NOW COMES Defendant, [REDACTED], by and through her attorney, Patrick Maizy (P79503), who hereby Motions this Honorable Court for Relief from the Judgment stemming from a citation which was issued on August 22, 2018:

1. On August 22, 2018, Defendant [REDACTED] was cited for a violation described on the citation as "EXPIRED PLATES" and "NO PROOF OF INSURANCE."

2. Defendant [REDACTED] sought information from various attorneys regarding the charge, including possible ramifications of a conviction.

3. Defendant [REDACTED] researched the offense in the Michigan Offense Code Index for Traffic Violations (DLAD-239).

4. Upon discovering that the offense was a non-abstracting offense, Defendant [REDACTED] elected to simply pay the fine associated with said offense, assuming the matter would then be dismissed or otherwise would not impact Defendant's record(s).

5. Judgment was entered against Defendant [REDACTED], and Defendant subsequently paid the assessed fine.

6. Defendant [REDACTED] has been adversely affected by record of the conviction.

7. Defendant [REDACTED] now seeks Relief from Judgment based on relevant court rules and an opportunity to litigate the matter.

WHEREFORE, Defendant requests this Honorable Court grant Relief from the Judgment stemming from a citation which was issued on August 22, 2018 and set the matter for a pretrial.

Dated: April 28, 2019

Respectfully submitted,

Patrick Maizy (P79503)

Attorney for Defendant

Phone: (248) 388-8363

Fax: (248) 928-2271

Email: patrickmaizy@gmail.com

DEFENDANT'S BRIEF IN SUPPORT OF MOTION FOR RELIEF FROM JUDGMENT

MCR 4.101(D)(3) – MOTION TO SET ASIDE DEFAULT JUDGMENT

Defendant is seeking relief from the judgment of this Honorable Court stemming from a charge which was issued on August 22, 2018, whereby Defendant was found responsible of violations of MCL 257.255, described on the citation as "EXPIRED PLATES" and "NO PROOF OF INSURANCE." Under Michigan Court Rule 4.101(D)(3) – Civil Infraction Actions, Motion to Set Aside Default, Defendant may "use the procedure set forth in 2.603(D)."

MCR 2.603(D) – SETTING ASIDE A DEFAULT JUDGMENT

Under MCR 2.603(D)(3), "the court may set aside a default and a default judgment in accordance with MCR 2.612."

MCR 2.612 – RELIEF FROM JUDGMENT OR ORDER

Under Michigan Court Rule 2.612(C)(1), on motion and just terms, a court may relieve a party from a final judgment on any of the following grounds:

(a) Mistake, inadvertence, surprise, or excusable neglect, OR

(f) Any other reason justifying relief from the operation of the judgment.

In the case at bar, Defendant [REDACTED] was under the impression that the above-mentioned charges would be dismissed, or would be otherwise completely removed from his record upon his payment of a fine. Defendant [REDACTED]'s faulty understanding of the implications of paying the fine associated with his infraction was based on information he received from various credible legal sources. Namely, Defendant [REDACTED] was told that these charges were not of the abstractable sort, and as such, would not appear on his criminal or driving record. Furthermore, Defendant [REDACTED] researched the offense in the Michigan Offense Code Index for Traffic Violations (DLAD-239), which also indicated that the offense would not abstract. Defendant [REDACTED] subsequently paid the assessed fines, assuming doing so would not impact him in his future endeavors. In fact, this charge has adversely impacted Defendant [REDACTED] in his attempt to obtain state licensing. Defendant [REDACTED] wishes to be relieved from the judgment entered by this Honorable Court, and be allowed to re-litigate the matter.

Counsel contends that this motion is not time-barred. In Hammond, the Michigan Court of Appeals held that some grounds for relief from judgment can be made within one year of the date the judgment was issued, and furthermore held that motions under MCR 2.612(C)(1)(d) and (f) are not even subject to the one-year rule, but must simply be made "within a reasonable time." In re Hammond, No. 343822, 2018 WL 5726710 (Mich. Ct. App. Nov. 1, 2018).

WHEREFORE, Defendant requests this Honorable Court grant Relief from the Judgment stemming from a citation which was issued on August 22, 2018 in the form of resetting the matter for a pretrial.