§ 62-30. Amendments.

The following sections and subsections of the Uniform Traffic Code adopted in this article are hereby amended as set forth, and additional sections and subsections are added as indicated. Section numbers shall refer to the like-numbered sections in the Uniform Traffic Code.

Sec. 2.5a. Abandoned vehicle procedures.

(1)

As used in this section, "abandoned vehicle" means a vehicle which has remained on public property or private property for a period of 48 hours after a police agency or other governmental agency designated by the police agency has affixed a written notice to the vehicle.

(2)

If a vehicle has remained on public or private property for a period of time so that it appears to the police agency to be abandoned, the police agency shall do all of the following:

(a)

Determine if the vehicle has been reported stolen.

(b)

Affix a written notice to the vehicle. The written notice shall contain the following information:

(i)

The date and time the notice was affixed.

(ii)

The name and address of the police agency taking the action.

(iii)

The name and badge number of the police officer affixing the notice.

(iv)

The date and time the vehicle may be taken into custody and stored at the owner's expense or scrapped if the vehicle is not removed.

(v)

The year, make, and vehicle identification number of the vehicle, if available.

(3)

If the vehicle is not removed within 48 hours after the date the notice was affixed, the vehicle is deemed abandoned and the police agency may have the vehicle taken into custody.

(4)

A police agency which has a vehicle taken into custody shall do all of the following:

(a)

Recheck to determine if the vehicle has been reported stolen.

(b)

Within 24 hours after taking the vehicle into custody, enter the vehicle as abandoned into the law enforcement information network.

(c)

Within seven days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:

(i)

The year, make, and vehicle identification number of the vehicle if available.

(ii)

The location from which the vehicle was taken into custody.

(iii)

The date on which the vehicle was taken into custody.

(iv)

The name and address of the police agency which had the vehicle taken into custody.

(v)

The business address of the custodian of the vehicle.

(vi)

The procedure to redeem the vehicle.

(vii)

The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.

(viii)

A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.

(ix)

A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale.

(5)

The registered owner may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond in an amount equal to the accrued towing and storage fees with the court. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.

(6)

If the owner does not request a hearing, he may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.

(7)

If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle and the police agency for its accrued costs.

(8)

Not less than 20 days after the disposition of the hearing described in subsection (5) of this section or, if a hearing is not requested, not less than 20 days after the date of the notice, the police agency shall offer the vehicle for a sale at a public sale pursuant to section 2.5g.

(9)

If the ownership of a vehicle which has been deemed abandoned under this section cannot be determined either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to section 2.5g, not less than 30 days after public notice of the sale has been published.

State Law reference— Similar provisions, MCL 257.252a.

Sec. 2.5b. Abandoned scrap vehicle procedures.

(1)

As used in this section:

(a)

Registered abandoned scrap vehicle means a vehicle which meets all of the following requirements:

(i)

Is on public or private property.

(ii)

Is seven or more years old.

(iii)

Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by section 5.71 would exceed the fair market value of that vehicle.

(iv)

Is currently registered in the State of Michigan or displays current year registration plates from another state.

(v)

Is not removed within 48 hours after a written notice, as described in section 2.5a(2)(b), is affixed to the vehicle.

(b)

Unregistered abandoned scrap vehicle means a vehicle which meets all of the following requirements:

(i)

Is on public or private property.

(ii)

Is seven or more years old.

(iii)

Is apparently inoperable or is extensively damaged, to the extent that the cost of repairing the vehicle so that it is operational and safe as required by section 5.71, would exceed the fair market value of that vehicle.

(iv)

Is not currently registered in this state and does not display current year registration plates from another state.

(v)

Is not removed within 48 hours after a written notice, as described in section 2.5a(2)(b), is affixed to the vehicle.

(2)

A police agency may have an unregistered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:

(a)

Determine if the vehicle has been reported stolen.

(b)

Take two photographs of the vehicle.

(c)

Make a report to substantiate the vehicle as an unregistered abandoned scrap vehicle. The report shall contain the following information:

(i)

The year, make, and vehicle identification number if available.

(ii)

The date of abandonment.

(iii)

The location of abandonment.

(iv)

A detailed listing of the damage or the missing equipment.

(v)

The reporting officer's name and title.

(vi)

The location where the vehicle is being held.

(d)

Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.

(3)

Within 24 hours, excluding Saturday, Sunday, and legal holidays, after taking the vehicle into custody, the police agency shall complete a release form and release the vehicle to the towing service or a used vehicle parts dealer or vehicle scrap metal processor, who shall then transmit that release form to the secretary of state and apply for a certificate of title or a certificate of scrapping. Upon receipt of the release form and application, the secretary of state shall issue a certificate of title or a certificate of scrapping.

(4)

The release form described in subsection (3) shall be furnished by the secretary of state and shall include a certification executed by the applicable police agency when the abandoned scrap vehicle is released. The certification shall state that the police agency has complied with all the requirements of subsections (2)(b) and (c).

(5)

The secretary of state shall retain the records relating to an abandoned scrap vehicle for not less than two years. The two photographs taken pursuant to subsection (2)(b) of this section shall be retained by the police agency for not less than two years. After the certificate of scrapping has been issued, a certificate of title for the vehicle shall not be issued again.

(6)

A police agency may have a registered abandoned scrap vehicle taken into custody, in which case the police agency shall do all of the following:

(a)

Determine if the vehicle has been stolen.

(b)

Take two photographs of the vehicle.

(c)

Make a report to substantiate the vehicle as a registered abandoned scrap vehicle. The report shall contain the following information:

(i)

The year, make, and vehicle identification number if available.

(ii)

The date of abandonment.

(iii)

The location of abandonment.

(iv)

A detailed listing of the damage or the missing equipment.

(v)

The reporting officer's name and title.

(vi)

The location where the vehicle is being held.

(d)

Within 24 hours after taking the vehicle into custody, enter the vehicle into the law enforcement information network.

(e)

Within seven days after taking the vehicle into custody, send to the registered owner and secured party, as shown by the records of the secretary of state, by first class mail or personal service, notice that the vehicle has been deemed abandoned. The form for the notice shall be furnished by the secretary of state. Each notice form shall contain the following information:

(i)

The year, make, and vehicle identification number of the vehicle if available.

(ii)

The location from which the vehicle was taken into custody.

(iii)

The date on which the vehicle was taken into custody.

(iv)

The name and address of the police agency which had the vehicle taken into custody.

(v)

The business address of the custodian of the vehicle.

(vi)

The procedure to redeem the vehicle.

(vii)

The procedure to contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees.

(viii)

A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.

(ix)

A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the termination of all rights of the owner and the secured party to the vehicle.

(7)

The registered owner of a registered abandoned scrap vehicle may contest the fact that the vehicle has been deemed abandoned or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount as determined by the court. The owner of the vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly deemed abandoned, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.

(8)

If the owner does not request a hearing, he may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.

(9)

If the owner does not redeem the vehicle or request a hearing within 20 days after the date of the notice, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.

(10)

Not less than 20 days after the disposition of the hearing described in subsection (7), or if a hearing is not requested, not less than 20 days after the date of the notice described in subsection (6)(e), the police agency shall follow the procedures established in subsections (3) to (5).

State Law reference— Similar provisions, MCL 257.252b.

Sec. 2.5c. Vehicle removed from private property.

(1)

When a vehicle is removed from private property at the direction of a person other than the registered owner of the vehicle or a police agency, the custodian of the vehicle immediately shall notify the police agency from whose jurisdiction the vehicle was towed. The custodian shall supply that information which is necessary for the police agency to enter the vehicle into the law enforcement information network.

(2)

Upon receipt of the notification described in subsection (1), the police agency immediately shall do all of the following:

(a)

Determine if the vehicle has been reported stolen.

(b)

Enter the vehicle into the law enforcement information network.

(3)

The owner of the vehicle removed as described in subsection (1) may obtain release of the vehicle by paying the accrued towing and storage fees to the custodian of the vehicle. Upon release of the vehicle, the custodian shall notify the police agency of the disposition of the vehicle.

(4)

If the vehicle described in subsection (1) is not claimed by the owner within seven days after the police agency has been notified by the custodian that it has been taken into custody, the vehicle is deemed abandoned and the procedures prescribed in section 2.5a(4)(c) to (9) shall apply.

State Law reference— Similar provisions, MCL 257.252c.

Sec. 2.5d. Vehicle removed by police.

(1)

A police agency or a governmental agency designated by the police agency may provide for the immediate removal of a vehicle from public or private property to a place of safekeeping at the expense of the registered owner of the vehicle in any of the following circumstances:

(a)

If the vehicle is in such a condition that the continued operation of the vehicle upon the highway would constitute an immediate hazard to the public.

(b)

If the vehicle is parked or standing upon the highway in such a manner as to create an immediate public hazard or an obstruction of traffic.

(c)

If a vehicle is parked in a posted tow-away zone.

(d)

If there is reasonable cause to believe that the vehicle or any part of the vehicle is stolen.

(e)

If the vehicle must be seized to preserve evidence of a crime, or when there is reasonable cause to believe that the vehicle was used in the commission of a crime.

(f)

If removal is necessary in the interest of public safety because of fire, flood, storm, snow, natural or manmade disaster, or other emergency.

(g)

If the vehicle is hampering the use of private property by the owner or person in charge of that property or is parked in a manner which impedes the movement of another vehicle.

(h)

If the vehicle is stopped, standing or parked in a space designated for handicapper parking and is not permitted by law to be stopped, standing, or parked in a space designated for handicapper parking.

(2)

A police agency which authorizes the removal of a vehicle under subsection (1) of this section shall do all of the following:

(a)

Check to determine if the vehicle has been reported stolen.

(b)

Within 24 hours after removing the vehicle, enter the vehicle into the law enforcement information network if the vehicle has not been redeemed. This subdivision does not apply to a vehicle that is removed from the scene of a motor vehicle traffic accident.

(c)

If the vehicle has not been redeemed within ten days after moving the vehicle, send to the registered owner and the secured party as shown by the records of the secretary of state, by first class mail or personal service a notice that the vehicle has been removed; however, if the police agency informs the owner or operator of the vehicle of the removal and the location of the vehicle within 24 hours after the removal, and if the vehicle has not been redeemed within 30 days and upon complaint from the towing service, the police agency shall send the notice within 30 days after the removal. The notice shall be by a form furnished by the secretary of state. The notice form shall contain the following information:

(i)

The year, make, and vehicle identification number of the vehicle.

(ii)

The location from which the vehicle was taken into custody.

(iii)

The date on which the vehicle was taken into custody.

(iv)

The name and address of the police agency which had the vehicle taken into custody.

(v)

The location where the vehicle is being held.

(vi)

The procedure to redeem the vehicle.

(vii)

The procedure to contest the fact that the vehicle was properly removed or the reasonableness of the towing and daily storage fees.

(viii)

A form petition which the owner may file in person or by mail with the specified court which requests a hearing on the police agency's action.

(ix)

A warning that the failure to redeem the vehicle or to request a hearing within 20 days after the date of the notice may result in the sale of the vehicle and the termination of all rights of the owner and the secured party to the vehicle or the proceeds of the sale or to both the vehicle and the proceeds.

(3)

The registered owner may contest the fact that the vehicle was properly removed or the reasonableness of the towing fees and daily storage fees by requesting a hearing. A request for a hearing shall be made by filing a petition with the court specified in the notice within 20 days after the date of the notice. If the owner requests a hearing, the matter shall be resolved after a hearing conducted pursuant to sections 2.5e and 2.5f. An owner who requests a hearing may obtain release of the vehicle by posting a towing and storage bond with the court in an amount equal to the accrued towing and storage fees. The owner of a vehicle who requests a hearing may obtain release of the vehicle by paying the towing and storage fees instead of posting the towing and storage bond. If the court finds that the vehicle was not properly removed, the police agency shall reimburse the owner of the vehicle for the accrued towing and storage fees.

(4)

If the owner does not request a hearing, he may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle.

(5)

If the owner does not redeem the vehicle or request a hearing within 20 days, the secured party may obtain the release of the vehicle by paying the accrued charges to the custodian of the vehicle prior to the date of the sale.

(6)

Not less than 20 days after the disposition of the hearing described in subsection (3), or if a hearing is not requested, not less than 20 days after the date of the notice described in subsection (2)(c), the police agency shall offer the vehicle for sale at a public sale unless the vehicle is redeemed. The public sale shall be held pursuant to section 2.5g.

(7)

If the ownership of the vehicle which has been removed under this section cannot be determined either because of the condition of the vehicle identification numbers or because a check with the records of the secretary of state does not reveal ownership, the police agency may sell the vehicle at public sale pursuant to section 2.5g, not less than 30 days after public notice of the sale has been published.

State Law reference— Similar provisions, MCL 257.252d.

Sec. 2.5e. Abandoned vehicle; jurisdiction of court.

(1)

The following courts shall have jurisdiction to determine if a police agency has acted properly in processing a vehicle under section 2.5a, 2.5b(6) to (10), 2.5c, or 2.5d:

(a)

The district court.

(b)

A municipal court.

(c)

The common pleas court of the City of Detroit.

(2)

The court specified in the notice prescribed in section 2.5a(4)(c), 2.5b(6), 2.5c(4), or 2.5d(2)(c) shall be the court which has territorial jurisdiction at the location from where the vehicle was removed or deemed abandoned. Venue in the district court shall be governed by section 8312 of Act No. 236 of the Public Acts of Michigan of 1961 (MCL 600.8312), as amended.

(3)

If the owner fails to pay the accrued towing and storage fees, the towing and storage bond posted with the court to secure release of the vehicle under section 2.5a, 2.5b, 2.5c, or 2.5d shall be used to pay the towing and storage fees.

State Law reference— Similar provisions, MCL 257.252e.

Sec. 2.5f. Abandoned vehicle; duties of court.

(1)

Upon receipt of a petition prescribed in section 2.5a, 2.5b, 2.5c, or 2.5d, signed by the owner of the vehicle which has been taken into custody, the court shall do both of the following:

(a)

Schedule a hearing within 30 days for the purpose of determining whether the police agency acted properly.

(b)

Notify the owner and the police agency of the time and place of the hearing.

(2)

At the hearing specified in subsection (1) the police agency shall have the burden of showing by a preponderance of the evidence that it has complied with the requirements of this act in processing the abandoned vehicle or vehicle removed pursuant to section 2.5d.

(3)

After the hearing the court shall make a decision which shall include one or more of the following:

(a)

A finding that the police agency complied with the procedures established for the processing of an abandoned vehicle or a vehicle removed under section 2.5d, and an order providing a period of 20 days after the decision for the owner to redeem the vehicle. If the owner does not redeem the vehicle within 20 days, the police agency shall dispose of the vehicle pursuant to section 2.5b or 2.5g.

(b)

A finding that the police agency did not comply with the procedures established for the processing of an abandoned vehicle or a vehicle removed pursuant to section 2.5d. After making such a finding, the court shall issue an order directing that the vehicle immediately be released to the owner, and that the police agency is responsible for the accrued towing and storage charges.

(c)

A finding that the towing and daily storage fees were reasonable.

(d)

A finding that the towing and daily storage fees were unreasonable and issue an order directing an appropriate reduction.

State Law reference— Similar provisions, MCL 257.252f.

Sec. 2.5g. Abandoned vehicle; public sale.

(1)

A public sale for a vehicle which has been deemed abandoned under section 2.5a or 2.5c or removed under section 2.5d shall be conducted in the following manner:

(a)

It shall be under the control of the police agency or agent of the police agency.

(b)

It shall be open to the public and consist of open auction bidding or bidding by sealed bids. If sealed bids are received, the person submitting the bid shall receive a receipt for the bid from the police agency or agent of the police agency.

(c)

Except as provided by sections 2.5a(9) and 2.5d(7), it shall be held not less than five days after public notice of the sale has been published.

(d)

The public notice shall be published at least once in a newspaper having a general circulation within the county in which the vehicle was abandoned. The public notice shall give a description of the vehicle for sale and shall state the time, date, and location of the sale.

(2)

The money received from the public sale of the vehicle shall be applied in the following order of priority:

(a)

Towing and storage charges.

(b)

Expenses incurred by the police agency.

(c)

To the secured party, if any, in the amount of the debt outstanding on the vehicle.

(d)

Remainder to the owner. A reasonable attempt shall be made to mail the remainder to the registered owner. If delivery of the remainder cannot be accomplished, the remainder shall become the property of the unit of government that the police agency represents.

(3)

If there are no bidders on the vehicle, the police agency may do one of the following:

(a)

Turn the vehicle over to the towing firm to satisfy charges against the vehicle.

(b)

Obtain title to the vehicle for the police agency or the unit of government the police agency represents, by doing the following:

(i)

Paying the towing and storage charges.

(ii)

Applying for title to the vehicle.

(c)

Hold another public sale pursuant to subsection (1).

(4)

A person who acquires ownership of a vehicle under subsection (1) or (3), which vehicle has been designated as a distressed vehicle, shall make application for a salvage certificate of title within 15 days after obtaining the vehicle.

(5)

Upon disposition of the vehicle, the police agency shall cancel the entry into the law enforcement information network.

State Law reference— Similar provisions, MCL 257.252g.

Sec. 5.14c. Exhibition driving.

No person shall operate a vehicle upon any highway or a frozen public lake, stream or pond or other place open to the general public, including any areas designated for the parking of vehicles in an exhibition of speed or acceleration, whether or not the authorized speed limit is exceeded and whether or not conditions of competition exist.

State Law reference— Reckless driving, MCL 257.626; drag racing, prohibited, MCL 257.626a.

Sec. 5.15. Driving while under influence of intoxicating liquor or controlled substance or with certain blood alcohol percentage; accident; arrest without warrant.

(1)

Definition of "under the influence." A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the village if either of the following applies:

(a)

The person is under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance.

(b)

The person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(2)

Prohibition against permitting intoxicated person to operate motor vehicle. The owner of a vehicle or a person in charge or in control of a vehicle shall not authorize or knowingly permit the vehicle to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within the village by a person who is under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance or who has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(3)

Operation while visibly impaired; finding of guilty. A person, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within the village, when, due to the consumption of an intoxicating liquor, a controlled substance or a combination of an intoxicating liquor and a controlled substance, the person's ability to operate the vehicle is visibly impaired. If a person is charged with violating subsection (1), a finding of guilty under this subsection may be rendered.

(4)

Minors. A person who is less than 21 years of age, whether licensed or not, shall not operate a vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the village if the person has any bodily alcohol content. As used in this subsection, the expression "any bodily alcohol content" means either of the following:

(a)

An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(b)

Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.

(5)

Subsection (1) violations; misdemeanor, penalty; community service supervision; costs. If a person is convicted of violating subsection (1), all of the following apply:

(a)

Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by one or more of the following:

(i)

Community service for not more than 45 days.

(ii)

Imprisonment for not more than 93 days.

(iii)

A fine of not less than $100.00 or more than $500.00.

(b)

If the violation occurs within seven years of a prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and either of the following:

(i)

Community service for not less than ten days or more than 90 days and may be imprisoned for not more than 93 days.

(ii)

Imprisonment for not less than 48 consecutive hours or more than 93 days and may be sentenced to community service for not more than 90 days.

(c)

A term of imprisonment imposed under subdivision (b)(ii) shall not be suspended.

(d)

As used in this subsection, "prior conviction" means a conviction for a violation or attempted violation of subsection (1), (4), or (5), of the act (MCL 257.625(1), (4) or (5)) or former section 625(1) or (2), of the act (MCL 257.625(1) or (2)), a local ordinance substantially corresponding to subsection (1), (4) or (5), or former section 625(1) or (2) or a law of another state substantially corresponding to subsection (1), (4), or (5) or former section 625(1) or (2).

(6)

Subsection (2) violation; misdemeanor; penalty. A person who is convicted of violating subsection (2) is guilty of a misdemeanor, punishable by imprisonment for not more than 93 days or a fine of not less than $100.00 or more than $500.00 or both.

(7)

Subsection (3) violations; misdemeanor; penalty. If a person is convicted of violating subsection (3), all of the following apply:

(a)

Except as otherwise provided in subdivisions (b) and (c), the person is guilty of a misdemeanor punishable by one or more of the following:

(i)

Community service for not more than 45 days.

(ii)

Imprisonment for not more than 93 days.

(iii)

A fine of not more than $300.00.

(b)

If the violation occurs within seven years of one prior conviction, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and either of the following:

(i)

Community service for not less than ten days or more than 90 days and may be sentenced to imprisonment for not more than 93 days.

(ii)

Imprisonment for not more than 93 days and may be sentenced to community service for not more than 90 days.

(c)

If the violation occurs within ten years of two or more prior convictions, the person shall be sentenced to pay a fine of not less than $200.00 or more than $1,000.00 and either of the following:

(i)

Community service for not less than ten days or more than 90 days and may be sentenced to imprisonment for not more than 93 days.

(ii)

Imprisonment for not more than 93 days and may be sentenced to community service for not more than 90 days.

(d)

As used in this subsection, "prior conviction" means a conviction for a violation or attempted violation of subsection (1), (3), (4), or (5), of the act (MCL 257.625(1), (3), (4), or (5)), or former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), or former section 625b of the act (MCL 257.625b), or a local ordinance substantially corresponding to subsection (1) or (3) (MCL 257.625(1), or (3)) or former section 625(1) or (2) or former section 625b or a law of another state substantially corresponding to subsection (1), (3), (4), or (5), or former section 625(1) or (2) or former section 625b.

(8)

Subsection (4) violations; misdemeanor; penalty. If a person is convicted of violating subsection 5.15(4), the following shall apply:

(a)

Except as otherwise provided in subdivision (b), the person is guilty of a misdemeanor punishable by one or both of the following:

(i)

Community service for not more than 45 days.

(ii)

A fine of not more than $250.00.

(b)

If the violation occurs within seven years of one or more prior convictions, the person may be sentenced to one or both of the following:

(i)

Community service for not more than 60 days.

(ii)

A fine of not more than $500.00.

(c)

As used in this subsection, "prior conviction" means a conviction for a violation or attempted violation of subsection (1), (3), (4), (5), or (6) of the act (MCL 257.625(1), (3), (4), (5) or (6)), or former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to subsection (1), (3), or (6) (MCL 257.625(1), (3) or (6)), former section 625(1) or (2), or former section 625b, or a law of another state substantially corresponding to subsection (1), (3), (4), (5), or (6), former section 625(1) or (2), or former section 625b.

(9)

Payment of costs. In addition to imposing the sanctions prescribed under subsection (5), (7), or (8), the court may order the person to pay the costs of the prosecution pursuant to the code of criminal procedure, Act No. 175 of the Public Acts of Michigan of 1927 (MCL 760.1 et seq.).

(10)

License sanctions. The court shall impose license sanctions pursuant to section 625b.

(11)

Community service. A person sentenced to perform community service under this section shall not receive compensation and shall reimburse the village for the cost of supervision incurred by the village as a result of the person's activities in that service.

(12)

Statement listing prior convictions; requirement for enhanced sentence. If the prosecuting attorney intends to seek an enhanced sentence under subsection 5(b) or subsection 7(b) or (c) or subsection 8(b) based upon the defendant having one or more prior convictions, the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in district court, circuit court or probate court a statement listing the defendant's prior convictions.

(13)

Plea bargaining. If a person is charged with a violation of subsection (1) or (3), the court shall not permit the defendant to enter a plea of guilty or nolo contendere to a charge of violating subsection (4) in exchange for dismissal of the original charge. This subsection does not prohibit the court from dismissing the charge upon the motion of the prosecuting attorney.

(14)

Establishment of prior conviction. A prior conviction shall be established at sentencing by one or more of the following:

(a)

An abstract of conviction.

(b)

A copy of the defendant's driving record.

(c)

An admission by the defendant.

(15)

Attempt conviction; punishment. A person who is convicted of an attempted violation of subsections (1), (3) or (4) shall be punished as if the offense had been completed.

(16)

Attempt conviction; assessing points for licensing action. When assessing points and taking licensing action under the act, the secretary of state and the court shall treat a conviction of an attempted violation of subsection (1), (3) or (4) or a law of another state substantially corresponding to subsection (1), (3) or (4) the same as if the offense had been completed.

(17)

Burden of proof. In a prosecution for a violation of subsection (4), the defendant shall bear the burden of proving that the consumption of intoxicating liquor was a part of a generally recognized religious service or ceremony by a preponderance of the evidence.

State Law reference— Similar provisions, MCL 257.625.

Sec. 5.15a. Arrest; preliminary chemical breath analysis; chemical test.

(1)

Arrest without warrant of intoxicated driver involved in accident. A peace officer may arrest a person without a warrant when the peace officer has reasonable cause to believe the person was, at the time of an accident in the village, the operator of a vehicle involved in the accident and was operating the vehicle in violation of section 5.15(1), (3) or (4).

(2)

Requiring submission to preliminary chemical breath analysis; consequences. A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within the village, and that the person by the consumption of intoxicating liquor may have affected his ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the village while the person's blood, breath or urine contained any measurable amount of alcohol or while the person had any detectable presence of intoxicating liquor, or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this village, while the person had any bodily alcohol content as that term is defined in section 5.15(4), may require the person to submit to a preliminary chemical breath analysis. The following provisions shall apply with respect to a preliminary chemical breath analysis administered pursuant to this subsection:

(a)

A peace officer may arrest a person based in whole or in part upon the results of a preliminary chemical breath analysis.

(b)

The results of a preliminary chemical breath analysis are admissible in a criminal prosecution for a crime enumerated in section 5.15c(1) or in an administrative hearing for one or more of the following purposes:

(i)

To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does not limit the introduction of other competent evidence offered to establish the validity of an arrest.

(ii)

As evidence of the defendant's breath alcohol content, if offered by the defendant.

(iii)

As evidence of the defendant's breath alcohol content, if offered by the prosecution to rebut testimony or other evidence, including but not limited to testimony elicited on cross examination of a prosecution witness, that is offered or elicited to prove that the defendant's breath alcohol content was lower at the time of the charged offense than when a chemical test was administered pursuant to subsection (6).

(c)

A person who submits to a preliminary chemical breath analysis shall remain subject to the requirements of sections 5.15c, 5.15d, 5.15e and 5.15f for purposes of chemical tests described in those sections.

(d)

Except as provided in subsection (5), a person who refuses to submit to a preliminary chemical breath analysis upon a lawful request by a peace officer is responsible for a civil infraction.

(3)

Use of preliminary chemical breath test. A peace officer shall use the results of a preliminary chemical breath analysis conducted pursuant to this section to determine whether to order a person out-of-service under section 319d of the act (MCL 257.319d). A peace officer shall order out-of-service as required under section 319d of the act (MCL 257.319d) a person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis as provided in this section. This section does not limit use of other competent evidence by the peace officer to determine whether to order a person out-of-service under section 319d of the act (MCL 257.319d).

(4)

Warning of consequences of refusal of test. A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary chemical breath analysis under this section shall be advised that refusing a peace officer's request to take a test described in this section is a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both, and will result in the issuance of a 24-hour out-of-service order.

(5)

Refusal to take test. A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary chemical breath analysis upon a peace officer's lawful request is guilty of a misdemeanor, punishable by imprisonment for not more than 90 days, or a fine of not more than $100.00, or both.

(6)

Tests of presence of alcohol or controlled substance in blood; admissibility into evidence; advisement of rights; collection of urine or breath samples; blood withdrawn for post-accident medical treatment, admissibility of test results; withdrawal of blood from deceased driver, results of test to law enforcement agency. The following provisions apply with respect to chemical tests and analysis of a person's blood, urine or breath, other than preliminary chemical breath analysis:

(a)

The amount of alcohol or presence of a controlled substance or both in a driver's blood or urine or the amount of alcohol in a person's breath at the time alleged as shown by chemical analysis of the person's blood, urine or breath is admissible into evidence in any civil or criminal proceeding.

(b)

A person arrested for a crime described in section 5.15c(1) shall be advised of all of the following:

(i)

If he takes a chemical test of his blood, urine or breath administered at the request of a peace officer, he has the right to demand that a person of his own choosing administer one of the chemical tests.

(ii)

The results of the test are admissible in a judicial proceeding as provided under the act and shall be considered with other competent evidence in determining the defendant's innocence or guilt.

(iii)

He is responsible for obtaining a chemical analysis of a test sample obtained pursuant to his own request.

(iv)

If he refuses the request of a peace officer to take a test described in subparagraph (i), a test shall not be given without a court order, but the peace officer may seek to obtain such a court order.

(v)

Refusing a peace officer's request to take a test described in subparagraph (i) shall result in the suspension of his operator's or chauffeur's license and vehicle group designation or operating privilege and in the addition of six points to his driver record.

(c)

A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician or an individual operating under the delegation of a licensed physician under section 16215 of the Public Health Code, Act No. 368 of the Public Acts of Michigan of 1978 (MCL 333.16215), as amended, qualified to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer's request to determine the amount of alcohol or presence of a controlled substance or both in the person's blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures shall not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this subsection, unless the withdrawal or analysis is performed in a negligent manner.

(d)

A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in section 5.15c(1). A person who takes a chemical test administered at a peace officer's request, as provided in this section, shall be given a reasonable opportunity to have a person of his own choosing administer one of the chemical tests described in this subsection within a reasonable time after his detention. The test results are admissible and shall be considered with other competent evidence in determining the defendant's innocence or guilt. If the person charged is administered a chemical test by a person of his own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample.

(e)

If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver's blood is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance, or both, in the person's blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to the prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure.

(f)

If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent's blood shall be withdrawn in a manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance or both in the decedent's blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident, and that agency shall forward the results to the department of state police.

(g)

The department of state police shall promulgate uniform rules under the administrative procedures act, Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq.), as amended, for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary chemical breath analysis may be used for a chemical test described in this subsection if approved pursuant to rules promulgated by the department of state police.

(7)

Introduction of other competent evidence on issue of intoxication not precluded. The provisions of subsection (6) relating to chemical testing do not limit the introduction of any other competent evidence bearing upon the question of whether or not a person was impaired by or under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance or whether the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 milliliters of breath, or per 67 milliliters of urine, or if the person is less than 21 years of age whether the person had any bodily alcohol content within his body. As used in this section, the expression "any bodily alcohol content" means either of the following:

(a)

An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 milliliters of breath, or per 67 milliliters of urine.

(b)

Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.

(8)

Offender entitled to copy of test results upon written request; failure of prosecution to furnish as bar to admissibility into evidence. If a chemical test described in subsection (6) is administered, the test results shall be made available to the person charged or the person's attorney, upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least two days before the day of the trial. The prosecution shall offer the test results as evidence in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution.

(9)

Presumptions. Except in a prosecution relating solely to a violation of section 5.15(1)(b) or (4) the amount of alcohol in the driver's blood, breath or urine at the time alleged as shown by chemical analysis of the person's blood, breath or urine gives rise to the following presumptions:

(a)

If there were at the time 0.07 grams or less of alcohol per 100 milliliters of the defendant's blood, per 210 milliliters of the defendant's breath or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a motor vehicle was not impaired due to the consumption of intoxicating liquor and that the defendant was not under the influence of intoxicating liquor.

(b)

If there were at the time more than 0.07 grams but less than 0.10 grams of alcohol per 100 milliliters of the defendant's blood, per 210 milliliters of the defendant's breath or per 67 milliliters of the defendant's urine, it is presumed that the defendant's ability to operate a vehicle was impaired within the provisions of section 5.15(3) due to the consumption of intoxicating liquor.

(c)

If there were at the time 0.10 grams or more of alcohol per 100 milliliters of the defendant's blood, per 210 milliliters of the defendant's breath or per 67 milliliters of the defendant's urine, it is presumed that the defendant was under the influence of intoxicating liquor.

(10)

Jury instruction as to effect of refusal to take test. A person's refusal to submit to a chemical test as provided in subsection (6) is admissible in a criminal prosecution for a crime described in section 5.15c(1) only to show that a test was offered to the defendant, but not as evidence in determining the defendant's innocence or guilt. The jury shall be instructed accordingly.

State Law reference— Similar provisions, MCL 257.625a.

Sec. 5.15b. Arraignment; pretrial conference advising accused; licensing sanction.

(1)

Arraignment. A person arrested for a misdemeanor violation of section 5.15(1), (3) or (4) or 5.15m shall be arraigned on the citation, complaint or warrant not more than 14 days after the arrest for the violation or, if an arrest warrant is issued or reissued, not more than 14 days after the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit. The time limit does not apply to a violation of section 5.15(1), (3) or (4) or section 5.15m joined with a felony charge.

(2)

Scheduling of pretrial conference; mandatory attendance by defendant; acceptance of plea; not more than one adjournment; final adjudication time limit. The court shall schedule a pretrial conference between the prosecuting attorney, the defendant and the defendant's attorney in each case in which the defendant is charged with a misdemeanor violation of section 5.15(1), (3) or (4) or 5.15m. The pretrial conference shall be held not more than 35 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 35 days after the issued or reissued arrest warrant is served, whichever is later. If the court has only one judge who sits in more than one location in that district, the pretrial conference shall be held not more than 42 days after the person's arrest for the violation or, if an arrest warrant is issued or reissued, not more than 42 days after the date the issued or reissued arrest warrant is served whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with the applicable time limit. The 35- and 42-day time limits do not apply to a violation of section 5.15(1), (3) or (4) or 5.15m joined with a felony charge. The court shall order the defendant to attend the pretrial conference and may accept a plea by the defendant at the conclusion of the pretrial conference. The court may adjourn the pretrial conference upon the motion of a party for good cause shown. Not more than one adjournment shall be granted to a party, and the length of an adjournment shall not exceed 14 days.

(3)

Time limit for adjudication. Except for delay attributable to the unavailability of the defendant, a witness or material evidence or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, the court shall finally adjudicate by a plea of guilty or nolo contendere, entry of a verdict or other final disposition, a case in which the defendant is charged with a misdemeanor violation of section 5.15(1), (3), or (4), or 5.15m, within 77 days after the person is arrested for the violation or, if an arrest warrant is issued or reissued, not more than 77 days after the date the issued or reissued arrest warrant is served, whichever is later. The court shall not dismiss a case or impose any other sanction for a failure to comply with this time limit. The 77-day time limit does not apply to a violation of section 5.15(1), (3), or (4) or section 5.15m joined with a felony charge.

(4)

Advisement of maximum penalty prior to acceptance of plea. Before accepting a plea of guilty or nolo contendere under section 5.15, the court shall advise the accused of the maximum possible term of imprisonment and the maximum possible fine that may be imposed for the violation and shall advise the defendant that the maximum possible license sanctions that may be imposed will be based upon the master driving record maintained by the secretary of state pursuant to section 204a of the act (MCL 257.204a), as amended.

(5)

Screening and assessment as to alcohol or drug abuse; rehabilitative services. Before imposing sentence, other than court-ordered license sanctions, for a violation of section 5.15(1), (3), or (4), the court shall order the person to undergo screening and assessment by a person or agency designated by the office of substance abuse services, to determine whether the person is likely to benefit from rehabilitative services, including alcohol or drug education and alcohol or drug treatment programs. As part of the sentence, the court may order the person to participate in and successfully complete one or more appropriate rehabilitative programs. The person shall pay for the costs of the screening, assessment and rehabilitative services.

(6)

Consideration of prior convictions; imposition of licensing sanctions; restricted license. Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of section 5.15(1), (3), or (4), whether or not the person is eligible to be sentenced as a multiple offender, the court shall consider all prior convictions currently entered upon the person's state driving record, except those convictions the court determines, upon the defendant's motion to be constitutionally invalid, and shall impose the following licensing sanctions:

(a)

For a conviction under section 5.15(1):

(i)

If the court finds that the person has no prior convictions within seven years for a violation of section 625(1), (3), (4) or (5) of the act (MCL 257.625(1), (3), (4), or (5)), or former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to section 625(1) or (3) (MCL 257.625(1) or (3)), former section 625(1) or (2) of the act or former section 625b of the act, or a law of another state substantially corresponding to section 625(1), (3), (4) or (5), former section 625(1) or (2) of the act, or former section 625b of the act, the court shall order the secretary of state to suspend the person's operator's or chauffeur's license for not less than six months or more than two years if the court finds compelling circumstances under subsection (10) sufficient to warrant the issuance of a restricted license to a person, the court may order the secretary of state to issue to the person a restricted license during all or a specified portion of the suspension, except that a restricted license shall not be issued during the first 30 days of the suspension.

(ii)

If the court finds that the person has one prior conviction within seven years for a violation of section 625(3) of the act (MCL 257.625(3), or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to section 625(3) of the act, or former section 625b of the act, or a law of another state substantially corresponding to section 625(3) of the act, or former section 625b of the act, the court shall order the secretary of state to suspend the person's operator's or chauffeur's license for not less than six months or more than two years. If the court finds compelling circumstances under subsection (9) sufficient to warrant the issuance of a restricted license to a person, the court may order the secretary of state to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 60 days of the suspension.

(iii)

If the court finds that the person has one or more prior convictions within seven years for a violation of section 625(1), (4) or (5) of the act (MCL 257.625(1), (4) or (5)), or former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), a local ordinance substantially corresponding to section 625(1) of the act (MCL 257.625(1)), or former section 625(1) or (2) of the act, or a law of another state substantially corresponding to section 625(1), (4) or (5) of the act, or former section 625(1) or (2) of the act, or that the person has two or more prior convictions within ten years for a violation of section 625(1), (3), (4) or (5) of the act (MCL 257.625(1), (3), (4) or (5)), former section 625(1) or (2) of the act, or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to section 625(1) or (3) of the act (MCL 257.625(1) or (3)), former section 625(1) or (2) of the act, or former section 625b of the act, or a law of another state substantially corresponding to section 625(1), (3), (4) or (5) of the act, former section 625(1) or (2) of the act, or former section 625b of the act, the court shall order the secretary of state to revoke the person's operator's or chauffeur's license and shall not order the secretary of state to issue a restricted license to the person.

(b)

For a conviction under section 5.15(3):

(i)

If the court finds that the convicted person has no prior conviction within seven years for a violation of section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4) or (5)), former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to section 625(1) or (3) of the act (MCL 257.625(1) or (3)), former section 625(1) or (2) of the act, or former section 625b of the act, or a law of another state substantially corresponding to section 625(1), (3), (4), or (5) of the act, former section 625(1) or (2) of the act, or former section 625b of the act, the court shall order the secretary of state to suspend the person's operator's or chauffeur's license for not less than 90 days or more than one year. However, if the person is convicted of a violation of section 5.15(3) for operating a vehicle when, due to the consumption of a controlled substance or a combination of intoxicating liquor and a controlled substance, the person's ability to operate the vehicle was visibly impaired, the court shall order the secretary of state to suspend the operator's or chauffeur's license of the person for not less than six months or more than one year. If the court finds compelling circumstances under subsection (10) sufficient to warrant the issuance of a restricted license to a person, the court may order the secretary of state to issue to the person a restricted license during all or a specified portion of the suspension.

(ii)

If the court finds that the person has one prior conviction within seven years for a violation of section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4), or (5)), former section 625(1) or (2) of the act (MCL 257.625(1) or (2)) of the act or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to section 625(1) or (3) of the act (MCL 257.625(1) or (3)) of the act or former section 625(1) or (2) of the act, or former section 625b of the act, or a law of another state substantially corresponding to section 625(1), (3), (4), or (5) of the act, former section 625(1) or (2) of the act, or former section 625b of the act, the court shall order the secretary of state to suspend the person's operator's or chauffeur's license for not less than six months or more than two years. If the court finds compelling circumstances under subsection (10) sufficient to warrant the issuance of a restricted license to a person, the court may order the secretary of state to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 60 days of the suspension.

(iii)

If the court finds that the person has two or more prior convictions within ten years for a violation of section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4) or (5)), or former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to section 625(1) or (3) of the act (MCL 257.625(1) or (3)), or former section 625(1) or (2) of the act, or former section 625b of the act, or a law of another state substantially corresponding to section 625(1), (3), (4), or (5) of the act, or former section 625(1) or (2) of the act, or former section 625b of the act, the court shall order the secretary of state to revoke the person's operator's or chauffeur's license and shall not order the secretary of state to issue a restricted license to the person.

(c)

For a conviction under section 5.15(4):

(i)

If the court finds that the convicted person has no prior conviction within seven years for a violation of section 625(1), (3), (4), (5), or (6) of the act (MCL 257.625(1), (3), (4), (5), or (6)), former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to section 625(1), (3), or (6) of the act (MCL 257.625(1), (3) or (6)), former section 625(1) or (2), or former section 625b, or a law of another state substantially corresponding to section 625(1), (3), (4), (5), or (6), former section 625(1) or (2), or former section 625b, the court shall order the secretary of state to suspend the operator's or chauffeur's license of the person for not less than 30 days or more than 90 days. The court may order the secretary of state to issue to the person a restricted license during all or a specified portion of the suspension.

(ii)

If the court finds that the person has one or more prior convictions within seven years for a violation of section 625(1), (3), (4), (5), or (6) of the act (MCL 257.625(1), (3), (4), (5), or (6)), former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to section 625(1), (3), or (6) of the act (MCL 257.625(1), (3) or (6)), former section 625(1) or (2), or former section 625b, or a law of another state substantially corresponding to section 625(1), (3), (4), (5), or (6), former section 625(1) or (2), or former section 625b, the court shall order the secretary of state to suspend the operator's or chauffeur's license of the person for not less than 90 days or more than one year. The court may order the secretary of state to issue to the person a restricted license during all or any portion of the suspension, except that a restricted license shall not be issued during the first 90 days of the suspension.

(7)

Permitted uses under restricted license. A restricted license issued pursuant to an order under subsection (6) shall permit the person to whom it is issued to drive under one or more of the following circumstances:

(a)

To and from the person's residence and work location.

(b)

In the course of the person's employment or occupation.

(c)

To and from the person's residence and an alcohol or drug education or treatment program as ordered by the court.

(d)

To and from the person's residence and the court probation department or a court-ordered community service program, or both.

(e)

To and from the person's residence and an educational institution at which the person is enrolled as a student.

(f)

To and from the person's residence or work location and 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.

(8)

Ignition interlock device requirement. The court may order that the restricted license issued pursuant to subsection (6) include the requirement that the person shall not operate a motor vehicle unless the vehicle is equipped with a functioning ignition interlock device. The device shall be set to render the motor vehicle inoperable if the device detects an alcohol content of 0.02 grams or more per 210 liters of breath in the person who offers a breath sample. The court may order installation of an ignition interlock device on any motor vehicle that the person owns or operates, the costs of which the person whose license is restricted shall bear.

(9)

Hauling of hazardous materials under restricted license prohibited. The court shall not order the secretary of state under subsection (6) to issue a restricted license that would permit a person to operate a commercial motor vehicle that hauls hazardous materials.

(10)

Transportation need requirement. The court shall not order the secretary of state to issue a restricted license unless the person states under oath, and the court finds pursuant to testimony taken in open court or pursuant to statements contained in a sworn affidavit on a form prescribed by the state court administrator, that both of the following are true:

(a)

The person needs vehicular transportation to and from his work location, place of alcohol or drug education treatment, court probation department, court-ordered community service program, or educational institution, or a place of regularly occurring medical treatment for a serious condition 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 individuals able to provide transportation to a destination or for a purpose described in subdivision (a).

(11)

Restricted license to indicate travel destination, route and time. The court order issued under subsection (6) and the restricted license shall indicate the permitted destination of the person or the permitted purposes for which the person may operate a vehicle, the approved route if specified by the court, and permitted times of travel.

(12)

Surrender of license on conviction; abstract forwarded to secretary; suspension or revocation; issuance of restricted license; stay pending appeal. Immediately upon acceptance by the court of a plea of guilty or nolo contendere or upon entry of a verdict of guilty for a violation of section 5.15(1), (3) or (4) the person shall surrender to the court his operator's or chauffeur's license or permit. The court shall immediately destroy the license or permit 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 or revoke the person's license and, if ordered by the court and 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 and sentence is appealed to the circuit court, the court may, ex parte, order the secretary of state to stay the suspension, revocation, or restricted license issued pursuant to this section pending the outcome of the appeal.

(13)

Vehicle group designation suspension; restricted license permitting commercial vehicle operation prohibited. In addition to any other suspension or revocation ordered under this section and as part of the sentence imposed upon a person who violates section 5.15(1) or (3), while operating a commercial motor vehicle, the court shall order the secretary of state to suspend the vehicle group designations on the person's operator's or chauffeur's license in accordance with section 319b(1)(c) of the act (MCL 257.319b(1)(c)), as amended. If the vehicle was transporting hazardous material required to have a placard pursuant to 49 CFR 100 to 199, the court shall order the secretary of state to suspend the vehicle group designations on the person's operator's or chauffeur's license in accordance with section 319b(1)(d) of the act (MCL 257.319b(1)(d)), as amended. The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle.

(14)

Vehicle group designation revocation; restricted license permitting commercial vehicle operation prohibited. In addition to any other suspension or revocation ordered under this section and as part of the sentence imposed upon a person who is convicted of a violation of section 5.15(1) or (3), while operating a commercial motor vehicle within ten years of a prior conviction, the court shall order the secretary of state to revoke the vehicle group designations on the person's operator's or chauffeur's license in accordance with section 319b(1)(c) of the act (MCL 257.319b(1)(c)), as amended. The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle. As used in this subsection, the term "prior conviction" means a conviction under section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4), or (5)), former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), or former section 625b of the act (MCL 257.625b), a local ordinance substantially corresponding to section 625(1) or (3) of the act (MCL 257.625(1) or (3)), former section 625(1) or (2), or former section 625b, or a law of another state substantially corresponding to section 625(1), (3), (4), or (5), former section 625(1) or (2), or former section 625b involving the operation of a commercial motor vehicle, or a conviction under section 625m of the act (MCL 257.625m), a local ordinance substantially corresponding to section 625m, or a law of another state substantially corresponding to section 625m.

(15)

Work location. As used in this section, the term "work location" means, as applicable, 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.

State Law reference— Similar provisions, MCL 257.625b.

Sec. 5.15c. Preliminary chemical breath analysis.

(1)

Consent to chemical test. A person who operates a vehicle upon a public highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles within the village, is considered to have given consent to chemical tests of his blood, breath or urine for the purpose of determining the amount of alcohol or presence of a controlled substance, or both, in his blood or urine or the amount of alcohol in his breath, in all of the following circumstances:

(a)

If the person is arrested for a violation of section 5.15(1), (3), (4), 5.15a or 5.15m.

(b)

If the person is arrested for felonious driving, negligent homicide, manslaughter or murder resulting from the operation of a motor vehicle and the peace officer had reasonable grounds to believe the person was operating the vehicle while impaired by or under the influence of intoxicating liquor or a controlled substance or a combination of intoxicating liquor and a controlled substance or while having an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine, or if the person is less than 21 years of age while having any bodily alcohol content. As used in this subdivision, the expression "any bodily alcohol content" means either of the following:

(i)

An alcohol content of not less than 0.02 grams or more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(ii)

Any presence of alcohol within a person's body resulting from the consumption of intoxicating liquor, other than consumption of intoxicating liquor as a part of a generally recognized religious service or ceremony.

(2)

Exceptions. A person who is afflicted with hemophilia, diabetes or a condition requiring the use of an anticoagulant under the direction of a physician is not considered to have given consent to the withdrawal of blood.

(3)

Administration. The tests shall be administered as provided in section 5.15a(6).

State Law reference— Similar provisions, MCL 257.625c.

Sec. 5.15d. Refusal to submit to chemical test.

(1)

Necessity of court order upon refusal of accused to submit to chemical test. If a person refuses the request of a peace officer to submit to a chemical test offered pursuant to section 5.15a(6), a test shall not be given without a court order, but the officer may seek to obtain the court order.

(2)

Advisement of consequences of refusal; report to secretary of state. A written report shall immediately be forwarded to the secretary of state by the peace officer. The report shall state that the officer had reasonable grounds to believe that the person had committed a crime described in section 5.15c(1), and that the person had refused to submit to the test upon the request of the peace officer and had been advised of the consequences of the refusal. The form of the report shall be prescribed and furnished by the secretary of state.

State Law reference— Similar provisions, MCL 257.625d.

Sec. 5.15e. Notice of receipt of report; request for hearing.

(1)

If a person refuses to submit to a chemical test pursuant to section 5.15d, the peace officer shall immediately notify the person in writing, that within 14 days of the date of the notice the person may request a hearing as provided in section 5.15f. The form of the notice shall be prescribed and furnished by the secretary of state.

(2)

Notice; contents; failure to request hearing, consequences; counsel. The notice shall specifically state that failure to request a hearing within 14 days will result in the suspension of the person's license or permit to drive. The notice shall also state that there is not a requirement that the person retain counsel for the hearing, though counsel would be permitted to represent the person at the hearing.

State Law reference— Similar provisions, MCL 257.625e.

Sec. 5.15f. Failure to request hearing; effect.

(1)

License sanctions for test refusal. If the person who refuses to submit to a chemical test pursuant to section 5.15d does not request a hearing within 14 days after the date of notice pursuant to section 5.15e, the secretary of state shall impose the following license sanctions:

(a)

If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny the person's operator's or chauffeur's license or permit to drive, or nonresident operating privilege, for six months, or for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for six months, or for a second or subsequent refusal within seven years, for one year.

(b)

If the person was operating a commercial motor vehicle, for the first refusal, suspend all vehicle group designations on the person's operator's or chauffeur's license or permit, or nonresident privilege to operate a commercial motor vehicle, or if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for one year.

(c)

If the person was operating a commercial motor vehicle, for a second or subsequent refusal that occurred in a separate incident from, and within ten years of, a prior refusal, revoke all vehicle group designations on the person's operator's or chauffeur's license or permit, or nonresident privilege to operate a commercial motor vehicle, or if the person is a resident without a license or permit to operate a commercial motor vehicle in the state, not issue the person an operator's or chauffeur's license with vehicle group designations, for not less than ten years and until the person is approved for the issuance of a vehicle group designation.

(d)

If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 5.15c other than a violation of section 5.15a(5) or 5.15m, impose the license sanction described in subdivision (a) and the license sanction described in subdivision (b) or (c), as applicable.

(2)

Hearing; time for holding; scope of inquiry. If a hearing is requested, the secretary of state shall hold the hearing in the same manner and under the same conditions as provided in section 322 of the act (MCL 257.322). Not less than five days' notice of the hearing shall be mailed to the person requesting the hearing, to the peace officer who filed the report under section 5.15d and, if the prosecuting attorney requests receipt of the notice, to the prosecuting attorney of the county where the arrest was made. The hearing officer may administer oaths, issue subpoenas for the attendance of necessary witnesses, and grant a reasonable request for an adjournment. Not more than one adjournment shall be granted to a party and the length of an adjournment shall not exceed 14 days. A hearing under this subsection shall be scheduled to be held within 45 days after the date of arrest for the violation. The hearing officer shall not impose any sanction for a failure to comply with these time limits.

(3)

Hearing deadline. Except for delay attributable to the unavailability of the defendant, a witness or material evidence or due to an interlocutory appeal or exceptional circumstances, but not a delay caused by docket congestion, a hearing shall be finally adjudicated within 77 days after the date of arrest. The hearing officer shall not impose any sanction for failure to comply with this time limit.

(4)

Issues at hearing. The hearing shall cover only the following issues:

(a)

Whether the peace officer had reasonable grounds to believe that the person had committed a crime described in section 5.15c(1).

(b)

Whether the person was placed under arrest for a crime described in section 5.15c(1).

(c)

If the person refused to submit to the test upon the request of the officer, whether the refusal was reasonable.

(d)

Whether the person was advised of the rights under section 5.15a(6).

(5)

Hearing officer to be independent. A person shall not order a hearing officer to make a particular finding on any issue enumerated in subsection (4)(a) to (d).

(6)

Record of proceedings, preparation, transcription; transmittal to reviewing court; stipulation; corrections. The hearing officer shall make a record of a hearing held pursuant to this section. The record shall be prepared and transcribed in accordance with section 86 of the administrative procedures act of 1969, Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq.), as amended. Upon notification of the filing of a petition for judicial review pursuant to section 323 of the Michigan Motor Vehicle Code (MCL 257.323), and not less than ten days before the matter is set for review, the hearing officer shall transmit to the court in which the petition was filed, the original or a certified copy of the official record of the proceedings. Proceedings at which evidence was presented need not be transcribed and transmitted if the sole reason for review is to determine whether the court will order issuance of a restricted license. The parties to the proceedings for judicial review may stipulate that the record be shortened. A party unreasonably refusing to stipulate to a shortened record may be taxed by the court in which the petition is filed for the additional costs. The court may permit subsequent corrections to the record.

(7)

Failure of defendant to prevail; imposition of licensing sanctions. If the person who requested a hearing does not prevail, the secretary of state shall impose the following license sanctions after the hearing:

(a)

If the person was operating a vehicle other than a commercial motor vehicle, suspend or deny issuance of a license or driving permit or a nonresident operating privilege of the person for six months, or for a second or subsequent refusal within seven years, for one year. If the person is a resident without a license or permit to operate a vehicle in the state, the secretary of state shall not issue the person a license or permit for six months, or for a second or subsequent refusal within seven years, for one year. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in section 323 of the act (MCL 257.323), as amended.

(b)

If the person was operating a commercial motor vehicle, impose the sanction prescribed under subsection (1)(b) or (1)(c), as applicable. The person may file a petition in the circuit court of the county in which the arrest was made to review the suspension or denial as provided in section 323 of the act (MCL 257.323), as amended.

(c)

If the person was operating a commercial motor vehicle and was arrested for an offense enumerated in section 5.15c, other than a violation of section 5.15a(5) or 5.15m, impose the license sanctions described in subdivisions (a) and (b).

(8)

Defendant prevails. If the person who requested the hearing prevails, the peace officer who filed the report under section 5.15d may, with the consent of the prosecuting attorney, file a petition in the circuit court of the county in which the arrest was made to review the determination of the hearing officer as provided in section 323 of the act (MCL 257.323), as amended.

(9)

Suspension or revocation of nonresident's license; procedure. When it has been finally determined that a nonresident's privilege to operate a vehicle in the state has been suspended or denied, the department shall give notice in writing of the action taken to the motor vehicle administrator of the state of the person's residence and of each state in which he has a license to operate a motor vehicle.

State Law reference— Similar provisions, MCL 257.625f.

Sec. 5.15g. Duty of officer upon refusal.

(1)

Confiscation by peace officer of accused's license upon refusal to take test or if test reveals impermissible blood alcohol content; issuance of temporary license; report to secretary of state; destruction of accused's license. If a person refuses a chemical test offered pursuant to section 5.15a(6) or submits to the chemical test or a chemical test is performed pursuant to a court order and the test reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall do all of the following:

(a)

On behalf of the secretary of state, immediately confiscate the person's license or permit to operate a motor vehicle and, if the person is otherwise eligible for a license or permit, issue a temporary license or permit to the person. The temporary license or permit shall be on a form provided by the secretary of state.

(b)

Except as provided in subsection (2), immediately do all of the following:

(i)

Forward a copy of the written report of the person's refusal to submit to a chemical test required under section 625d to the secretary of state.

(ii)

Notify the secretary of state by means of the law enforcement information network that a temporary license or permit was issued to the person.

(iii)

Destroy the person's driver's license or permit.

(2)

Duty of peace officer when report of test results are not immediately available. If a person submits to a chemical test offered pursuant to section 5.15a(6) that requires an analysis of blood or urine and a report of the results of that chemical test is not immediately available, the peace officer who requested the person to submit to the test shall comply with subsection (1)(a) pending receipt of the test report. If the report reveals an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately comply with subsection (1)(b). If the report does not reveal an unlawful alcohol content, the peace officer who requested the person to submit to the test shall immediately notify the person of the test results and immediately return the person's license or permit by first class mail to the address given at the time of arrest.

(3)

Validity of temporary license. A temporary license or permit issued under this section is valid for one of the following time periods:

(a)

If the case is not prosecuted, for 90 days after issuance or until the person's license or permit is suspended pursuant to section 5.15f, whichever occurs earlier. The prosecuting attorney shall notify the secretary of state if a case referred to the prosecuting attorney is not prosecuted. The arresting law enforcement agency shall notify the secretary of state if a case is not referred to the prosecuting attorney for prosecution.

(b)

If the case is prosecuted, until the criminal charges against the person are dismissed, the person pleads guilty or nolo contendere to or is found guilty of or acquitted of those charges, or the person's license or permit is suspended pursuant to section 5.15f, whichever occurs earlier.

(4)

Definition of "unlawful alcohol content". As used in this section, "unlawful alcohol content" means any of the following, as applicable:

(a)

If the person tested is less than 21 years of age, 0.02 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(b)

If the person tested was operating a commercial motor vehicle within this state, 0.04 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c)

If the person tested is not a person described in subdivision (a) or (b), 0.10 grams or more of alcohol per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

State Law reference— Similar provisions, MCL 257.625g.

Sec. 5.15m. Prohibition of operation of commercial motor vehicle with certain percentage of alcohol in blood.

(1)

Operator restrictions. A person, whether licensed or not, who has an alcohol content of 0.04 grams or more but not more than 0.07 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine shall not operate a commercial motor vehicle within this state.

(2)

Arrest for violation. A peace officer may arrest a person without a warrant if the peace officer has reasonable cause to believe that the person was, at the time of an accident, the driver of a commercial motor vehicle involved in the accident and was operating the vehicle in violation of this section or of a local ordinance substantially corresponding to this section.

(3)

Violation as misdemeanor; penalty for conviction; suspension of vehicle group designations on license or hazardous material placard; prohibition against issuance of restricted license. A person who is convicted of a violation of this section is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $300.00, or both, together with costs of the prosecution. As part of the sentence, the court shall order the secretary of state to suspend the vehicle group designations on the person's operator's or chauffeur's license pursuant to section 319b(1)(c) of the act (MCL 257.319b(1)(c)), as amended, or, if the vehicle was carrying hazardous material required to have a placard pursuant to 49 CFR 100 to 199, in accordance with section 319b(1)(d) of the act (MCL 257.319b(1)(d)), as amended. The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle.

(4)

Enhancement of punishment for violation within ten years of prior conviction; revocation of vehicle group designations on license; issuance of restricted license. A person who violates this section within ten years of a prior conviction may be sentenced to imprisonment for not more than 90 days or a fine of not more than $500.00, or both. As part of the sentence, the court shall order the secretary of state to revoke the vehicle group designations on the person's operator's or chauffeur's license pursuant to section 319b(1)(e) of the act (MCL 257.319b(1)(e), as amended. The court shall not order the secretary of state to issue a restricted license that would permit the person to operate a commercial motor vehicle. As used in this subsection, "prior conviction" means a conviction for a violation of this section, section 625(1), (3), (4), or (5) of the act (MCL 257.625(1), (3), (4), or (5)), former section 625(1) or (2) of the act (MCL 257.625(1) or (2)), or former section 625b of the act (MCL 257.625b); a local ordinance substantially corresponding to this section, section 625(1) or (3) of the act (MCL 257.625(1) or (3)), former section 625(1) or (2), or former section 625b; or a law of another state substantially corresponding to this section, section 625(1), (3), (4), or (5), former section 625(1) or (2), or former section 625b, while operating a commercial motor vehicle.

(5)

Point assessment. When assessing points and taking license actions under the act, the secretary of state and the court shall treat a conviction for an attempted violation of subsection (1) the same as if the offense had been completed.

State Law reference— Similar provisions, MCL 257.625m.

5.62. Penalties. Sections 5.62a, 5.62b, 5.62c, 5.62d, 5.62e, 5.62f and 5.62g are amended as follows:

Sec. 5.62a

(1)

A person whose operator's or chauffeur's license or registration certificate has been suspended or revoked and who has been notified as provided in section 212 of that suspension or revocation, whose application for license has been denied, or who has never applied for a license, shall not operate a motor vehicle upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of motor vehicles, within this state.

(2)

A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never applied for a license, except as permitted under this act.

(3)

Except as otherwise provided in this section, a person who violates subsection (1) or (2) is guilty of a misdemeanor punishable as follows:

(a)

For the first violation, by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. Unless the vehicle was stolen or used with the permission of a person who did not knowingly permit an unlicensed driver to operate the vehicle, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by the peace officer.

(b)

For the violation that occurs after a prior conviction, by imprisonment for not more than one year or a fine of not more than $1,000.00 or both. Unless the vehicle was stolen, the registration plates of the vehicle shall be canceled by the secretary of state upon notification by a peace officer.

(4)

A person who operates a motor vehicle in violation of subsection (1) and who, by operation of that motor vehicle, causes the death of another person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not less than $2,,500.00 or more than $10,000.00. or both. This subsection does not apply to a person whose operator's or chauffeur's license was suspended because that person failed to answer a citation or comply with an order or judgment pursuant to section 321a.

(5)

A person who operates a motor vehicle in violation of subsection (1) and who, by operation of that motor vehicle causes the serious impairment of a body function of another person is guilty of a felony punishable by imprisonment for not more than five years or a fine of not less than $1,000.00 or more than $5,000.00, or both. This subsection does not apply to a person whose operator's or chauffeur's license was suspended because that person failed to answer a citation or comply with an order or judgment pursuant to section 321a. As used in this subsection and subsection (7), "serious impairment of a body function" includes, but is not limited to, one or more of the following:

(a)

Loss of a limb or loss of use of limb.

(b)

Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.

(c)

Loss of an eye or ear or loss of use of an eye or ear.

(d)

Loss or substantial impairment of a bodily function.

(e)

Serious visible disfigurement.

(f)

A comatose state that lasts for more than three days.

(g)

Measurable brain or mental impairment.

(h)

A skull fracture or other serious bone fracture.

(i)

Subdural hemorrhage or subdural hematoma.

(6)

In addition to being subject to any other penalty provided for in this act, if a person is convicted under subsection (4) or (5), the court may impose the sanction permitted under section 625n. If the vehicle is not ordered forfeited under section 625n, the court shall order vehicle immobilization under section 904d in the judgment of sentence.

(7)

A person shall not knowingly permit a motor vehicle owned by the person to be operated upon a highway or other place open to the general public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state, by a person whose license or registration certificate is suspended or revoked, whose application for license has been denied, or who has never been licensed except as permitted by this act. If a person permitted to operate a motor vehicle in violation of this subsection causes the serious impairment of a body function of another person by operation of that motor vehicle, the person knowingly permitting the operation of that motor vehicle is guilty of a felony punishable by imprisonment for not more than two years, or a fine of not less than $1,000.00 or more than $5,000.00, or both. If a person permitted to operate a motor vehicle in violation of this subsection causes the death of another person by operation of that motor vehicle, the person knowingly permitting the operation of that motor vehicle is guilty of a felony punishable by imprisonment for not more than five years, or a fine of not less than $1,000.00 or more than $5,000.00, or both.

(8)

If the prosecuting attorney intends to seek an enhanced sentence under this section or a sanction under section 904d based upon the defendant having one or more prior convictions, or suspensions or revocations under this section, the prosecuting attorney shall include on the complaint and information, or an amended complaint and information, filed in district court, circuit court, municipal court, or family division of circuit court, a statement listing the defendant's prior convictions, suspensions, or revocations.

(9)

A prior conviction, a suspension, or a revocation under this section shall he established at or before sentencing by one or more of the following:

(a)

An abstract of conviction.

(b)

A copy of the defendant's driving record.

(c)

An admission by the defendant.

(10)

Upon receiving a record of a person's conviction or civil infraction determination for the unlawful operation of a motor vehicle or a moving violation reportable under section 732 while the person's operator's or chauffeur's license is suspended or revoked, the secretary of state immediately shall impose an additional like period of suspension or revocation. This subsection applies only if the violation occurs during a suspension of definite length or if the violation occurs before the person is approved for a license following a revocation.

(11)

Upon receiving a record of a person's conviction or civil infraction determination for the unlawful operation of a motor vehicle or a moving violation reportable under section 732 while the person's operator's or chauffeur's license is indefinitely suspended or whose application for a license has been denied, the secretary of state immediately shall impose a 30-day period of suspension or denial.

(12)

Upon receiving a record of the conviction, bond forfeiture or a civil infraction determination of a person for unlawful operation of a motor vehicle requiring a vehicle group designation while the designation is suspended pursuant to section 319a or 319b, or revoked, the secretary of state immediately shall impose an additional like period of suspension or revocation. This subsection applies only if the violation occurs during a suspension of definite length, if the violation occurs before the person is approved for a license following a revocation, or if the person operates a commercial vehicle while disqualified under the commercial motor vehicle safety act of 1986, title XII of Public Law 99-570, 100 Stat. 3207-170.

(13)

If the secretary of state receives records of more than one conviction or civil infraction determination resulting from the same incident, all of the convictions or civil infraction determination shall be treated as a single violation for purposes of imposing an additional period of suspension or revocation under subsection (10), (11), or (12).

(14)

Before a person is arraigned before a district court magistrate or judge on a charge of violating this section, the arresting officer shall obtain the person's driving record from the secretary of state and shall furnish the record to the court. The driving record of the person may be obtained from the secretary of state's computer information network.

(15)

This section does not apply to a person who operates a vehicle solely for the purpose of protecting human life or property if the life or property is endangered and summoning prompt aid is essential.

(16)

A person whose vehicle group designation is suspended or revoked and who has been notified as provided in section 212 of that suspension or revocation, or whose application for a vehicle group designation has been denied as provided in this act, or who has never applied for a vehicle group designation and who operates a commercial vehicle within this state, except as permitted under this act, while any of those conditions exist is guilty of a misdemeanor punishable, except as otherwise provided in this section, by imprisonment for not less than three days or more than 93 days or a fine of not more than $100.00, or both.

(17)

If a person has a second or subsequent suspension or revocation under this section within seven years as indicated on the person's Michigan driving record, the court shall proceed as provided in section 904d.

(18)

Any period of suspension or revocation required under subsection (10), (11), or (12) does not apply to a person who has only one current effective suspension or denial on his or her Michigan driving record under section 321a and was convicted of or received a civil infraction determination for a violation that occurred during that suspension or denial. This subsection may only be applied once during the person's lifetime.

(19)

For purposes of this section, a person who never applied for a license includes a person who applied for a license, was denied, and never applied again.

Sec. 5.62b

Any person, not exempt from license under this act, who shall operate a motor vehicle upon the highways of this state and who is unable to show that he or she has been issued a license to operate a motor vehicle by any state or foreign country valid within the 3 year[s] preceding is guilty of a misdemeanor and upon conviction shall be punished by imprisonment for not more than 90 days, or by a fine of not less than $50.00 nor more than $100.00, or both. Any person convicted of a second offense under this section shall be punished by imprisonment for not less than two nor more than 90 days, or by a fine of $100.00, or both.

Sec. 5.62c

(1)

When a person is convicted of an offense punishable under section 904(1) (b) or (c) or a local ordinance substantially corresponding to section 904(1)(b) or (c) for operating a motor vehicle while his or her license to operate a motor vehicle is suspended, revoked, or denied, the court shall order the motor vehicle, if it is owned in whole or in part or leased by that person, impounded for not less than a period the court orders but not more than 120 days from the date of judgment.

(2)

When a person is convicted of an offense punishable under section 904(1)(a) or a local ordinance substantially corresponding to section 904(1)(a) for operating a motor vehicle while his or her license to operate a motor vehicle is suspended, revoked, or denied, the court may order the motor vehicle if it is owned in whole or in part or leased by that person, impounded for not more than 120 days from the date of judgment.

(3)

An order for the impounding of a motor vehicle issued pursuant to this section is valid throughout the state. Any peace officer may execute the impoundment order. The order shall include the implied consent of the owner of the vehicle to the storage for insurance coverage purposes.

(4)

The owner of a motor vehicle impounded pursuant to this section is liable for expenses incurred in the removal and storage of the vehicle whether or not the vehicle is returned to him or her. The vehicle shall be returned to the owner only if the owner pays the expense for removal and storage. If redemption is not made or the vehicle is not returned as provided in this section within 30 days of the time set in the impoundment order for return of the vehicle, the vehicle shall be considered an abandoned vehicle and disposed of as provided in section 252a.

(5)

This section does not affect the rights of a conditional vendor, chattel mortgagee, or lessor of a motor vehicle registered in the name of another person as owner who becomes subject to this act.

Sec. 5.62d

(1)

When a peace officer detains the driver of a motor vehicle for a violation of a law of this state or local ordinance for which vehicle immobilization is required, the peace officer shall do all of the following:

(a)

Immediately confiscate the vehicle's registration plate and destroy it.

(b)

Issue a temporary vehicle registration plate for the vehicle in the same form prescribed by the secretary of state for temporary registration plates issued under section 226a or 226b.

(c)

Place the temporary vehicle registration plate on the vehicle in the manner required by the secretary of state.

(d)

Notify the secretary of state through the law enforcement information network in a form prescribed by the secretary of state that the registration plate was confiscated and destroyed, and a temporary plate was issued.

(2)

A temporary vehicle registration plate issued under this section is valid until the charges against the person are dismissed, the person pleads guilty or nolo contendere to those charges, or the person is found guilty of or is acquitted of those charges.

Sec. 5.62e

(1)

Vehicle immobilization applies as follows:

(a)

For a conviction under section 625(1), (3), or (7) or a local ordinance substantially corresponding to section 625(1) or (3) with no prior convictions, the court may order vehicle immobilization for not more than 180 days.

(b)

For a conviction under section 625(4) or (5) with no prior convictions, the court shall order vehicle immobilization for not more than 180 days.

(c)

For a conviction under section 625(1), (3), (4), (5), or (7) with seven years after the prior conviction, the court shall order vehicle immobilization for not less than 90 days or more than 180 days.

(d)

For a conviction under section 625(1), (3) (4), (5) or (7) within 10 years after two or more prior convictions, the court shall order vehicle immobilization for not less than one year or more than three years.

(2)

For a conviction or civil infraction determination occurring during a period of suspension, revocation, or denial, the following apply:

(a)

Except as provided in subdivision (b), for 1 prior suspension, revocation or denial under section 904(10), (11), or (12) within the past seven years, the court may order vehicle immobilization for not more than 180 days.

(b)

Except as provided in subdivisions (c) and (d), if the person is convicted under section 904(4) or (5), the court shall order vehicle immobilization for not more than 180 days.

(c)

For any combination of two or three prior suspensions, revocations, or denials under section 904(10), (11), or (12) with the past seven years, the court shall order vehicle immobilization for not less than 90 days or more than 180 days.

(d)

For any combination of four or more prior suspensions, revocations, or denials under section 904(10), (11), or (12) within the past seven years, the court shall order vehicle immobilization for not less than one year or more than three years.

(3)

The defendant shall provide to the court the vehicle identification number and registration plate number of the vehicle involved in the violation.

(4)

The court may order vehicle immobilization under this section 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 section 625 (2) or section 904(1) regardless of whether a conviction resulted.

(5)

An order required to be issued under this section shall not be suspended.

(6)

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.

(7)

This section 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, 1982 PA 295, MCL 552.601 to 552.650.

(b)

A vehicle that is registered in another state or that is a rental vehicle.

(c)

Any of the following:

(i)

A violation of chapter II.

(ii)

A violation of chapter V.

(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 section 703(1) or (2) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance substantially corresponding to section 703(1) or (2) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or section 624a or 624b or a local ordinance substantially corresponding to section 624a or 624b.

(viii)

A violation of a local ordinance substantially corresponding to a violation described in subparagraphs (i) to (vii).

(8)

As used in this section:

(a)

Subject to subsection (9), "prior conviction" means a conviction for any of the following, whether under a law of this state, a local ordinance substantially corresponding to a law of this state, or a law of another state substantially corresponding to a law of this state:

(i)

Except as otherwise provided in this subparagraph, a violation or attempted violation of section 625(1), (3), (4), (5), (6), or (7), section 625m, former section 625(1) or (2), or former section 625b. However, only one violation or attempted violation of section 625(6), a local ordinance substantially corresponding to section 625(6), or a law of another state substantially corresponding to section 625(6) may be used as a prior conviction.

(ii)

Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.

(b)

"Vehicle immobilization" means requiring the motor vehicle involved in the violation immobilized in a manner provided in section 904e.

(9)

If two or more convictions described in subsection (8)(a) are convictions for violations arising out of the same incident, only one conviction shall be used to determine whether the person has a prior conviction.

Sec. 5.62f

(1)

A court shall order a vehicle immobilized under section 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 stores at a location and in a manner considered appropriate by the court. The court may order the person convicted of violating section 625 or a suspension, revocation, or denial under section 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 section 3(3)(a) of the use tax act, 1937 PA 94, MCL 205.93 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 the 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.

Sec. 5.62g

The vehicle registration records of the secretary of state shall disclose which vehicles are assigned a temporary registration plate under section 904c or are immobilized under this act.

Sec. 5.82. Mandatory child restraints.

(1)

Except as provided in this section, or as otherwise provided by law, a rule promulgated pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq.), as amended, or federal regulation, each driver transporting a child in a motor vehicle shall properly secure each child in a child restraint system as follows:

(a)

Any child less than one year of age in a child restraint system which meets the standards prescribed in 49 CFR 571.213, except as provided in subsection (6).

(b)

Any child one year of age or more but less than four years of age, when transported in the front seat, in a child restraint system which meets the standards prescribed in 49 CFR 571.213, except as provided in subsection (6).

(c)

Any child one year of age or more but less than four years of age, when transported in the rear seat, in a child restraint system which meets the standards prescribed in 49 CFR 571.213, unless the child is secured by a safety belt provided in the motor vehicle, except as provided in subsection (6).

(2)

This section does not apply to any child being nursed.

(3)

This section does not apply if the motor vehicle being driven is a bus, school bus, taxicab, moped, motorcycle, or other motor vehicle not required to be equipped with safety belts under federal law or regulations.

(4)

A person who violates this section is responsible for a civil infraction.

(5)

Points shall not be assessed under section 320a of the act (MCL 257.320a), as amended, for a violation of this section. An abstract required under section 732 of the act (MCL 257.732), as amended, shall not be submitted to the secretary of state regarding a violation of this section.

(6)

The secretary of state may exempt by rules promulgated pursuant to Act No. 306 of the Public Acts of Michigan of 1969 (MCL 24.201 et seq.), as amended, a class of children from the requirements of this section, if the secretary of state determines that the use of the child restraint system required under subsection (1) is impractical because of physical unfitness, a medical problem, or body size. The secretary of state may specify alternate means of protection for children exempted under this subsection.

State Law reference— Similar provisions, MCL 257.710d.

Sec. 5.83. Safety belt required; enforcement.

(1)

This section shall not apply to a driver or passenger of:

(a)

A motor vehicle manufactured before January 1, 1965.

(b)

A bus.

(c)

A motorcycle.

(d)

A moped.

(e)

A motor vehicle if the driver or passenger possesses a written verification from a physician that the driver or passenger is unable to wear a safety belt for physical or medical reasons.

(f)

A motor vehicle which is not required to be equipped with safety belts under federal law.

(g)

A commercial or United States postal service vehicle which makes frequent stops for the purpose of pickup or delivery of goods or services.

(h)

A motor vehicle operated by a rural carrier of the United States postal service while serving his rural postal route.

(2)

This section shall not apply to a passenger of a school bus.

(3)

Each driver and front seat passenger of a motor vehicle operated on a street or highway within the village shall wear a properly adjusted and fastened safety belt, except that a child less than four years of age shall be protected as required in section 5.82.

(4)

Each driver of a motor vehicle transporting a child four years of age or more but less than 16 years of age in a motor vehicle shall secure the child in a properly adjusted and fastened safety belt. If the motor vehicle is transporting more children than there are safety belts available for use, all safety belts available in the motor vehicle are being utilized in compliance with this section, and the driver and all front seat passengers comply with subsection (3) of this section, then the driver of a motor vehicle transporting a child four years of age or more but less than 16 years of age for which there is not an available seat belt is in compliance with this subsection if that child is seated in other than the front seat of the motor vehicle. However, if that motor vehicle is a pickup truck without an extended cab or jump seats, and all safety belts in the front seat are being used, the driver may transport such a child in the front seat without a safety belt.

(5)

Enforcement of this section by state or local law enforcement agencies shall be accomplished only as a secondary action when a driver of a motor vehicle has been detained for a suspected violation of another section of this act.

(6)

Failure to wear a safety belt in violation of this section may be considered evidence of negligence and may reduce the recovery for damages arising out of the ownership, maintenance or operation of a motor vehicle. However, such negligence shall not reduce the recovery for damages by more than five percent.

(7)

A person who violates this section is responsible for a civil infraction punishable by a civil fine of not more than $25.00.

(8)

Points shall not be assessed under section 320a of the act (MCL 257.320a), as amended, for a violation of this section.

State Law reference— Similar provisions, MCL 257.710c.

Sec. 5.97. School bus; signs; overtaking, meeting and passing; mirror; evidence of violation; violation as civil infraction.

(1)

The driver of a vehicle overtaking or meeting a school bus which has stopped and is displaying two alternately flashing red lights located at the same level shall bring the vehicle to a full stop not less than 20 feet from the school bus and shall not proceed until the school bus resumes motion or the visual signals are no longer actuated. At an intersection where traffic is controlled by an officer or a traffic stop-and-go signal, a vehicle need not be brought to a full stop before passing a stopped school bus, but may proceed past the school bus at a speed not greater than is reasonable and proper but not greater than ten miles an hour and with due caution for the safety of passengers being received or discharged from the school bus. The driver of a vehicle who fails to stop for a school bus, as required by this subsection, who passes a school bus in violation of this subsection, is responsible for a civil infraction.

(2)

The driver of a vehicle upon a highway which has been divided into two roadways by leaving an intervening space, or by a physical barrier, or clearly indicated dividing sections, so constructed as to impede vehicular traffic, need not stop upon meeting a school bus which has stopped across the dividing space, barrier or section.

(3)

In a proceeding for a violation of subsection (1), proof that the particular vehicle described in the citation was in violation of subsection (1), together with proof that the defendant named in the citation was, at the time of the violation, the registered owner of the vehicle shall constitute in evidence a presumption that the registered owner of the vehicle was the driver of the vehicle at the time of the violation.

(4)

In addition to the civil fine and costs provided for a civil infraction under section 907, the judge, district court referee or district court magistrate may order a person who violates this section to perform not to exceed 100 hours of community service at a school.

State Law reference— Similar provisions, MCL 257.682.

Sec. 10.39. Operation of snowmobiles on roadway prohibited; exceptions.

(1)

A person shall not operate a snowmobile on any roadway within the corporate limits of this governmental unit, with the following exceptions:

(a)

The chief of police is hereby authorized to permit the operation of a snowmobile on a roadway when, because of snow or other extreme roadway conditions, conventional motor vehicles cannot be used for necessary transportation.

(b)

A snowmobile may be operated upon designated snowmobile trails within the city limits if so designated and signed as snowmobile trails by the city council. Any designated snowmobile trail may be modified, eliminated, or changed. Such snowmobile trails, if any, shall be established at the discretion of the city council. There shall be no use of snowmobiles other than upon designated and appropriately signed snowmobile trails.

(c)

A snowmobile may be operated on a roadway within the limits of the city only if and when a designated snowmobile trail traverses a roadway within the city. The snowmobile shall be brought to a complete stop before entering onto the roadway, and the operator shall yield the right-of-way to a vehicle approaching on the roadway.

(d)

Operation of snowmobiles within the city limits shall conform to the following requirements:

(i)

Must travel in single file only;

(ii)

Must be operated at a rate of speed not greater than the speed limit that is posted on the designated trails, and that is reasonable and proper having due regard for conditions then and there existing;

(iii)

Shall be in compliance with all other provisions and regulations set forth in the Uniform Traffic Code, as amended, and incorporated by reference by the city for the purpose of proscribing regulations governing traffic and traffic related conditions within the city.

(2)

A person shall not transport a bow or firearm on a snowmobile, unless the bow is unstrung or the firearm is securely encased or equipped with, and made inoperative by, a manufactured, key-locked, trigger-housing mechanism.

(Ord. of 11-23-92, § 10-39; Ord. of 11-22-99; Ord. of 11-22-99)