5.6Taking a Plea Under Advisement

MCR 6.302(F), the court rule authorizing a court to take a plea under advisement, is not applicable to misdemeanor pleas. See MCR 6.001(B). In addition, no statute or court rule language has been identified that authorizes district courts to take a misdemeanor guilty plea under advisement. For more information on misdemeanor pleas, see the Michigan Judicial Institute’s Criminal Proceedings Benchbook, Vol. 1, Chapter 6.

MCL 257.732(21) explicitly prohibits courts from taking under advisement any traffic offense that requires reporting to the Secretary of State:

“Notwithstanding any other law of this state, a court shall not take under advisement an offense committed by an individual while operating a motor vehicle for which this act requires a conviction or civil infraction determination to be reported to the secretary of state. A conviction or civil infraction determination that is the subject of this subsection must not be masked, delayed, diverted, suspended, or suppressed by a court. Upon a conviction or civil infraction determination, the conviction or civil infraction determination must immediately be reported to the secretary of state in accordance with this section.”