Faq Section State Of Michigan-Books Pdf

FAQ Section State of Michigan
25 Mar 2020 | 11 views | 0 downloads | 26 Pages | 902.33 KB

Share Pdf : Faq Section State Of Michigan

Download and Preview : Faq Section State Of Michigan


Report CopyRight/DMCA Form For : Faq Section State Of Michigan



Transcription

REPEAT OFFENDER, QUESTION What is the definition of a repeat offender. ANSWER Repeat Offender as used in the new legislation applies to persons who are. eligible for vehicle plate confiscation and immobilization This applies to any 2nd alcohol or. drug violation while operating a motor vehicle or a 3rd mandatory additional resulting from a. moving violation while suspended or revoked and is based upon a reading of the driving. record to determine prior convictions and related license actions Convictions appearing on. the driving record prior to October 1 1999 will be used to determine eligibility for repeat. offender status, QUESTION How does the police officer know a defendant is a repeat offender. ANSWER At the time the officer requests a driving status if the defendant s record. contains the requisite number of prior convictions the record will return a message indicating. the number of convictions and the requirement to issue a paper plate and confiscate the metal. QUESTION What if a defendant tells the police officer the driving record is wrong that. the court must have made a mistake there should be no priors or all suspended tickets have. been paid and the record just isn t up to date, ANSWER Each officer will handle these situations according to departmental or personal. QUESTION Should courts return paper plates to law enforcement if information on the. paper plate is incomplete Something is missing VIN make year etc. ANSWER The court should call the police department or return a copy of the paper plate. whichever process works best for the court, QUESTION What if the police turn in the metal plate to the court. ANSWER The court should not accept the plates Law enforcement is supposed to destroy. the plate See MCL 257 904c, QUESTION Does the police department confiscate a leased rental or commercial vehicle.
plate What about out of state plates tribal plates or trailer plates. ANSWER Yes leased vehicle plates are confiscated Neither rental tribal trailer. manufacturer dealer U S Government nor out of state vehicle plates are confiscated unless. they are International Registration Plates, QUESTION If the metal plate is expired at the time of the stop would a paper plate be. ANSWER Yes Issue the paper plate showing the expired date If they continue to drive. the car without renewing the registration they could be re ticketed for the expired plate. QUESTION What if the plate is improper or there is no plate on the vehicle. ANSWER The improper plate should be removed and a paper plate is issued but it is not. placed on the vehicle For both an improper plate or no plate the officer should leave the. plate number field on the paper plate blank Law enforcement enters the vehicle. identification number VIN and other information into LEIN The court gets their copy of. the paper plate but does not enter anything in the plate number field A Notice of. Adjudication NOA is issued on adjudication Immobilization may be ordered. QUESTION What does the officer do if there is already a paper plate on the vehicle. ANSWER The officer should take the previous plate off of the vehicle and destroy it then. issue a new paper plate Each adjudication gets a Notice of Adjudication The. drivers defendants may be different for each paper plate. QUESTION Under what circumstances will vehicles be towed. ANSWER In addition to OUIL and DWLS violations where there is no licensed sober. person available to drive the vehicle vehicles are towed if they are reported stolen if the. registration is improper or if the vehicle is needed as evidence. QUESTION Who pays towing fees if the vehicle is towed. ANSWER This is determined by the owner the procedures are the same as occur now. QUESTION Is the court notified of the location of the towed vehicle Does the court have. any obligation to communicate with the vehicle storage facility. ANSWER The court is not involved with the towing or storage of a vehicle towed at the. time of a stop arrest The court may direct the owner defendant to the police department that. handled the arrest for this information,QUESTION When does a paper plate expire. ANSWER The paper plate expires when the underlying plate expires or when adjudicated. whichever is sooner If the underlying plate expires the paper plate must be renewed at the. branch office The applicant will receive a paper plate with the new expiration date. QUESTION Can an innocent owner get the paper plate cleared before adjudication. ANSWER No At the time of adjudication the owner may obtain a new plate if they are. otherwise eligible The fee for a replacement plate is 5 00 If the plate is expired full fees. will be required, QUESTION How does the court know who the owner of a vehicle is. ANSWER The court could request law enforcement to provide a registration status with. ownership information along with the ticket or complaint and the paper plate Or the court. could run this if they have LEIN or SOS access, QUESTION What if the defendant fails to appear and there is a Bench Warrant How. long must the innocent owner have a paper plate, ANSWER There is no provision in the current statute for this situation The owner can.
continue to renew the paper plate each time it expires. QUESTION What if the plate is confiscated in error. ANSWER If the error is discovered the same date as the confiscation simply delete the. entry from the LEIN If the error is not discovered until a later date you may remove the. flash by sending a message in through LEIN requesting a correction to the record that. includes the year make VIN plate number and date of offense. QUESTION How will I know that a person is required to have an interlock device on the. vehicle they are driving, ANSWER Driver Assessment and Appeal Division of the Department of State will order. the restriction license and status will read May only operate vehicle equipped with. interlock device may drive to and from calibration original action to be reinstated upon. violation ignition interlock required for one year from date of restriction. QUESTION Can DWLS and Operating While Intoxicated be issued on a ticket. ANSWER Citations may be issued for a 93 day misdemeanor for 1st offense written under. the Michigan Vehicle Code or a substantially corresponding local ordinance 2nd and. subsequent offenses carrying penalties over 93 days must be filed on a complaint and. QUESTION What if the prosecutor chooses to charge 1st offense when there are prior. convictions on the record, ANSWER This is the prosecutor s prerogative This would lesson the criminal penalties. but the license sanctions imposed by the Department of State will be based upon the driving. record regardless of whether the defendant was convicted of 1st 2nd or 3rd offense The court. will receive no notice from SOS of the license action it takes The defendant will receive a. notice of the suspension or restrictions imposed with an effective date. QUESTION Can a defendant be charged with both Operating While Intoxicated Child. Endangerment and Operating While Intoxicated, ANSWER No Operating While Intoxicated is a lesser included offense of Operating. While Intoxicated Child Endangerment, QUESTION Can the prosecutor charge multiple counts for Operating While Intoxicated. Occupant Less Than 16, ANSWER Yes There could be one count for each individual under 16 in the vehicle The.
second count would be treated as same incident, QUESTION If the owner wants to sell the vehicle to a non family member can the new. owner get a metal plate,ANSWER Yes, QUESTION What if prints do not accompany the complaint from the police or prosecutor. to the court, ANSWER The court would be obligated to order fingerprints taken prior to sentencing. The prints would have to be updated with the appropriate CTN from the county prosecutor. in order to match to the judgment of sentence dismissal acquittal or nolle prosequi sent to. MSP Central Records, Convictions under local ordinance for offenses with penalties up to 93 days must also be. reported This must be done by submitting the original fingerprint card with a copy of the. judgment of sentence dismissal acquittal or nolle prosequi form Locations using LIVE. SCAN submission of fingerprints should coordinate electronic submission of conviction. information using the appropriate CTN or other local tracking number. QUESTION Does the court have any obligation to initiate communication with the. vehicle owner if different than the defendant, ANSWER No One way this could be addressed would be if the owner filed a motion.
regarding possible order of immobilization Each court might want to determine how the. judge will make this determination, QUESTION Would a motion from an innocent owner regarding immobilization be filed as. a new case or part of the criminal case, ANSWER This is a secondary action on an existing case and should be filed in the criminal. case There would be no motion fees, QUESTION Does the officer have to list all co owners on the citation How will the court. know whether a person is a co owner, ANSWER Ownership of a vehicle is not information required on a citation If a co owner. has a motion before the court they should provide proof of co ownership to the court If at. arraignment or plea the defendant indicates s he is not an owner the court could run the. vehicle registration record to determine ownership if it has not already received registration. information from law enforcement, QUESTION How does the owner find out when the adjudication date will be if s he is not.
the defendant, ANSWER It is up to the owner to communicate with the defendant to be aware of. important court dates, QUESTION What if the prosecutor declines to authorize a complaint How does the. defendant get a new metal plate, ANSWER The prosecutor has the obligation to notify law enforcement that charges will. not be issued The prosecutor and law enforcement will have to work out an agreement as to. which agency has the responsibility to notify the defendant s he may apply for a new metal. plate It might be helpful for courts to determine which agency will handle this. QUESTION Does the court have any responsibility to assist an owner in obtaining a new. plate if the prosecutor declines to authorize charges. ANSWER The court has no responsibility to do this The owner should contact the. appropriate prosecutor or law enforcement, QUESTION Will a fee be required to get a new plate if charges are not filed. ANSWER The Department of State will charge a 5 00 replacement fee for a new plate. regardless of whether the defendant was ever charged was convicted or the case was. QUESTION Are there any new time guidelines for adjudication of these cases. ANSWER There are no new time guidelines for adjudication The new offense of Child. Endangerment was added to the offenses for which time guidelines on processing are. QUESTION What procedures will the court have to modify to implement these new laws. ANSWER Many of these violations become 93 day misdemeanors In addition. fingerprints are required as well as reporting to MSP Central Records at disposition MCR. 6 610 D has been amended effective 10 1 99 eliminating the requirement for a Court. Appointed Attorney for 93 day offenses, If a paper plate was issued in addition to alcohol offenses other offenses require two.
abstracts one at disposition conviction dismissal nolle etc and a second audit abstract. at sentencing A variety of offenses could qualify for this procedure based upon whether or. not the metal plate was confiscated Court clerks will need to know which cases this. requirement applies to the court may have to implement some internal flag mechanism to. identify these cases based upon the issuance of the paper plate. QUESTION What does the court need to know in order to inform defendants at. arraignment of possible sanctions How will the court get this information. ANSWER The court s obligation is to advise the defendant that any license sanctions will. be imposed by the Department of State based upon the master driving record It is not the. court s responsibility to determine the extent of those sanctions If the court wishes to. interpret the driving record and so advise the defendant the court will have to determine. locally how it will obtain a current driving record understanding that the record may be. modified between arraignment and adjudication, QUESTION What if the prosecutor fails to advise the court of defendant s eligibility for. vehicle immobilization or forfeiture, ANSWER The court will be aware of mandatory immobilization when the court receives. notice of issuance of a paper plate If no information regarding the paper plate is received. the court would not know unless it determined this from its own review of the defendant s. driving record While the statute is silent on what happens if the prosecutor fails to provide. notice courts might draw an analogy from the notice requirements for habitual felony. offenders and hold that they are precluded from ordering immobilization or forfeiture. QUESTION How does the owner get a new metal plate after the case is adjudicated. ANSWER The court must provide the owner with an NOA Notice of Adjudication form. This is a combination form with the CORDL Court Ordered Restricted Driver License. CORDLs are used on pre October 1 1999 alcohol cases and on all drug cases because the. court continues to impose license sanctions on these cases On all new cases except for drug. cases license sanctions are imposed by the Secretary of State The CORDL form is used as a. NOA on cases occurring after October 1st when a paper plate was issued The owner may. take this form to a SOS branch office to get a new metal plate. QUESTION What if the owner isn t in court Should the court give the NOA to the. ANSWER Each court must determine its own policy based upon whether the court knows. whom the owner is The court might decide to hold the NOA at the court until the owner. requests it or the court might mail it to the owner if an address is available The court can. also mail or FAX the NOA to SOS, QUESTION What if the court submits its abstracts electronically How does it get an. ANSWER This process will work the same way as it currently does for a CORDL. Depending upon how the court s software works it might be produced at the court or the. clerk might have to type it SOS will accept a print screen if it displays all the necessary. information In this case SOS would prefer to have this form sealed with the court s seal. QUESTION Should the NOA be sealed by the court if produced on 8 x 11 paper. ANSWER Yes, QUESTION Does the trial box on the NOA tell the branch office of a dismissal acquittal. so they can clear the title hold also, ANSWER The NOA does not clear the title It only clears the paper plate The sentencing.
information clears the title if not immobilized, QUESTION On a multi count case if a paper plate is issued should each abstractable. count include the VIN information as well as the immobilization information if needed. What if they start dismissing certain counts Basically how do we handle a multi count. C W with these extra fields, ANSWER An NOA should not be issued until all counts from a case are adjudicated If. one count is dismissed and it is the first abstract received it will clear the VIN hold When. the conviction abstract is received it will reinstate the VIN This will result in a warning edit. notation to the court on the abstract error list It is possible that a defendant will go to a SOS. branch office to obtain a metal plate after the first abstract has cleared the VIN hold. QUESTION How do we handle the NOA and abstract if the issuance of a paper plate is. related to a multi charge ticket, ANSWER The process in the court is the same regardless of whether the charge is filed in. the court on a ticket or a complaint and warrant A NOA should not be issued until all tickets. from an incident are adjudicated If one ticket is dismissed and it is the first abstract. received it will clear the VIN hold When a conviction abstract is received on a same. incident violation it will reinstate the VIN This will result in a warning edit notation to the. court on the abstract error list It is possible that a defendant will go to a SOS branch office. to obtain a metal plate after the first abstract has cleared the VIN hold. QUESTION What reporting requirements does the court have for these offenses. ANSWER The court has three reporting requirements, a The court must report the adjudication of every case for which a paper plate was. issued to the Secretary of State This is not only Operating While Intoxicated and. DWLS but any offense occurring while suspended if the driving record indicates. plate confiscation eligibility The adjudication abstract includes guilty pleas as well. as dismissals and nolle prosequi If convicted the adjudication abstract must contain. the VIN and make of the vehicle, b The court must report the sentencing of every case for which a paper plate was issued.
and the defendant was convicted The sentencing abstract audit abstract must. indicate a Yes or No regarding whether immobilization was ordered If Yes. the start date and number of days ordered immobilized are required. c The court must report the adjudication of every case with a penalty of over 92 days. and every case where immobilization was ordered to the Michigan State Police. Central Records The Judgment of Sentence Dismissal Acquittal or Nolle Prosequi. may be used,QUESTION How are convictions for Attempts handled. ANSWER All convictions for Attempts are reported to DOS and MSP DOS and courts. will treat Attempts as if completed the offender will receive the same licensing actions. points and punishment, QUESTION Will license restrictions be imposed by the court at plea. ANSWER The court will continue to impose specific license restrictions work. location hours etc on all Drug Crimes and OUIL OWI cases which occurred prior to. 10 1 99 The court will not impose specific license restrictions on any case with the. exception of Drug Crimes occurring on or after 10 1 99 these will be imposed by SOS. Alcohol Offenses occurring on or after 10 1 99 The court will submit adjudication. information but no revocation suspension or restriction information These sanctions will. be imposed by DOS based upon the driving record If restrictions are granted they will be. the broadest available under Statute Defendant must carry valid proof of destination. Drug Offenses occurring on or after 10 1 99 The court will enter adjudication information. and submit after sentencing including the revocation suspension or restriction length. without specific restrictions work location hours school etc If restrictions are granted. they will be the broadest available under Statute Defendant must carry valid proof of. destination, Alcohol and Drug Offenses occurring prior to 10 1 99 The court will process under current. QUESTION Does the court still order screening and assessment on alcohol offenses. ANSWER Yes,QUESTION What if the defendant fails to appear. ANSWER All offenses in the Michigan Vehicle Code are now eligible for an FAC FCJ. suspension, QUESTION What if the defendant does not appear for an extended period of time and the.
innocent owner wants to get a new metal plate, ANSWER There is no provision in the current Statute addressing this issue The. registration can be renewed each time it expires There is no direction in the Statute as to the. court or SOS having authority to allow the innocent owner to eventually get a metal plate. without the underlying criminal case being adjudicated. QUESTION When abstracting after sentencing must the court report anything if no. immobilization is ordered, ANSWER Yes The field on the sentencing abstract sometimes referred to as the Alcohol. Audit is a mandatory field if a paper plate was issued It must be completed either Y yes. QUESTION If a paper plate was issued because the driving record shows multiple. suspensions and the charge presented to the court is for DWLS 1st can a Magistrate order. immobilization in the sentence based upon the driving record. ANSWER MCL 257 904e states that a court shall order rather than a judge Therefore. it appears a magistrate having authority to sentence on DWLS 1st offenses could order. immobilization, QUESTION If the defendant is sentenced to jail can the car be immobilized during that. ANSWER No Immobilization must follow incarceration See MCL 257 904d 6. QUESTION What if the defendant is released early how can the court predict when. release will occur, ANSWER The court will have to take into consideration the jail population in his or her. area as well as policies regarding good time early release In some circumstances the. defendant may have a window of time during which s he can legally drive the vehicle that. period between jail release and the date the vehicle is ordered immobilized. QUESTION If the defendant is on a tether program when does immobilization occur. ANSWER In the case of a tether program in lieu of incarceration the immobilization could. occur immediately,QUESTION Can immobilization be ordered at plea.
ANSWER Per MCL 257 625 and 257 904 immobilization is ordered at sentencing The. court could advise defendant at plea that immobilization will be ordered at sentencing to give. him her time to make arrangements, QUESTION Can the owner sell the vehicle before sentencing If they do what does the. court report regarding immobilization, ANSWER There is nothing to prohibit the sale of the vehicle before sentencing If this. occurs no immobilization is ordered or reported, QUESTION What if the owner advised the court at sentencing that s he intends to sell the. vehicle Should the court order immobilization, ANSWER The court should order immobilization and report it to SOS Depending upon. the timing of the sale versus the receipt of the sentencing abstract at SOS various steps might. If the car is sold before the court submits its sentencing abstract by FAX the court should. note on the form that the car has been sold SOS will handle it manually and. immobilization information will be added to the Judges Audit. If the abstract is submitted before the sale occurs SOS will allow the transfer of the title. which will clear the immobilization order against the vehicle Immobilization. information will be added to the Judges Audit, If the sale and transfer of title occur after sentencing but before the abstract is submitted.
the immobilization order on the sentencing abstract will kick out and SOS will manually. put the immobilization information into the Judges Audit data base The vehicle will be. unaffected as the title will already be transferred. QUESTION Can a vehicle other than the one driven during the violation be ordered. immobilized, ANSWER The statute states that vehicle immobilization means requiring the motor vehicle. involved in the violation immobilized in a manner provided in Section 904e See MCL. 257 904d 3 4 and 8 b, QUESTION Can a person immobilize their own vehicle such as placing their own CLUB. on the vehicle, ANSWER The court would most likely require some proof that the immobilization method. could not be circumvented and the vehicle could not be driven under these circumstances. QUESTION How does the court initiate immobilization and how does the court determine. that it occurred, ANSWER SCAO form MC 267 Order for Vehicle Immobilization is designed for the. purpose of ordering immobilization It contains a certification section by which the. defendant can provide proof of compliance with the order. QUESTION Where are vehicles immobilized and who pays for it. ANSWER There are various methods by which this can be accomplished Any technology. 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 may be. used The court may order the vehicle stored at a location and in a manner it considers. appropriate Costs for immobilization may be ordered paid by the defendant. The court might wish to provide defendants with a specific place to have a vehicle. immobilized such as an impound lot or it might wish to provide a list of choices and require. the order to be returned completed as verification Local circumstances and availability of. locked storage lots or other means of immobilization will impact these decisions. QUESTION How much time does the defendant have to prove the vehicle is immobilized. What if the defendant fails to provide proof of immobilization. ANSWER Each court must determine how much time to provide for immobilization and. how it will proceed if no proof is provided The court could set a specific date by which. immobilization must occur or if facilities are available make it immediate other than when. incarcerated There could be an Order to Show Cause with a subsequent Order for Vehicle. Impoundment MC 254 and or a Bench Warrant for failure to comply with a court order or a. condition of probation, QUESTION What if the vehicle is immobilized on a date different from that reported on.
the sentencing abstract to SOS, ANSWER If the sentencing or audit abstract has already been submitted a corrected. abstract may be submitted with the new start date If a corrected abstract is not sent a person. legally driving the vehicle after it is released from immobilization might get arrested. QUESTION How can an innocent owner address the court regarding possible. immobilization, ANSWER One way could be that the innocent owner files a motion to prove they did not. knowingly allow the offender to operate Each court should determine at what stage it wants. to decide this issue before sentencing or at sentencing and how the judge will make that. determination, QUESTION Will SOS do an override on immobilization. QUESTION If the court orders reimbursement of the costs for emergency services who. determines the amount who collects it and how is it disbursed. ANSWER Determining the amount will require some information from the various. emergency response agencies and might be facilitated by the prosecutor and or probation. department during the pre sentence investigation Each court should determine how it will. handle this process in coordination with county and local prosecuting officials law. enforcement and other agencies, The assessments will be collected and disbursed by the court If one or more of the agencies. is a state agency the money will be transmitted to the state This will require identifying. which agency is the recipient Disbursement in District Courts for local agencies can be. accomplished in a fashion similar to current distribution of ordinance fines and costs using. the general depository account Disbursement in Circuit Court can be accomplished through. the County Treasurer and will require identifying which agency is the recipient. QUESTION Does the court still order community service rehabilitation or substance. abuse treatment, ANSWER Yes Substance abuse treatment is mandatory for a 2nd or subsequent offense.
conviction See MCL 257 625b 5,QUESTION Is there any mandatory jail time. ANSWER For a 2nd offense Operating While Intoxicated Operating While Visibly. Impaired within 7 years there is either a minimum of 5 days in jail or a minimum 30 days. community service For a 3rd offense within 10 years there is either a mandatory 1 year jail. or with probation a mandatory 30 days jail,QUESTION May the court order ignition interlock. ANSWER This provision was moved form the sentencing provisions in MCL 257 625b 8. to 257 322 6 Under this section the Driver License Appeal Hearing Officer must require an. ignition interlock device when issuing a restricted license and must notify the defendant s. employer of this restriction The court could make ignition interlock a condition of. QUESTION How are suspensions and restrictions applied to the driving record and how is. the driver notified, ANSWER Upon receipt of the conviction abstract the Department of State will impose the. minimum license sanctions Restrictions will be the broadest possible under the Statute and. the defendant will be required to carry documentation proving the reason for driving such as. letter from employer school schedule doctor s appointment card etc The driver is. notified by an Order of Action from DOS, QUESTION How is an Order allowing transfer of title to a family member obtained Is a. hearing required Who prepares the Order, ANSWER Each Circuit Court should determine its procedure for this A hearing will.
probably be required There is no SCAO form for such an order. QUESTION How is vehicle forfeiture handled, ANSWER This procedure is outlined in MCL 257 625n and is initiated by the prosecutor. There are several SCAO forms MC 66 MC 68 and Mc 69 If the court orders forfeiture. the unit of government that seized the vehicle sells it and disposes of the proceeds according. to Statute, QUESTION How does a non defendant owner obtain an NOA. ANSWER The procedure is developed at each court Possibilities 1 mail a copy if you. have the owner s address 2 tell the defendant to give the NOA to the owner 3 wait until. the owner contacts the court or 4 send the NOA to SOS by mail or FAX. QUESTION What if the defendant fails to comply with any of the court s sentence. ANSWER All offenses in the Michigan Vehicle Code are eligible for FAC FCJ suspension. QUESTION Who monitors the defendant during immobilization to make sure s he does. not purchase or lease another vehicle, ANSWER This cannot be monitored by DOS The Department will however monitor for. no transfer to a family member It is a crime to purchase or lease a vehicle subject to. prosecution, QUESTION If a defendant has been denied the ability to register a vehicle who will check. to see if s he tries to purchase or lease another vehicle during the denial period. ANSWER Under registration denial effective June 1 2000 it is a crime for a person to. purchase or lease another vehicle Any person suspended or revoked for a 3rd drunk driving. or 4th mandatory additional suspension revocation is denied the ability to transfer a vehicle to. a family member without a court order Department of State prohibits the registration of a. new vehicle in that person s name, QUESTION What happens to a leased vehicle during an immobilization period if the lease.
agreement expires Is the dealer able to re lease, ANSWER The company can re lease or sell the vehicle to someone else but would. probably need to go to the court to get an order releasing the immobilization order The. defendant could not purchase or lease a new vehicle while still under an immobilization. period As of June 1 2000 they fall under registration denial. QUESTION Is there one query to SOS that will get both the driver s license status and the. registration status, ANSWER No A 35 1 35 2 42 7 or 42 8 will produce a driver status A registration. status is obtained by an 11 or 13 for a plate or a 53 1 VIN check. QUESTION If there is a drunk driving case that resulted in the issuance of a paper plate. how does the defendant get his photo license back as well as the owner get a metal plate if. the case is DISMISSED ACQUITTED or reduced to a non alcohol charge. ANSWER The NOA form will accomplish both tasks If the defendant is not the owner it. may be necessary to provide the owner with a copy of the NOA or instruct the owner and. defendant to go to the SOS Branch Office together the driver to get his her photo license and. the owner to get a new metal plate, QUESTION How long is the extension of the 625g permit from the receipt of the abstract. to allow the defendant to get the restricted license mailed to him her. ANSWER The Department of State delays imposition of suspension restriction for 12 days. to give time for the notice to reach the defendant. QUESTION Some drivers do not have current addresses on file with Department of State. Therefore some mailings may be returned and not reach drivers Can this be remedied. ANSWER If defendants want to receive restricted driver licenses it will be important for. them to update their address with DOS Court staff may wish to inform people of the. importance of keeping their address current A person who fails to report a change of his her. residence address is responsible for a civil infraction MCL 257 315 3. QUESTION Will specific restrictions work hours etc still appear on the driving record. for drug offenses pre and post 10 1 99 and pre 10 1 99 alcohol convictions. ANSWER Only for old law cases Any offense drug or alcohol occurring on or after. 10 1 99 will receive generic restrictions, QUESTION Will there be a mixture of some convictions with specific restrictions drug. offenses and some with generic restrictions DOS ordered. ANSWER The only mixture will be between old law and new law cases. QUESTION If the court ordered the restrictions drug offenses will the defendant have to. carry proof of restrictions for that offense, ANSWER Yes if issued on cases occurring prior to 10 1 99 No if issued on cases.
occurring on or after 10 1 99 The defendant is required to carry proof of destination. QUESTION Would a CORDL be produced for a Drug Offense conviction on an offense. occurring on or after 10 1 99, ANSWER If the court orders a hard suspension followed by restrictions no CORDL would. be required DOS would send out a restricted license when the driver becomes eligible If. only a hard suspension is ordered and the driver later receives a restricted license from the. court the court could issue a CORDL without specific restrictions to be carried until DOS. issues the actual restricted license, QUESTION What forms are required for implementation of Repeat Offender laws. ANSWER The SCAO created several forms and modified others For a period of time the. courts will need both the old and new versions of some of the forms depending upon the. offense date of the case it is processing, CC 268 Order Regarding Driver License Restoration Appeal for arrests after 10 1 99. CC 269 Order Regarding Driver License Restoration Appeal for arrests from 1 1 92. through 9 30 99,MC 267 Order for Vehicle Immobilization. Revised Forms,DC 213 Advice of Rights,DC 251 Misdemeanor Register of Actions.
MC 210 Affidavit and Order for Restricted Driver License for arrests prior to 10 1 99. or Drug Crimes,MC 219 Judgment of Sentence Commitment to Jail. MC 254 Order for Vehicle Impoundment, QUESTION If the court orders reimbursement of the costs for emergency services who. determines the amount who collects it and how is it disbursed. ANSWER Determining the amount will require some information from the various. emergency response agencies and might be facilitated by the prosecutor and or probation. department during the pre sentence investigation Each court should determine how it will. handle this process in coordination with county and local prosecuting officials law. enforcement and other agencies, The assessments will be collected and disbursed by the court If one or more of the agencies. is a state agency the money will be transmitted to the state This could require identifying. which agency is the recipient Disbursement in district courts for local agencies can be. accomplished in a fashion similar to current distribution of ordinance fines and costs. Disbursement in Circuit Court can be accomplished through the County Treasurer and will. require identifying which agency is the recipient, QUESTION Is the judge magistrate bar number required on the audit abstract for. immobilization on non alcohol DWLS and other repeat offender convictions. ANSWER A bar number should be sent for all judges and attorney magistrates Statistics. from abstracts received without a bar number will appear on the last page of the Drunk. Driving Audit Report, QUESTION Which of the new offenses go on the Drunk Driving Audit.


Related Books

CURRICULUM VITAE PETER B. BERG

CURRICULUM VITAE PETER B BERG

2011- Professor, School of Human Resources and Labor Relations, Michigan State University 2009- International Advisory Board Member, British Journal of Industrial Relations: an international journal of employment relations. Wiley-Blackwell. London. 2009-2011 Co-Chair, Work and Employment Relations Network, an interest section of the Labor and

Section 2-2: Personal Hygiene - Asia-Pacific Economic ...

Section 2 2 Personal Hygiene Asia Pacific Economic

2012 APEC Secretariat, Michigan State University and The World Bank Group. Section 2-2: Personal Hygiene Training Modules on General Food Safety Plans for the Food ...

Model Local Wellness Policy - michigan.gov

Model Local Wellness Policy michigan gov

Model Local Wellness Policy MICHIGAN STATE BOARD OF EDUCATION . Preamble . On June 30, 2004, Congress passed Section 204 of Public Law 108-265, of

BEAWebLogic Server - Oracle

BEAWebLogic Server Oracle

It is assumed that readers kno w Web technologies, object-oriented programming techniques, and the Java programming language. WebLogic Server applications ar e created by Java programmers, Web designers, and application assemblers. Programmers and designers creat e modules that implement the business and presentation logic for the application ...

YMCA of Hong Kong Christian College List of Textbooks for ...

YMCA of Hong Kong Christian College List of Textbooks for

17. New Complete Chemistry for Cambridge IGCSE (3rd Ed.) (with CD-ROM) (ISBN: 9780198308706). RoseMarie Gallagher, Paul Ingram Oxford 312.00 Physics 18 . New Complete Physics for Cambridge IGCSE (3rd Edition) (ISBN: 9780198308713) Stephen Pople Oxford 312.00 Business, Accounting and Financial Studies 19 . Edexcel IGCSE Business Studies

Balance Sheets of Financial Intermediaries: Do They ...

Balance Sheets of Financial Intermediaries Do They

Balance Sheets of Financial Intermediaries: ... out-of-sample analysis of the forecasting ... Balance Sheets of Financial Intermediaries: Do They Forecast ...

GOVERNMENT OF INDIA MINISTRY OF WATER RESOURCES CENTRAL ...

GOVERNMENT OF INDIA MINISTRY OF WATER RESOURCES CENTRAL

MINISTRY OF WATER RESOURCES CENTRAL GROUND WATER BOARD ... for administrative convenience viz. Basavana Bagewadi, Bijapur, Indi, Muddebial and Sindagi taluks.

OptiSystem Training Seminar - Optiwave

OptiSystem Training Seminar Optiwave

Unique circuit design software that incorporates equations governing optical elements into an electrical simulation framework to provide self- consistent analysis of opto-electronic circuits Time and frequency domain simulators for the design of the physical or transmission layer of optical systems, subsystems and components. Based on FDTD and UPML boundary condition, solves the E & H fields .

Compensation in Optical Fiber WDM System Using Different ...

Compensation in Optical Fiber WDM System Using Different

have the widest bandwidth compared to any other media known, including wireless, copper wire, sonar, and even free-space-optics. Tera Hertz (10 to the 12th power) bit rate has been demonstrated in the lab by using the standard single mode telecom fiber. As a comparison, the entire useful radio bandwidth worldwide is only 25Gbps, a mere 0.1 ...

Anexos de OACI - Club Aereo Puerto Montt

Anexos de OACI Club Aereo Puerto Montt

oaci ha emitido 18 anexos que abarcan diferentes ambitos aeronauticos. los estados deben comunicar a oaci la adopcion de sus normas o informar sus diferencias con las mismas. no obstante, cada estado puede establecer normas nacionales propias para las operaciones dentro de su territorio. la dgac se encuentra desarrollando un proceso de