“The Secretary of State has the statutory power to review driving records and determine sanctions.” People v Greenlee, 133 Mich App 734, 737 (1984). “[I]t [is] not within the jurisdiction of the district court to place a civil defendant on probation and restrict his [or her] driving privileges.” Id.
The following subsections briefly address available licensing sanctions. For a detailed discussion of licensing sanctions, see See the Michigan Judicial Institute’s Traffic Benchbook, Chapter 1.
The Offense Code Index for Traffic Violations published by the secretary of state and sourced from the Michigan Department of State Court Manual includes a table detailing traffic offenses and applicable sanctions.
Committee Tip:
Generally, the imposition of licensing sanctions is the responsibility of the Michigan Secretary of State (SOS), and the court orders the SOS to impose the licensing sanction in a notation on the abstract of conviction. A district court magistrate can only order licensing sanctions for some 93-day misdemeanors within his or her sentencing authority pursuant to MCL 600.8511(b), but should nonetheless be aware of all the criminal offenses involving court-imposed licensing sanctions for purposes of advising defendants at arraignment of the effect of a plea or conviction. The Offense Code Index For Traffic Violations includes a table detailing traffic offenses and the applicable sanctions.
“Each municipal judge and each clerk of a court of record shall keep a full record of every case in which an individual is charged with or cited for a violation of [the MVC] or a local ordinance substantially corresponding to [the MVC] regulating the operation of vehicles on highways[.]” MCL 257.732(1).
“Except as provided in [MCL 257.732(16)], the municipal judge or clerk of the court of record shall prepare and forward to the secretary of state an abstract of the court record as follows:
(a) Not more than 5 days after a conviction, forfeiture of bail, or entry of a civil infraction determination or default judgment upon a charge of or citation for violating or attempting to violate [the MVC] or a local ordinance substantially corresponding to [the MVC] regulating the operation of vehicles on highways.” MCL 257.732(1)(a).1
“The abstract or report required under [MCL 257.732] must be made upon a form furnished by the secretary of state. An abstract must be certified by signature, stamp, or facsimile signature of the individual required to prepare the abstract as correct. An abstract or report must include all of the following:
(a) The name, address, and date of birth of the individual charged or cited.
(b) The number of the individual’s operator’s . . . license, if any.
(c) The date and nature of the violation.
(d) The type of vehicle driven at the time of the violation[.]
(e) The date of the conviction, finding, forfeiture, judgment, or civil infraction determination.
(f) Whether bail was forfeited.
(g) Any license restriction, suspension, or denial ordered by the court as provided by law.
(h) The vehicle identification number and registration plate number of all vehicles that are ordered immobilized or forfeited.
(i) Other information considered necessary to the secretary of state.” MCL 257.732(3).
Certain offenses do not require submission of an abstract. See MCL 257.732(16).2
“Except as provided in [the MVC] and notwithstanding any other provision of law, a court shall not order expunction of any violation reportable to the secretary of state under [MCL 257.732].” MCL 257.732(22).
Upon receipt of an abstract, the secretary of state must determine an individual’s eligibility to attend a basic driver improvement course. MCL 257.320d.3
Except as otherwise provided in MCL 257.320a and MCL 257.629c, “[w]ithin 5 days after receipt of a properly prepared abstract from a court of [Michigan] or another state, the secretary of state shall record the date of conviction, civil infraction determination, or probate court disposition, and the number of points for each, based on the [formula set out in MCL 257.320a(1)].” MCL 257.320a(1).4
“[T]he court shall not submit, and the secretary of state shall discard and not enter on the master driving record, an abstract for a conviction . . . for . . . [a] nonmoving violation that is not the basis for the secretary of state’s suspension, revocation, or denial of an operator’s . . . license.” MCL 257.732(16)(b). Similarly, “[t]he court shall not submit, and the secretary of state shall discard and not enter on the master driving record, an abstract for a conviction . . . for . . . [a] violation of [MCL 257.201 et seq.] that is not the basis for the secretary of state’s suspension, revocation, or denial of an operator’s license.” MCL 257.732(16)(c).
MCL 257.303(1) lists conditions that require the secretary of state to deny issuance of an operator’s license. Although most of the enumerated circumstances are outside the scope of this manual, an individual’s application for a license must be denied if the individual’s “license is suspended, revoked, denied, or canceled in any state. If the suspension, revocation, denial, or cancellation is not from the jurisdiction that issued the last license to the individual, the secretary of state may issue a license after the expiration of 5 years from the effective date of the most recent suspension, revocation, denial, or cancellation.” MCL 257.303(1)(c). See also MCL 257.303(2) (“[o]n receiving the appropriate records of conviction, the secretary of state shall . . . deny issuance of an operator’s . . . license”). In addition, certain individuals with certain enumerated convictions, juvenile dispositions, or civil infraction determinations must also be denied an operator’s license. See MCL 257.303(1)(i)-(j).
“On receiving the appropriate records of conviction, the secretary of state shall revoke the operator’s . . . license of an individual and deny issuance of an operator’s . . . license to an individual” who has a conviction or a combination of convictions for the offenses specified in the statute. MCL 257.303(2).
MCL 257.319 sets forth a list of convictions for which suspension of a person’s driver’s license is mandatory. “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). Note that a suspension will result from a conviction for an attempted misdemeanor traffic offense for which suspension is mandatory. MCL 257.204b.
“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).
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).
Under MCL 257.904d(1), vehicle immobilization may be a mandatory or discretionary sanction for a conviction of certain enumerated offenses. Similarly, immobilization is authorized if the person violates any of the enumerated offenses found in MCL 257.904d(2) “during a period of suspension, revocation, or denial[.]”
“The court may order vehicle immobilization under [MCL 257.904d] under either of the following circumstances:
(a) The defendant is the owner, co-owner, lessee, or co-lessee of the vehicle operated during the violation.
(b) The owner, co-owner, lessee, or co-lessee knowingly permitted the vehicle to be operated in violation of [MCL 257.625(2) or MCL 257.904(2)] regardless of whether a conviction resulted.” MCL 257.904d(4).
When vehicle immobilization applies, “[t]he defendant shall provide to the court the vehicle identification number and registration plate number of the vehicle involved in the violation.” MCL 257.904d(3).
Exceptions. Certain violations and certain vehicles are exempt from vehicle immobilization. See MCL 257.904d(7), which states that “[MCL 257.904d] does not apply to any of the following:
(a) A suspension, revocation, or denial based on a violation of the support and parenting time enforcement act, . . . [MCL 552.601 to MCL 552.650].
(b) A vehicle that is registered in another state or that is a rental vehicle.
(c) A vehicle owned by the federal government, [Michigan], or a local unit of government of [Michigan].
(d) A vehicle not subject to registration under [MCL 257.216].
(e) Any of the following:
(i) A violation of [MCL 257.201 et seq].
(ii) A violation of [MCL 257.501 et seq].
(iii) A violation for failure to change address.
(iv) A parking violation.
(v) A bad check violation.
(vi) An equipment violation.
(vii) A pedestrian, passenger, or bicycle violation, other than a violation of [MCL 436.1703(1) or MCL 436.1703(2)], or a local ordinance substantially corresponding to [MCL 436.1703(1) or MCL 436.1703(2)], or [MCL 257.624a or MCL 257.624b] or a local ordinance substantially corresponding to [MCL 257.624a or MCL 257.624b].
(viii) A violation of a local ordinance substantially corresponding to a violation described in [MCL 257.904d(7)(i)-(vii).” MCL 257.904d(7).
The length of time a vehicle may be immobilized depends on the offense. See MCL 257.904d(1)-(2).
“If a defendant is ordered imprisoned for the violation for which immobilization is ordered, the period of immobilization shall begin at the end of the period of imprisonment.” MCL 257.904d(6).
The execution of an immobilization order is governed by MCL 257.904e, which provides:
“(1) A court shall order a vehicle immobilized under [MCL 257.904d] by the use of any available technology approved by the court that locks the ignition, wheels, or steering of the vehicle or otherwise prevents any person from operating the vehicle or that prevents the defendant from operating the vehicle. If a vehicle is immobilized under this section, the court may order the vehicle stored at a location and in a manner considered appropriate by the court. The court may order the person convicted of violating [MCL 257.625] or a suspension, revocation, or denial under [MCL 257.904] to pay the cost of immobilizing and storing the vehicle.
(2) A vehicle subject to immobilization under this section may be sold during the period of immobilization, but shall not be sold to a person who is exempt from paying a use tax under [MCL 205.93(3)], without a court order.
(3) A defendant who is prohibited from operating a motor vehicle by vehicle immobilization shall not purchase, lease, or otherwise obtain a motor vehicle during the immobilization period.
(4) A person shall not remove, tamper with, or bypass or attempt to remove, tamper with, or bypass a device that he or she knows or has reason to know has been installed on a vehicle by court order for vehicle immobilization or operate or attempt to operate a vehicle that he or she knows or has reason to know has been ordered immobilized.
(5) A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both.
(6) To the extent that a local ordinance regarding the storage or removal of vehicles conflicts with an order of immobilization issued by the court, the local ordinance is preempted.
(7) If a peace officer stops a vehicle that is being operated in violation of an immobilization order, the vehicle shall be impounded pending an order of a court of competent jurisdiction.
(8) The court shall require the defendant or a person who provides immobilization services to the court under this section to certify that a vehicle ordered immobilized by the court is immobilized as required.”
“Except as otherwise provided in [MCL 257.904d(11) and MCL 257.904d(13)], an order required to be issued under [MCL 257.904d] shall not be suspended.” MCL 257.904d(5).
“Beginning October 31, 2010, if the person obtains a restricted operator’s . . . license from the secretary of state and an ignition interlock device is properly installed in the vehicle, the court shall suspend the immobilization order issued under [MCL 257.904d(1)(c)] for a conviction under [MCL 257.625l(2)].” MCL 257.904d(11).
“Vehicle immobilization under [MCL 257.904d] is subject to [MCL 257.304] if the defendant obtains a restricted license under [MCL 257.304].” MCL 257.904d(13).
“Beginning October 31, 2010, the court may reinstate vehicle immobilization issued under [MCL 257.904d(1)(c)] for a conviction under [MCL 257.625l(2)] if an ignition interlock device is tampered with, circumvented, or disabled, or if the person’s restricted operator’s . . . license is suspended or revoked.” MCL 257.904d(12).
Vehicle forfeiture may be required following a conviction of certain enumerated offenses. MCL 257.625n(1). Forfeiture of the vehicle used in the offense will occur if the defendant owns the vehicle in whole or in part; if the defendant leases the vehicle, it will be returned to the lessor. Id. “The vehicle may be seized under a seizure order issued by the court having jurisdiction upon a showing of probable cause that the vehicle is subject to forfeiture or return to the lessor.” MCL 257.625n(2). “The forfeiture of a vehicle is subject to the interest of the holder of a security interest who did not have prior knowledge of or consent to the violation.” MCL 257.625n(3).
Vehicle impoundment is a required sanction when a person is convicted of an offense punishable under MCL 257.904(1)(b) or MCL 257.904(1)(c)[5] or a substantially corresponding local ordinance, and it is a permissible sanction for convictions under MCL 257.904(1)(a) or a substantially corresponding local ordinance. MCL 257.904b(1)-(2). For details regarding impoundment procedure, see MCL 257.904b.
Impoundment is also a sanction for certain ignition interlock violations. See MCL 257.625l.
Registration denial is required for multiple violations of MCL 257.625, MCL 257.625m, and MCL 257.904. MCL 257.219(1)(d) provides:
“The secretary of state shall refuse issuance of a registration or a transfer of registration [if] . . . (d) [a]t the time of the application, the operator’s or chauffeur’s license of the owner or co-owner or lessee or co-lessee is suspended, revoked, or denied, except for an applicant who has been issued a license under [MCL 257.304], or the operator has never been licensed by this state for a third or subsequent violation of [MCL 257.625] or [MCL 257.625m], a local ordinance substantially corresponding to [MCL 257.625 or MCL 257.625m], or a law of another state substantially corresponding to [MCL 257.625 or MCL 257.625m], or for a fourth or subsequent suspension or revocation under [MCL 257.904].”