A.Mandatory Suspension Under § 319
“The secretary of state shall immediately suspend an individual’s license as provided in [MCL 257.319] on receiving a record of the individual’s conviction for a crime described in [MCL 257.319], whether the conviction is under a law of [Michigan], a local ordinance that substantially corresponds to a law of [Michigan], a law of another state that substantially corresponds to a law of [Michigan], or, beginning October 31, 2010, a law of the United States that substantially corresponds to a law of [Michigan].” MCL 257.319(1). For information regarding when license suspension applies under MCL 257.319, see the section on sanctions for each offense(s) in Chapters 3 and 4 (civil infractions), Chapters 5 and 6 (misdemeanors), and Chapters 7 and 8 (felonies).
“If the secretary of state receives records of more than 1 conviction of an individual that results from the same incident, a suspension must be imposed only for the violation to which the longest period of suspension applies[.]” MCL 257.319(12). Moreover, the secretary of state may waive any suspension “if the individual submits proof that a court in another state revoked, suspended, or restricted his or her license for a period equal to or greater than the period of a restriction, suspension, or revocation prescribed under [the MVC] for the violation and that the revocation, suspension, or restriction was served for the violation[.]” MCL 257.319(13). The secretary of state may also issue a restricted license under these circumstances. Id. However, “[t]he secretary of state shall not issue a restricted license to an individual whose license is suspended under [MCL 257.319] unless a restricted license is authorized under [MCL 257.319] and the individual is otherwise eligible for a license.” MCL 257.319(14). For more information on license denial see Section 1.43. See also MCL 257.319(15) and MCL 257.319(16) for the circumstances under which a restricted license may be issued.
B.Mandatory Suspension for Failure to Answer Citation/Notice to Appear or Failure to Comply with Order/Judgment
Failure to answer a citation or notice to appear or failure to comply with an order or judgment may result in a mandatory license suspension. See MCL 257.321a(1)-(3); MCR 4.101(G)(2)(b).
1. Notice to Individual of Possible Suspension
“Except as provided in [MCL 257.321a(2)1], 28 days or more after an individual fails to answer a citation, or a notice to appear in court for a violation for which license suspension is allowed under [the MVC] or a local ordinance that substantially corresponds to a violation for which license suspension is allowed under [the MVC], or fails to comply with an order or judgment of the court for a violation for which license suspension is allowed under [the MVC], including, but not limited to, paying all fines, costs, fees, and assessments, the court shall give notice by mail at the last known address of the individual that if the individual fails to appear or fails to comply with the order or judgment within 14 days after the notice is issued, the secretary of state shall suspend the individual’s operator’s . . . license.” MCL 257.321a(1).
Pursuant to MCL 257.321a(2), “[i]f an individual is charged with, or convicted of, a violation of [MCL 257.625, MCL 257.626], any driving violation under [the Michigan Vehicle Code] that causes injury, death, or serious impairment of a body function of another individual, a serious offense involving a motor vehicle, or a local ordinance that substantially corresponds to [MCL 257.625(1)-(3), MCL 257.625(6), MCL 257.625(8), or MCL 257.626], and the individual fails to answer a citation or a notice to appear in court, or a notice to appear for any matter pending, or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, the court shall immediately give notice by first-class mail sent to the individual’s last known address that if the individual fails to appear within 7 days after the notice is issued, or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, within 14 days after the notice is issued, the secretary of state shall suspend the individual's operator's . . . license. If the individual fails to appear within the 7-day period, or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, within the 14-day period, the court shall immediately inform the secretary of state who shall immediately suspend the individual’s operators . . . license[.]”
2.Notice to Secretary of State to Suspend License
Generally, “[i]f the individual fails to appear or fails to comply with the order or judgment within the 14-day period, the court shall, within 14 days, inform the secretary of state, who shall immediately suspend the license of the individual.”2 MCL 257.321a(1). However, if the violation is one listed in MCL 257.321a(2), and “the individual fails to appear within the 7-day period, or fails to comply with the order or judgment of the court, including, but not limited to, paying all fines, costs, and crime victim rights assessments, within the 14-day period, the court shall immediately inform the secretary of state who shall immediately suspend the individual’s operator’s . . . license[.]”3 Id.
3.Length of Suspension
“A suspension imposed under [MCL 257.321a(1) or MCL 257.321a(2)] remains in effect until both of the following occur:
(a) The secretary of state is notified by each court in which the individual failed to answer a citation or notice to appear or failed to pay a fine or cost that the individual has answered that citation or notice to appear or paid that fine or cost.[4]
(b) The individual has paid to the court a $45.00 driver license clearance fee for each failure to answer a citation or failure to pay a fine or cost.” MCL 257.321a(3).
The distribution of fees collected pursuant to MCL 257.321a(3)(b) is set forth by MCL 257.321a(5).
C.Mandatory Additional Like Periods of Suspension Under § 904
MCL 257.904(10)-(12) require the Secretary of State to impose additional periods of license suspension upon conviction or determination of responsibility for enumerated offenses:
“(10) On receiving a record of an individual’s conviction or civil infraction determination for the unlawful operation of a motor vehicle or a moving violation reportable under [MCL 257.732] while the individual’s operator's or chauffeur’s license is suspended or revoked, the secretary of state immediately shall impose an additional like period of suspension or revocation. This subsection applies only if the violation occurs during a suspension of definite length or if the violation occurs before the individual is approved for a license following a revocation.
(11) On receiving a record of an individual’s conviction or civil infraction determination for the unlawful operation of a motor vehicle or a moving violation reportable under [MCL 257.732] while the individual’s operator's or chauffeur’s license is indefinitely suspended or whose application for a license has been denied, the secretary of state immediately shall impose a 30-day period of suspension or denial.
(12) On receiving a record of the conviction, bond forfeiture, or a civil infraction determination of an individual for unlawful operation of a motor vehicle that requires a vehicle group designation while the designation is suspended or revoked under [MCL 257.319b], or while the individual is disqualified from operating a commercial motor vehicle by the United States Secretary of Transportation or under 49 USC 31301 to [49 USC 31317], the secretary of state immediately shall impose an additional like period of suspension or revocation. This subsection applies only if the violation occurs during a suspension of definite length or if the violation occurs before the individual is approved for a license following a revocation.”
D.No Appeal to the Secretary of State
“Any period of suspension or restriction required under [MCL 257.319] is not subject to appeal to the secretary of state.” MCL 257.319(21).
“If [a] defendant believe[s] that his license was improperly suspended, his [or her] action should [be] to petition for a hearing in circuit court for an order modifying or setting aside the suspension.” People v Glantz, 124 Mich App 531, 533 (1983) (holding that “[a] collateral attack on the validity of the suspension of a driver’s license in a case where the defendant is charged with driving while his [or her] license is suspended is improper”).
1 MCL 257.321a(2) applies to certain criminal offenses involving alcohol, drugs, and/or intoxicating substances.
2 “The secretary of state shall immediately notify the individual of the suspension by regular mail at the individual’s last known address.” MCL 257.321a(1).
3 The secretary of state must immediately “notify the individual of the suspension by first-class mail sent to the individual’s last known address.” MCL 257.321a(2).
4 “[T]he court shall give . . . the individual a copy of the information being transmitted to the secretary of state. Upon showing that copy, the individual must not be arrested or issued a citation for driving on a suspended license, on an expired license, or without a license[,] . . . even if the information being sent to the secretary of state has not yet been received or recorded by the department.” MCL 257.321a(4).