A.Circumstances Under Which Immobilization is Permitted
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[.]” Traffic offenses are discussed throughout the other chapters of this benchbook and will indicate if vehicle immobilization is available or required as a sanction.
“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).
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). For the specific vehicle immobilization periods under MCL 257.904d, see the section on sanctions for each offense(s) in Chapter 5 and Chapter 6 (misdemeanors) and Chapter 7 and Chapter 8 (felonies).
“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).
F.Immobilization Reinstatement
“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).