1.38Felony in Which a Motor Vehicle Was Used

The MVC defines a felony in which a motor vehicle was used as

“a felony during the commission of which the individual operated a motor vehicle and while operating the vehicle presented real or potential harm to individuals or property and 1 or more of the following circumstances existed:

(a)    The vehicle was used as an instrument of the felony.

(b)    The vehicle was used to transport a victim of the felony.

(c)    The vehicle was used to flee the scene of the felony.

(d)    The vehicle was necessary for the commission of the felony.” MCL 257.732(6). (Note: MCL 257.319(2)(c) and MCL 257.303(7) contain substantially similar definitions.)

The MVC mandates license suspension for one year upon conviction of any offense categorized as a felony in which a motor vehicle was used. MCL 257.319(2)(c). The MVC further includes a felony in which a motor vehicle was used in the list of specified offenses for which a combination of two or more convictions within 7 years requires license revocation and denial. MCL 257.303(2)(b).

“If a person is charged with a felony in which a motor vehicle was used, other than a felony specified in [MCL 257.732(4) or MCL 257.319], the prosecuting attorney shall include the following statement on the complaint and information filed in district or circuit court:

‘You are charged with the commission of a felony in which a motor vehicle was used. If you are convicted and the judge finds that the conviction is for a felony in which a motor vehicle was used, as defined in section 319 of the Michigan vehicle code, 1949 PA 300, MCL 257.319, your driver’s license shall be suspended by the secretary of state.’.” MCL 257.732(7).

A substantially similar notice is required in juvenile proceedings when a juvenile is accused of an act, the nature of which constitutes a felony in which a motor vehicle was used, other than a felony specified in MCL 257.732(4) or MCL 257.319. MCL 257.732(8).

“If the court determines as part of the sentence or disposition that the felony for which the person was convicted or adjudicated and with respect to which notice was given under [MCL 257.732(7) or MCL 257.732(8)] is a felony in which a motor vehicle was used, the clerk of the court shall forward an abstract of the court record of that conviction to the secretary of state.” MCL 257.732(9).

Felonies categorized as a felony in which a motor vehicle was used are not separate offenses that are subject to additional criminal penalties; rather, criminal penalties in these cases are imposed according to the applicable penal statute. The felony in which a motor vehicle was used categorization is a judicial determination made after conviction, MCL 257.732(9), that results in the imposition of licensing sanctions pursuant to MCL 257.319(2)(c) (suspension of the defendant’s driver’s license for one year for a first offense), and MCL 257.303(2)(b) (revocation and denial of the defendant’s driver’s license upon conviction within seven years of two felonies in which a motor vehicle was used, or a combination of convictions including one felony in which a motor vehicle was used and another enumerated offense).1 Further, MCL 257.320a(1)(a) imposes 6 points for a felony resulting from the operation of a motor vehicle.

However, certain traffic offenses that are likely to meet the definition of a felony in which a motor vehicle was used will not be subject to the sanctions associated with the designation because the secretary of state has already coded many traffic offenses for specific licensing sanctions.2 See the Secretary of State’s Offense Code Index for Traffic Violations (setting forth the offense code numbers for particular offenses, including a separate code for a felony in which a motor vehicle was used, and designating particularized licensing sanctions for each offense on the basis of its code).

1    Note that revocation and denial under MCL 257.303(2)(b) does not necessarily require a conviction of a felony in which a motor vehicle was used; rather, revocation will occur if a defendant is twice convicted within seven years of any of the offenses listed in that statute. See Section 1.43 (license denial) and Section 1.44 (license revocation) for more information on licensing sanctions under MCL 257.303.

2   For example, the following offenses may be committed in a fashion that satisfies the statutory definition of a felony in which a motor vehicle was used, but have separate offense codes and are subject to license revocation and denial, not license suspension: MCL 257.602a (fleeing and eluding); MCL 257.653a (failure to use due care and caution causing injury or death to emergency response personnel); MCL 257.617 (leaving the scene of an accident); MCL 257.601b (moving violation causing death in a work or school bus zone); MCL 257.601c (moving violation causing death of operator of implement of husbandry); MCL 257.904 (operating a motor vehicle while unlicensed); MCL 257.626 (reckless driving causing serious impairment of bodily function or death); and MCL 750.321 (manslaughter). All of these offenses are discussed in Chapter 8. The secretary of state code for a felony in which a motor vehicle was used is 1430, the above offenses are assigned different, individual codes that do not include the felony in which a motor vehicle was used code. The code for each offense is set forth in the Offense Code Index for Traffic Violations.