John Graziani
Experienced Attorney in Michigan Criminal Defense
DRUNK DRIVING LAWS
Current drunk driving laws in Michigan allow Judges the opportunity to impound a motor vehicle in a drunk driving offense. Such steps are more likely in a 2nd and 3rd offense. Such a measure is less likely in a first offense.
In addition, there are going to be stiffer penalties and sanctions for persons who allow persons with suspended licenses to drive their cars.
DRIVING RECORDSThe Secretary of State keeps your records for a lifetime. However, for purposes of being fully licensed, that office can only use points that have been accumulated for 2 years in imposing sanctions against you.
Your insurance company will use points imposed in the last 3 years in the equation to determine auto insurance rates. (A Drunk Driving Offense will immediatley impose sanctions, even with a crystal clean record.
MICHIGAN’S DRIVER RESPONSIBILITY LAW
In an effort to promote greater traffic safety, Michigan has a new Driver Responsibility Program to deter potentially dangerous driving behavior, thereby saving lives.
Effective October 1, 2003, the Driver Responsibility Program calls for a monetary fee for driven who:
Are convicted of specific qualjfying offenses
Accumulate seven or more qualjfying points on their driving records.
ABOUT THE LAWUnder Michigan law, drivers may face a separate fee after they are convicted or found responsible for certain traffic offenses. This fee is in addition to any other tine or penalty imposed by the court.
ANNUAL FEES FOR SPECIFIC OFFENSESFees are imposed for specific traffic offenses as defined by law. Drivers convicted of one of these qualifying offenses will be imposed a Driver Responsibility fee for two consecutive years.
Operating While lntoxicated-$1 000
Felonious Driving- $1000
Reckless Driving- $500
Driving While License Susp- $500
No Proof of Insurance- $200
Drove with Expired License- $150
Drove w/o endorsement- $150
Multiple Driver Responsibility fees are imposed if a driver has more than one qualifying offense.
ANNUAL FEE FOR 7 OR MORE POINTS
There is a second type of Driver Responsibility Fee. It applies to drivers who accumulate 7 or more points on their driving record. However, only points from general moving violations count-not points for offenses with a specific fee as described earlier. This fee is calculated once per year and will be imposed every year until the driver has less than 7 points. Points remain on the driving record for two years from the date a driver is found guilty or deemed responsible for an offense.
Moving violations have points. Some of the more common moving violations that can lead to a points-based fee are:
SPEEDING 2-5 POINTS
CARELESS DRIVING 3 POINTS
FAIL TO YIELD 3 POINTS
IMPROPER TURN 2 POINTS
DISOBEYING SIGNAL 3 POINTS
DISOBEYING STOP 3 POINTS
FAIL STOP FOR BUS 3 POINTS
IMPROPER PASSING 3 POINTS
TAILGATING 2 POINTS
The fees begin at $100 for 7 points and increase by $50 for each additional point on the record:
SAFE DRIVING: A SHARED RESPONSIBILITY
High-risk drivers are more likely to be involved in crashes and to receive additional convictions. Also, drivers incurring 12 or more points on their driving records are subject to a driver reexamination by the Michigan Department of State with a possible loss of driving privileges. Don’t put yourself at risk. Drive safely!!!!
Michigan MInor in Possession Laws
On April 12, 2004, Governor Jennifer Granholm signed into law Public Act No. 63, giving Michigan one of the strongest minor in possession (MIP) laws in the country. This is the first major revision of Michigan’s MIP law since 1998. The changes in the law will go into effect September 1, 2004.
Important changes in the law include the following:
1. The definition of being “in possession of alcohol” now explicitly includes blood alcohol content (BAC).
The Michigan Court of Appeals [People v Rutledge, 250 Mich App 1, 645 NWrd 333 (2002)] interpreted the current law’s language of “consume” and “possess” to mean
“acts taking place in the present.” Hence, a person could not be prosecuted for still having in his or her body something that was consumed in the past or that a person
no longer had control over, e.g., during digestion. This new law now prohibits “any bodily alcohol content.” It is the same language that is used in the zero tolerance law
for a minor driving a car. In addition, the statute states that if a minor drank the alcohol legally either in Canada or Wisconsin, it is an affirmative defense during a trial. It is not an issue on citing a minor with MIP. NOTE: The affirmative defense does not affect the zero tolerance section for the OWI law. It is still illegal for a minor to drive with a BAC of .02 or more. The exceptions that have existed to this prohibition continue. They include when a minor is (1) enrolled in a course offered by an accredited post-secondary educational institution in an academic building of the institution under the supervision of a faculty member solely for educational
purposes and a requirement of the course. (2) consuming sacramental wine in connection with religious services at a church, synagogue, or temple.
2. The new law gives judges discretion to use jail time when a youth has a prior MIP conviction AND fails to complete any treatment, screening, or community service activities ordered by the court or fails to pay any fine. The absence of a provision for jail time has been a problem since the original MIP law was passed in 1998. Some judges have been unwilling to require education, treatment, or community service because they have no method of enforcing these
requirements. If the education and community service activities are effectively structured they may actually have more impact on first time violators than the fine.
This is because the parents often pay the fine, but the youth is required to spend the time fulfilling the probationary activities.
3. The new law gives a first-time offender the break of not having a misdemeanor record if he/she completes probation requirements. This law provides for a discharge and dismissal for a first offense. When an individual who has not previously been convicted of, or received a juvenile
adjudication for, a violation of the MIP laws, the court – without entering a judgment of guilt and with the consent of the minor – could defer further proceedings and place the individual on probation. The probation terms and conditions would include, but not be limited to, payment of the costs as provided under the Probate Code and the Code of Criminal Procedure and payment of a probation supervision fee as
prescribed in the Code of Criminal Procedure. The court will maintain a nonpublic record of the arrest, admission, and education/treatment/community service requirements while proceedings are deferred and the individual is on probation.
4. The new law sets up a system with the Secretary of State for tracking first time offenders of the Michigan MIP law and comparable local ordinances.
Beginning September 1, 2004, the clerk of the court shall also forward an abstract of the court record to the secretary of state if a person has pled guilty to, or offered a plea of admission in, a juvenile proceeding for a violation of the new law or a local ordinance substantially corresponding to section 703 of Michigan’s MIP law. The secretary of state will retain a nonpublic record of an arrest, plea, and discharge or
dismissal. This record can only be furnished to the following: A. to a court, prosecutor, or police agency upon request for the purpose of determining if an
individual had already used the diversion provision. B. To the Department of Corrections, a prosecutor, or a law enforcement agency upon request subject to the
following conditions: 1) at the time of the request, the individual was employed by one of these entities or was an applicant for employment; and 2) the record was
used by the entity only to determine whether an employee had violated his or her conditions of employment or whether an applicant met criteria for employment.
5. The new law permits 19 and 20 year olds who consumed alcohol legally the option to use this as an affirmative defense. The law now includes a provision for minors who legally consume alcohol in Canada or Wisconsin to offer this as “an affirmative defense” in a criminal prosecution. This
means that the police may arrest any youth with a BAC of .02 or above. If the youth can prove in a court of law that he/she consumed the alcohol in a venue or location where that consumption is legal, the charge will be dismissed. It is not an issue on citing a minor with MIP. NOTE: The affirmative defense does not affect the zero tolerance section for the OWI law. It is still illegal for a minor to drive with a BAC of
.02 or more.