive through that area. I go 5 over all in the time in Ingham, Jackson and Livingston counties, and I've never been touched by any LEO for that.
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    Its not so bad. Truth is, I was very likely in the mid to upper XXX's, and got the speed down to 83 when he tagged me. My little car is a bright red POS, with auxiliary headlights under the front bumper, and the windsheild was smashed out. The hood flew up and smacked it last week. The exhaust was loud too. The car sticks out like a sore thumb. This cop was great about it. I pulled over right away and I always put the keys on the roof when stopped. when he asked why, I just told him that I do that out of good faith to show I wont try to take off. After I told him I was on the way to go get my CPL, and I was in a hurry, he told me that since he figured I was a good guy, so instead of writing me up for multiple equipment violations, and that he could see I was broke, he wrote me up for 5 over. To repay that favor, I will be taking it easy for quite a while.
    Last edited by stainless1911; 08-01-2010 at 08:24 PM.

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    Regular Member Taurus850CIA's Avatar
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    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    what?

    I suspect this has something to do with comments on another thread a couple days ago.

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    Regular Member Taurus850CIA's Avatar
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    No, dude. Maybe you ought to slow down, cuz it's the right thing to do, not as a favor to a cop. Maybe, just maybe, you should reconsider your decision making process. I see a lot of poor judgment in your history. You've come leaps and bounds in your understanding of the law, but you really need to step back and evaluate your decisions.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    If I were in his position, I would have cut the guy a break too, CPL or not. He did the right thing. And wound up getting what he wanted anyhow. Like I said, I'll be taking it easy for a while. Unlike the last time when the cop wouldnt cut me a break for what was an honest mistake. I thought I was in a 35 when I was in a 25, but he threw the book at me. Now I will never spend a dime in that town again. They got all they will ever get from me. This guy was a real @$$ in court to everyone that day. There is no excuse for such an attitude in uniform. One other driver also swore to never visit the town again. It is my understanding that Clarkston will soon be losing their police department, and it is years of this BS that caused it. People don't want to spend their tax dollars this way, let OCSD cover it. They are more than capable, and don't typically act like this clown.

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    Regular Member sprinklerguy28's Avatar
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    Quote Originally Posted by stainless1911 View Post
    what?

    I suspect this has something to do with comments on another thread a couple days ago.
    Or it could be you admitted to driving recklessly at a high rate of speed in a vehicle with a smashed out windshield described by you as a "POS". You were putting others at risk. You then repeatedly try to claim you are a responsible law abiding citizen that got misrepresented by your attorney and screwed over by the court. To keep posting in the manner in which you have only serves to lessen your credibility if you have any left. Think before you type.

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    Regular Member Taurus850CIA's Avatar
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    Quote Originally Posted by stainless1911 View Post
    If I were in his position, I would have cut the guy a break too, CPL or not. He did the right thing. And wound up getting what he wanted anyhow. Like I said, I'll be taking it easy for a while. Unlike the last time when the cop wouldnt cut me a break for what was an honest mistake. I thought I was in a 35 when I was in a 25, but he threw the book at me. Now I will never spend a dime in that town again. They got all they will ever get from me. This guy was a real @$$ in court to everyone that day. There is no excuse for such an attitude in uniform. One other driver also swore to never visit the town again. It is my understanding that Clarkston will soon be losing their police department, and it is years of this BS that caused it. People don't want to spend their tax dollars this way, let OCSD cover it. They are more than capable, and don't typically act like this clown.
    Interesting. I've spent a very large portion of my life in Clarkston, and have never been bothered by Clarkston police.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    I drive what is safe for myself and others. Speed limits are taxes. For one thing, I have been driving the same make and model car since 1991, I know this car very well. Never wrecked one.

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    SG 28. Traffic was light, and I wasn't passing anyone else out there that day, we were all driving at the same rate of speed. Reckless? Not even remotely close.
    Last edited by stainless1911; 08-01-2010 at 08:55 PM.

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    Regular Member Taurus850CIA's Avatar
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    Quote Originally Posted by stainless1911 View Post
    I drive what is safe for myself and others. Speed limits are taxes. For one thing, I have been driving the same make and model car since 1991, I know this car very well. Never wrecked one.
    Only if you break them.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    Regular Member sprinklerguy28's Avatar
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    some people just don't get it and never will.

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    Regular Member Taurus850CIA's Avatar
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    Quote Originally Posted by stainless1911 View Post
    SG 28. Traffic was light, and I wasn't passing anyone else out there that day, we were all driving at the same rate of speed. Reckless? Not even remotely close.
    Everyone was doing mid to upper XXX's?
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    Sure, someone like me could lose their license for being broke, driving the same way the guy next to me, but the guy in the Mercedes can just pay off the courts and drive on. Sounds fair.

    This cop should be applauded for knowing the difference, and keeping people from me out of Granholms double jeopardy law.

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    Regular Member Taurus850CIA's Avatar
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    Quote Originally Posted by stainless1911 View Post
    Sure, someone like me could lose their license for being broke, driving the same way the guy next to me, but the guy in the Mercedes can just pay off the courts and drive on. Sounds fair.

    This cop should be applauded for knowing the difference, and keeping people from me out of Granholms double jeopardy law.
    Know why that guy has a Mercedes? He made some damn good decisions.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    Lets say that there are 2 cars driving next to each other, a chevette, and a corvette. they are alone on a straight stretch of interstate on a clear day. They are both doing 100 mph. Only one of those cars is speeding. But its the other who gets the ticket.

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    Regular Member sprinklerguy28's Avatar
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    Quote Originally Posted by stainless1911 View Post
    SG 28. Traffic was light, and I wasn't passing anyone else out there that day, we were all driving at the same rate of speed. Reckless? Not even remotely close.
    So if your "POS" had a mechanical failure and crashed, you would not be endangering anyone? Even if it was only you that crashed, there are first responders who will now risk their lives in responding to the scene. You are completely clueless about your actions. My only hope is when you screw up again you don't harm anyone else in the process.

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    Regular Member Taurus850CIA's Avatar
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    Quote Originally Posted by stainless1911 View Post
    Lets say that there are 2 cars driving next to each other, a chevette, and a corvette. they are alone on a straight stretch of interstate on a clear day. They are both doing 100 mph. Only one of those cars is speeding. But its the other who gets the ticket.
    Don't be either one of those drivers.
    "Fault always lies in the same place, my fine babies: with him weak enough to lay blame." - Cort

    Gun control is like trying to reduce Drunk Driving by making it tougher for sober people to own cars.

    Sentio aliquos togatos contra me conspirare.

    The answer to "1984" is "
    1776"

    With freedom comes much responsibility. It is for this reason so many are loathe to exercise it.

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    When driving across the country, often, the only thing that changes is the speed limit itself, yet somehow, the driver is considered "unsafe" just by crossing some imaginary line in the sand set by some politician who doesn't know any more about driving than about gun control.

    What about those drivers in countries where they are allowed to drive as their cars are designed to drive? They are unsafe, reckless, irresponsible, with poor judgement? I think not, they are just driving to work, or coming home from the store, going much faster than my car ever could.

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    Speed doesn't kill any more than guns do.

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