Michigan Mandatory

Licensing Sanctions

MICHIGAN MANDATORY LICENSING SANCTIONS CAN RANGE FROM RESTRICTIONS TO REVOCATION.

Anyone facing an alcohol or drug related traffic offense faces the possibility of Michigan mandatory licensing sanctions upon conviction. There is a great deal of confusion among the public regarding the difference between a suspension and a revocation as well as the sentencing judge’s authority to affect the nature of the sanction.

THE FIRST THING TO KEEP IN MIND IS THAT MICHIGAN MANDATORY LICENSING SANCTIONS RANGE FROM RESTRICTIONS TO REVOCATIONS

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LICENSE REVOCATION

Michigan law, specifically MCL 257.52, defines a revocation as the “termination” of the operator’s license and privilege to operate a motor vehicle.

Clearly, a revocation is the most serious licensing sanction that can be imposed by the Michigan Secretary of State. Following the imposition of a revocation, the driver must reapply to SOS for license restoration.

For example, upon conviction of a second MCL 257.625a offense within seven years of a prior conviction, the SOS will impose a revocation for one year. In practical terms, that means that the driver will not be eligible for reinstatement for at least one year following the conviction date.

Moreover, the driver would not be eligible to reapply for license restoration until after the expiration of five years for a subsequent revocation where there was a prior revocation within the preceding seven years.

But most significantly, there is absolutely no guarantee that any driver will be reinstated after the expiration of the minimum revocation period. Consequently, unless the driver can prove to an AHS Hearing Officer that he or she can be considered a safe driver based upon criteria set forth in Rule 13, any revocation may constitute a lifetime ban.

LICENSE SUSPENSION

The less serious of the Michigan mandatory licensing sanctions is a suspension that is for a definite period with an attendant “from” and “through” date.

Once the driver who has been suspended reaches the “through” date, the driver’s license is reinstated upon payment of the relicensure fee, assuming the driver did not incur any addition violations during the period of suspension. See MCL 257.320e and MCL 257.904(2) for the specific statutory language.

LICENSE RESTRICTIONS

Another licensing consideration involves a restricted license that permits limited driving privileges.

For example, upon conviction of an OWVI (operating while visibly impaired) the SOS will automatically issue the driver a restricted license upon receiving the abstract of conviction from the sentencing court.

Importantly, the SOS has no discretion in the matter; it must simply issue and impose the licensing sanctions prescribed by law. Upon receipt of a restricted license, the law requires that the driver carry proof of their itinerary both in terms of destinations and hours of operating the vehicle.

The statutory restrictions include the following:

a. In the course of the driver’s employment or occupation.

b. To and from any combination of the following:

• the driver’s residence
• the driver’s work location
• an alcohol or drug treatment or education program ordered by the sentencing court
• the court ordered probation department
• any court ordered community service program
• an educational institution at which the driver is enrolled as a student
• a place of regularly occurring medical treatment for a serious condition for the driver or a member of the driver’s household or immediate family

Again, in the case of a restricted license, once the “through” date of the restriction period is reached, the driver will be reinstated to full driving privileges upon payment of the reinstatement fee assuming there are no open and unresolved licensing actions. If the driver simply fails to go to an SOS branch and pay the reinstatement fee following the “through” date, the SOS will treat the driver as being on an “invalid” license status.

OTHER MICHIGAN MANDATORY LICENSING SANCTIONS CONSIDERATIONS

One other consideration within the scope of licensing sanctions involves restrictions or suspensions that are deemed to be “indefinite”; that is, will not terminate until some action approving reinstatement is taken by a third party like SOS or a court.

One major misconception is that the district and circuit courts have the authority to impose and modify licensing sanctions.

That used to be the case, but not anymore. Courts are only required to impose licensing sanctions in certain drug crimes, no proof of insurance, non-support, watercraft, snowmobiles, and ORVs.

All other licensing sanctions are imposed by SOS upon receipt of the abstract of conviction from the sentencing court. Regulations require that the courts submit the abstract of conviction to SOS within 14 days from the sentencing date.

CONTACT AN EXPERIENCED ATTORNEY REGARDING YOUR LICENSING SANCTIONS, SUSPENSIONS, AND REVOCATIONS TODAY!

If you or someone you know has specific concerns about licensing issues in Michigan, contact Duke Law Group PLLC for knowledgeable answers you can count on.

Click Here to Contact Edward Earl Duke

Contact Us

180 High Oak, Suite 205

Bloomfield Hills, MI 48304

(248) 409-0484 

Summary
Michigan Mandatory Licensing Sanctions
Article Name
Michigan Mandatory Licensing Sanctions
Description
Michigan Mandatory Licensing Sanctions include restrictions, suspensions and revocation. Experienced Drunk Driving Lawyer Edward Duke explains the different sanctions.
Author
Duke Law Group