In many cities across the state of Michigan, people do not have access to Public Transportation, and the penalty for losing your license to drive can have a chilling effect on a person and their family.
The penalties and sanctions for a conviction for prohibited behavior in the Public Health Code, or the crimes usually charged against patients and caregivers, result in licensing sanctions.
Because the Transport Law, 750.474 is not a public health code violation and the statute itself does not sanction the defendant’s driver’s license privileges. Therefore in some instances, and despite the unconstitutionality of the Transport Law, until it is officially overturned by the Michigan Court of Appeals or the Michigan Supreme Court, it can provide an alternative resolution for patients and caregivers, in some situations.
Additionally, it is possible that if and when the higher courts do in fact decide that Section 750.747 “The Transport Law” is in fact unconstitutional, a good argument can be made that any convictions for said crime on a person’s record would likewise be constitutionally invalid. By no means should this speculation be the basis of any decision for any persons charged with a crime.
However after considering the totality of all the factors and after consulting with counsel, in some instances, a resolution of your case with a reduced plea from a felony or misdemeanor charged in the Public Health Code ( subjecting the Defendant to Licensing Sanctions) to the misdemeanor Transport Law Violation should be considered.
Unlike Convictions for Use of, Possession of, Possession with the Intent to deliver, Delivery or the Manufacture of Marihuana, and maintaining a Drug House, a conviction for a Transport Violation does include Licensing Sanctions. The Public health Code MCL 333.7401, MCL 333.7401(a), MCL 333.7403, MCL 333.7404, MCL 333.7405.
That means that even if the charges arise out of an incident involving the accused walking or from a raid at a house that have nothing to do with the driving of or operation of a motor vehicle, a conviction of any kind results in licensing sanctions.
The license is suspended for 180 days, and a limited restricted driver’s license is available to the driver after 30 days plus a fee.
Relief must be brought before the court of jurisdictions by way of motion.
Public Health Code Violations result in a 1 year suspension with eligibility available for the driver after 60 days plus a fee, also this relief must be brought before the court of jurisdictions by way of motion.
As reflected in 333.7408a 333.7408a(1)(a)(b) of the public health code, as well as the the Secretary of State “Mandatory Driver License Suspensions and Revocations” administrative rules, any and all Drug Convictions, specifically those found within the public health code– Section 333.7408a(1)(a)(b), will result in a an automatic suspension of your driver’s license.
The suspension is Court Ordered, however it will be the Secretary of State notice of Suspension that will be your official notification of losing your privilege to drive. The Secretary of State mails notices to your last known address, which would be the address on your driver’s license, or registered address associated with your driver’s license.
From the Michigan Secretary of State web site…
The privilege to drive is often taken for granted, but you may lose this privilege for a variety of reasons. The law requires the Secretary of State to automatically suspend or revoke your driver license for certain violations. The action taken against your driver license will depend on a number of factors, including the type of violation or unsafe driving behavior involved, your driving record, and your willingness to comply with assessment recommendations and requirements.
Licensing actions range from restrictions to revocations. The most serious action is a revocation, defined in MCL 257.52 as the termination of the operator’s license and privilege to operate a motor vehicle. The driver is only eligible to reapply to the Department for license restoration after the expiration of one year following a first revocation, and after the expiration of five years for a subsequent revocation within seven years of a prior revocation. There is no guarantee that the license will be returned after the minimum period of revocation. The pivotal issue is whether the person can be considered a safe driver based upon documentary evidence and testimony.
A suspension is for a definite period and carries a “from” and “through” date. When the “through” date is reached, the driver merely needs to appear at a branch office and pay the reinstatement fee for relicensure. (That is, if no additional violations occur during the period of suspension.) If the reinstatement fee is not paid, the driver is on an “invalid” license status.
However, restrictions or suspensions may also be “indefinite” in nature, and will not terminate until approved for relicensure by the Department or a court. For example, if an indefinite suspension is imposed by a Department analyst for a medical reason, the driver must submit a favorable medical statement for evaluation before relicensure is authorized.
Section 333.7408a Licensing sanctions.
PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
333.7408a Licensing sanctions.
(1) As part of the sentence or juvenile disposition for an attempt to violate, a conspiracy to violate, or a violation of this part or of a local ordinance that prohibits conduct prohibited under this part, the court shall consider all prior convictions currently entered upon the criminal history record and Michigan driving record of the person, except those convictions which, upon motion of the defendant, are determined by the court to be constitutionally invalid, and, subject to subsection (11), shall impose the following licensing sanctions in addition to any other penalty or sanction imposed for the violation:
(a) If the court finds that the person does not have a prior conviction within 7 years of the violation, the court shall order the secretary of state to suspend the operator’s or chauffeur’s license of the person for 6 months. If the court finds compelling circumstances under subsection (8) sufficient to warrant the issuance of a restricted license, the court may order the secretary of state to issue to the person a restricted license during all or a specified portion of the period of suspension, except that a restricted license shall not be issued during the first 30 days of the period of suspension.
(b) If the court finds that the person has 1 or more prior convictions within 7 years of the violation, the court shall order the secretary of state to suspend the operator’s or chauffeur’s license of the person for 1 year. If the court finds compelling circumstances under subsection (8) sufficient to warrant the issuance of a restricted license, the court may order the secretary of state to issue to the person a restricted license during all or any portion of the period of suspension, except that a restricted license shall not be issued during the first 60 days of the period of suspension.
(2) The person whose operator’s or chauffeur’s license is ordered suspended under this section shall immediately surrender his or her operator’s or chauffeur’s license to the court. The court shall immediately destroy the license and forward an abstract of conviction with court-ordered license sanctions to the secretary of state. Upon receipt of, and pursuant to, the abstract of conviction with court-ordered license sanctions, the secretary of state shall suspend the person’s license and, if ordered by the court and if the person is otherwise eligible for a license, issue to the person a restricted license stating the limited driving privileges indicated on the abstract. If the judgment is appealed to circuit court, the court may, ex parte, order the secretary of state to stay the suspension or license restriction issued under this section pending the outcome of the appeal.
(3) Except as otherwise provided in subsection (5), before imposing sentence or entering a juvenile disposition, other than court-ordered license sanctions under this section, for an attempt to violate, a conspiracy to violate, or a violation of this part or of a local ordinance that prohibits conduct prohibited under this part, the court may order the person to undergo screening and assessment by a person or agency as designated by a department-designated community mental health entity or a community mental health services program under the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. The person shall pay for the costs of the screening and assessment services.
(4) Except as otherwise provided in subsection (5), as part of the sentence or juvenile disposition for an attempt to violate, a conspiracy to violate, or a violation of this part or of a local ordinance that prohibits conduct prohibited under this part, the court may order the person to do 1 or both of the following:
(a) Perform service to the community for not more than 90 days. A person ordered to perform service to the community under this subdivision shall not receive compensation, and shall reimburse the state or appropriate local unit of government for the cost of supervision incurred by the state or local unit of government as a result of the person’s activities in that service.
(b) Participate in and successfully complete 1 or more appropriate rehabilitative programs. The person shall pay for the costs of the rehabilitative services.
(5) Subsections (3) and (4) do not apply to a person who is not eligible for probation under chapter XI of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.14a.
(6) A restricted license issued in compliance with an order under this section shall permit the person to whom it is issued to drive under the following circumstances:
(a) In the course of the person’s employment or occupation.
(b) To and from any combination of the following:
(i) The person’s residence.
(ii) The person’s work location.
(iii) An alcohol or drug education or treatment program as ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is enrolled as a student.
(vii) A place of regularly occurring medical treatment for a serious condition for the person or a member of the person’s household or immediate family.
(7) The court shall not order the secretary of state under this section to issue a restricted license that would permit a person to operate a commercial motor vehicle that hauls hazardous material.
(8) The court shall not order the secretary of state under this section to issue a restricted license unless the person states under oath, and the court finds by testimony taken in open court or by statements contained in a sworn affidavit on a form prescribed by the state court administrator, that both of the following apply:
(a) The person needs vehicular transportation to and from his or her work location, place of alcohol or drug education treatment, court probation department, court-ordered community service program, or educational institution, or in the course of the person’s employment or occupation.
(b) The person is unable to take public transportation and does not have any family members or other individual able to provide transportation to a destination or for a purpose described in subdivision (a).
(9) Regardless of a court order issued under this section, the secretary of state shall not issue a restricted license to a person whose license is suspended under this section unless a restricted license is authorized under this section and the person is otherwise eligible for a license.
(10) While driving, the person shall carry proof of his or her destination and the hours of any employment, class, or other reason for traveling and shall display that proof upon a peace officer’s request.
(11) A court shall not order the suspension of a person’s license if the person is sentenced to life imprisonment or to a minimum term of imprisonment that exceeds 1 year for an attempt to violate, a conspiracy to violate, or a violation of this part.
(12) The court shall do both of the following:
(a) Transmit a record of each order issued under this section to the secretary of state.
(b) Forward to the department of state police, on a form or forms prescribed by the state court administrator, a record that specifies the penalties imposed by the court for an offense described in subsection (1), including a licensing sanction ordered under this section and a term of imprisonment imposed for the offense.
(13) Except as otherwise provided by law, a record described in subsection (12) is a public record, and the department of state police shall retain the information contained in that record for not less than 7 years.
(14) As used in this section:
(a) “Commercial motor vehicle” means that term as defined in section 7a of the Michigan vehicle code, 1949 PA 300, MCL 257.7a.
(b) “Conviction” means a final conviction, a plea of guilty or nolo contendere if accepted by the court, a finding of guilt, a probate court disposition, or a juvenile adjudication, for a criminal law violation, regardless of whether the penalty is rebated or suspended.
(c) “Hazardous material” means that term as defined in section 19b of the Michigan vehicle code, 1949 PA 300, MCL 257.19b.
(d) “Juvenile disposition” means either of the following:
(i) A finding of juvenile delinquency under 18 USC 5031 to 5042.
(ii) The entry of a judgment or order of disposition by a court of another state that states or is based upon a finding that a juvenile violated a law of another state that would have been a criminal offense if committed by an adult in that state.
(e) “Law of another state” means a law or ordinance enacted by another state or by a local unit of government in another state.
(f) “Prior conviction” means either of the following:
(i) A conviction for an attempt to violate, a conspiracy to violate, or a violation of this part or former section 17766a, a local ordinance that prohibits conduct prohibited under this part or former section 17766a, or a law of another state that prohibits conduct prohibited under this part or former section 17766a.
(ii) A conviction for an attempt to violate, a conspiracy to violate, or a violation of the controlled substances act, 21 USC 801 to 971.
(g) “Probate court disposition” means the entry of a probate court order of disposition for a child found to be within the provisions of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1 to 712A.32.
(h) “Work location” means, as applicable, either the specific place or places of employment, or the territory or territories regularly visited by the person in pursuance of the person’s occupation, or both.
History: Add. 1993, Act 361, Eff. Sept. 1, 1994 ;– Am. 1999, Act 74, Eff. Oct. 1, 1999 ;– Am. 1999, Act 144, Eff. Jan. 21, 2000 ;– Am. 2012, Act 501, Eff. Jan. 1, 2013
Popular Name: Act 368
© 2009 Legislative Council, State of Michigan
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