Fail to Disclose CCW

My question involves criminal law for the state of: Michigan

On 12/23/2009 I was returning home from work and was stopped for a minor traffic violation . I gave the officer my license, registration and proof of insurance. After approximately 5 minutes I realized I had not made him aware of me being a CCW permit holder by including the license with my other information. I did not want to alarm the officer by exiting my vehicle, so I instead waited for him to return and produced my valid CCW license for him and apologized for not giving it to him before. I answered all his questions with regard to my CCW permit and where my weapon was located. He returned to his vehicle and returned with 2 tickets one for Speeding 55 mph in a 50 mph zone and the second, Fail to immediately disclose possession of CCW. While I understand that I should have made him aware sooner than I did - I did make him aware of it, and do not feel that the ticket is justified. I am a responsible CCW holder and take that responsibility very seriously. I had a momentary lapse in my thinking which I corrected at my earliest convenience, and I don’t think I should be penalized as a result.
I have spoken to 2 prosecutors regarding this and they both suggested a delayed sentence, the officer however for some reason is not inclined to compromise, just curious if I need a lawyer to help me out on this one. (I have a formal hearing set for the 24th of FEB) I understand the law and I have acknowledged I was wrong, but I am a law abiding citizen with no criminal record or history, I am also responsible gun owner. Any advice is appreciated.

You're talking about this statute - a civil infraction? What does the prosecutor say he'll recommend in terms of a disposition - if your concern is the suspension of your CCW, perhaps the prosecutor will agree to request that you not get a suspension; it's not always possible, but sometimes you can even get the court to agree to the disposition prior to the plea.

Quote:

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Quoting MCL 28.425f Concealed pistol license; possession; disclosure to police officer; violation; penalty; seizure; forfeiture; "peace officer" defined.

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(1) An individual who is licensed under this act to carry a concealed pistol shall have his or her license to carry that pistol in his or her possession at all times he or she is carrying a concealed pistol.

(2) An individual who is licensed under this act to carry a concealed pistol and who is carrying a concealed pistol shall show both of the following to a peace officer upon request by that peace officer:

(a) His or her license to carry a concealed pistol.

(b) His or her driver license or Michigan personal identification card.

(3) An individual licensed under this act to carry a concealed pistol and who is carrying a concealed pistol and who is stopped by a peace officer shall immediately disclose to the peace officer that he or she is carrying a pistol concealed upon his or her person or in his or her vehicle.

(4) An individual who violates subsection (1) or (2) is responsible for a state civil infraction and may be fined not more than $100.00.

(5) An individual who violates subsection (3) is responsible for a state civil infraction and may be fined as follows:

(a) For a first offense, by a fine of not more than $500.00 or by the individual's license to carry a concealed pistol being suspended for 6 months, or both.

(b) For a subsequent offense within 3 years of a prior offense, by a fine of not more than $1,000.00 and by the individual's license to carry a concealed pistol being revoked.

(6) If an individual is found responsible for a state civil infraction under this section, the court shall notify the department of state police and the concealed weapon licensing board that issued the license of that determination.

(7) A pistol carried in violation of this section is subject to immediate seizure by a peace officer. If a peace officer seizes a pistol under this subsection, the individual has 45 days in which to display his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer. If the individual displays his or her license or documentation to an authorized employee of the law enforcement entity that employs the peace officer within the 45-day period, the authorized employee of that law enforcement entity shall return the pistol to the individual unless the individual is prohibited by law from possessing a firearm. If the individual does not display his or her license or documentation within the 45-day period, the pistol is subject to forfeiture as provided in section 5g. A pistol is not subject to immediate seizure under this subsection if both of the following circumstances exist:

(a) The individual has his or her driver license or Michigan personal identification card in his or her possession when the violation occurs.

(b) The peace officer verifies through the law enforcement information network that the individual is licensed under this act to carry a concealed pistol.

(8) As used in this section, "peace officer" includes a motor carrier officer appointed under section 6d of 1935 PA 59, MCL 28.6d, and security personnel employed by the state under section 6c of 1935 PA 59, MCL 28.6c.

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